The Prevention and Intervention of Genocide
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The Prevention and Intervention of Genocide An Annotated Bibliography
Samuel Totten N ew York London
Routledge is an imprint of the Taylor & Francis Group, an informa business
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Routledge Taylor & Francis Group 270 Madison Avenue New York, NY 10016
Routledge Taylor & Francis Group 2 Park Square Milton Park, Abingdon Oxon OX14 4RN
© 2007 by Taylor & Francis Group, LLC Routledge is an imprint of Taylor & Francis Group, an Informa business This edition published in the Taylor & Francis e-Library, 2008. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.”
International Standard Book Number-10: 0-415-95358-8 (Hardcover) International Standard Book Number-13: 978-0-415-95358-0 (Hardcover) No part of this book may be reprinted, reproduced, transmitted, or utilized in any form by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying, microfilming, and recording, or in any information storage or retrieval system, without written permission from the publishers. Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Library of Congress Cataloging-in-Publication Data Totten, Samuel. The prevention and intervention of genocide : an annotated bibliography / Samuel Totten. p. cm. Includes bibliographical references and index. ISBN 0-415-95358-8 (hc : alk. paper) 1. Genocide--Bibliography. 2. Genocide--Prevention--Bibliography. I. Title. Z7164.G45T68 2006 [HV6322.7] 016.3046’63--dc22
2006011871
ISBN 0-203-94352-X Master e-book ISBN
Visit the Taylor & Francis Web site at http://www.taylorandfrancis.com and the Routledge Web site at http://www.routledge-ny.com
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Dedicated to three great friends and colleagues who care deeply about the prevention and intervention of genocide, and whose work has had a profound impact on the field of genocide studies. Dr. Israel W. Charny, Director of the Institute on the Holocaust and Genocide Studies, Jerusalem, Israel Jerry Fowler, Director of the Committee on Conscience, United States Holocaust Memorial Museum, Washington, D.C. William S. Parsons, Chief of Staff, United States Holocaust Memorial Museum, Washington, D.C.
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Contents Acknowledgments
ix
Introduction
1
1
United Nations Charter
47
2
Chapter VI of the UN Charter
69
3
Chapter VII of the UN Charter
71
4
United Nations Convention on the Prevention and Punishment of Genocide (UNCG)
83
5
International Law and Genocide
103
6
Sovereignty
211
7
Realpolitik
265
8
Potential Sources/Causes of Conflict and/or Violence (including Crimes Against Humanity and/or Genocide)
273
A.
273
B.
9 10 11
12
Extreme Scarcity of Resources, Competition for Resources, Under Development, “Horizontal Inequalities,” and/or Adverse Impact of Economic Aid Extreme Nationalism, Extreme Ideological Differences, Extreme Ethnocentrism, Ethnic Tensions, Extreme Religious Differences, and Unresolved Matters in the Post-Genocidal Period
312
Prevention: Early Warning Systems
377
Prevention: Early Warning Indicators/Signals of Potential Crimes Against Humanity and/or Genocide
413
Preventive Measures
437
A. B. C. D. E.
437 462 464 481 486
Theoretical, Conceptual, and Emerging Approaches/Strategies Information Collection and Dissemination Preventive Diplomacy Mediation Conflict Resolution
Prevention of Genocide
497
A. B.
497 562
The United Nations Trans Regional and Other Intergovernmental Organizations (ASEAN, CMCA, NATO, OAS, OAU, OSCE)
vii
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Contents
viii C. D. E.
13
14 15
16
579 591 602
Components of Intervention
605
A. Political Will B. Sanctions C. Information and/or Media Intervention D. “Safe Areas,” “Safe Havens,” “Safe Zones,” “Safety Zones,” “Security Zones,” “Protected Areas” E. Partitions/Partitioning F. Proposals for Special International Force—Standing or Standby
605 619 638 647
Intervention of Genocide
671
The UN and the Prevention and Intervention of Genocide
867
A. B. C. D. E.
867 873 879 932 962
Preventive Diplomacy Peacemaking Peacekeeping Peace Enforcement Peace Building
653 657
Post-Conflict
973
A.
973
B. C. D. E. F. G.
17
Nongovernmental Organizations Individual Nations Other Entities
Peace Building Operations: Conceptual Approaches, The Implementation of Such, and Issues of Efficacy Demobilization Repartriation Transformation Via Legal and Democratic Transitions Economic Recovery Reconciliation Nation Building
981 982 984 991 992 996
Courts and Tribunals
1001
A. B.
1001 1004
National Courts and Tribunals International Criminal Tribunals
18
The International Criminal Court (ICC)
1053
19
Organizations
1087
20
Education and Training
1105
21
Journals: A Select List
1115
22
Newsletters
1125
23
Bibliographies
1127
Index
1131
Editor’s Note
1153
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Acknowledgments The work on this book was completed in numerous libraries in the United States and Europe, including American University Library, Washington, D.C.; Bibliotteck de lur of the University of Amsterdam; The Boole Library at University College, Cork, Ireland; The James Hardiman Library at the National University of Ireland, Galway; the Jeanette Rankin Library at the U.S. Institute of Peace, Washington, D.C.; Mullins Library, the University of Arkansas at Fayetteville; The Netherlands Institute for War Documentation Library, Amsterdam, Holland; The Research Library at the International Criminal Tribunal for the Former Yugoslavia, in The Hague; the Robert A. and Vivian Young Law Library at the Leflar Law Center, University of Arkansas, Fayetteville; and Trinity College Library at Trinity College, University of Dublin, Ireland. Gratitude is offered to the host of librarians who provided valuable assistance in locating key books, journals, and articles. The library staff at the Jeanette Rankin Library at the U.S. Institute of Peace was so helpful and its small library so rich in resources that I made six separate trips to Washington, D.C., for the sole purpose of conducting research there. Each trip involved close to forty hours of work per week in the library. During the course of my work, the librarians and support staff could not have been more gracious, helpful, and friendly. Not only were they welcoming, but they pointed me in the direction of works that they thought I would find of interest. They also made it clear throughout my stay that they were not only available to answer any questions I might have, but actually welcomed them. In light of my great appreciation for their assistance and, ultimately, friendship, I wish to mention each individual at the Jeanette Randolph Library by name, and offer my most heartfelt thanks to each of them: Jim Cornelius, Ellen H. Ensel, and Margarita S. Studemeister. Finally, I wish to sincerely thank Rob Tempio, first, for his enthusiasm regarding the development of this book, and second, for his willingness and support to publish such a mammoth book. I also wish to sincerely thank Michael Kerns, political science editor at Routledge for his great support and gracious assistance in bringing this book to completion.
ix
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Introduction
Prevention and Intervention of Genocide: An Annotated Bibliography is the first major bibliography dedicated solely to the prevention and intervention of genocide. It is the culmination of five years work in nine major libraries: The Library of Congress; The Jeannette Rankin Library of the United States Institute for Peace (Washington, D.C.); The Netherlands War Documentation Center Library (Amsterdam); Mullins Library and the Leflar Law School Library at the University of Arkansas, Fayetteville; American University Library (Washington, D.C.); and Trinity College Library at the University of Dublin/Trinity College, Boole Library at University College, Cork, and James Hardiman Library at the National University of Ireland, Galway, all of which are located in Ireland. Only relatively recently—the past two decades or so—has there been a concerted effort by scholars to examine the complex array of issues germane to the prevention and intervention of genocide. To a large extent, most issues pertinent to the prevention and intervention of genocide have either been studied in isolation and/or by scholars specializing in different fields (e.g., genocide studies, conflict resolution, conflict studies, peace studies, political science, sociology, psychology, and international law). In many cases, such scholars are not familiar with each other’s work or efforts, let alone appreciative how various components under study are related to one another. As a result, the effort to develop an effective anti-genocide regime is not as far along as it could or should be. In that regard, this bibliography is an attempt to bring the work, findings, insights, and quandaries of scholars in various fields (political scientists, sociologists, historians, psychologists) specializing in different areas of study (genocide studies, peace studies, conflict resolution, et al.) together under a single umbrella. As humanity gradually moves into the twenty-first century, it continues to struggle to ascertain and to develop the most effective means for preventing 1
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genocide. It is an effort of the utmost importance, for genocide, which stained the globe throughout the twentieth century, continues unabated to this day. Century of Genocide Some scholars have deemed the twentieth century a century of genocide. That is understandable in light of the fact that every single decade of the twentieth century was witness to at least one genocide somewhere in the world. It is also understandable due to the fact that the various genocides resulted in the mass murder of tens of millions of people—some estimate the number to be well over one hundred million (Rummel 1992, p. 1)—between 1904 (when the first genocide of the twentieth century was perpetrated by the Germans against the Hereros in Southwest Africa) and 1995 (when over seven thousand Bosnian Muslim boys and men were murdered by Serb militia in Srebrenica). (For critical analyses and first-person accounts of these and other genocides, see Century of Genocide: Critical Essays and Eyewitness Accounts.edited by Samuel Totten, William S. Parsons, and Israel W. Charny. New York: Routledge, 2004) Various genocides perpetrated prior to World War II (e.g., that of the Hereros, the genocide of the Armenians by the Ottoman Turks between 1915 and 1919, and the Soviet man-made famine in Ukraine between 1932 and 1933) were, in their immediate aftermath and for many years afterward, largely forgotten about by the rest of the world. Indeed, the issue of genocide did not gain the attention of the international community until the conclusion of World War II when stories and photographs began appearing in newspapers and magazines about the Nazi perpetrated Holocaust (1933–1945). Undoubtedly, a large part of the attention focused on the Holocaust was due to the fact that it was a genocide perpetrated in the West by a people considered highly cultured and sophisticated; it was a genocide of massive proportions that engulfed peoples all across Europe and beyond; it was a genocide that was meticulously planned, carefully documented, and carried out in a highly bureaucratic and technologically sophisticated manner; and the perpetrators (the Germans/Nazis) were the same ones who were responsible, in part, for initiating the Second World War. In the aftermath of World War II and the Nazi extermination of approximately six million Jews and five million other people (including but not limited to the Gypsies, mentally and physically handicapped, and Slavic peoples) during the Holocaust, the United Nations adopted a resolution on December 9, 1946, recommending that international attention and cooperation be focused on the prevention and punishment of genocide. It was, in fact, the horrific slaughter by the Nazis, along with the ardent and tireless efforts of Polish émigré jurist Raphael Lemkin, that prompted the member states of the United Nations to formally recognize genocide as a crime under international law. From the outset, the development of the U.N. Convention on the Prevention and Punishment of Genocide (UNCG) was plagued by controversy. For example,
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Introduction
3
a brouhaha erupted over whether to provide protection for “political groups” under the UNCG. The Soviet Union argued that the inclusion of political groups would not conform “with the scientific definition of genocide and would, in practice, distort the perspective in which the crime should be viewed and impair the efficacy of the Convention” (U.N. Economic and Social Council 1948, p. 712). Similarly, the Poles asserted that “the inclusion of provisions relating to political groups, which because of their mutability and lack of distinguishing characteristics did not lend themselves to definition, would weaken and blur the whole Convention” (U.N. Economic and Social Council 1948, p. 712). Another argument against the inclusion of political groups was that unlike national, racial, or religious groups, membership in political groups was voluntary. However, in a later session, the French argued that “whereas in the past crimes of genocide had been committed on racial or religious grounds, it was clear that in the future they would be committed mainly on political grounds” (UN Economic and Social Council 1948 p. 723). Ultimately, as a result of a great deal of compromise, both political and social grounds were not granted protection under the UNCG. The upshot was that the United Nations Convention on the Prevention and Punishment of Genocide came to define genocide in the following manner: In the present Convention, genocide means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: a. Killing members of the group; b. Causing serious bodily or mental harm to members of the group; c. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; d. Imposing measures intended to prevent births within the group; e. Forcibly transferring children of the group to another group.
The ratification of the UNCG in 1948 and the hope it inspired immediately clashed with the realities of the cold war spawned by the antipathy between the Soviet Union and the United States. Indeed, for all intents and purposes, the UNCG became a dead letter of sorts during the cold war years. 1945–1989—The Cold War Years The objectives of those who initially shaped the post-1945 agenda of protecting every single individual’s human rights (as specified in UN Declaration of Human Rights, the UNCG and other documents) became increasingly diluted as the twentieth century wore on. Indeed, the postwar cry of “Never Again!” became more and more muted until the second half of the century began to appear as an almost endless chain of genocidal actions—in large wars, small wars, civil wars, and sometimes when there was no war at all. Periodic genocides, largely ignored by the outside world, were perpetrated throughout the cold war period in such
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places as Bangladesh, Burundi, East Timor, Indonesia, Paraguay, Cambodia, and Guatemala. In 1971, East Pakistan sought to secede from West Pakistan, a move that was resisted with staggering violence. The subsequent emergence of the independent nation of Bangladesh was accompanied by some three million dead and a quarter of a million women and girls raped, the result of a calculated policy of genocide initiated by the government of West Pakistan for the purpose of terrorizing the population into accepting the continuance of Pakistani rule over the region. Ultimately the strategy did not work, as Bangladesh achieved its independence after the intervention of India in the conflict and the consequent defeat of the Pakistani forces. The following year, 1972, an outbreak of genocidal violence shook the tiny central African nation of Burundi, where a Hutu-instigated uprising against Tutsi domination resulted in the army subjugation and mass murder of tens of thousands of Hutu civilians over a five-month period. The final total of dead numbered between two hundred thousand to three hundred thousand Hutu men, women, and children, and ushered in a period of Tutsi dominance that was to last for several decades. During this period, the Hutu majority population was reduced to a position of entrenched second-class subservience (Lemarchand 2004). It was characteristic of the era that Burundi became a location for cold war rivalries. The Western world, and in particular the United States, saw the catastrophe that befell the Hutu as an irrelevancy so far as the bigger picture of defeating Communism was concerned. The French government saw the conflict as an opportunity to reinforce its preferred Francophone client-state relationship, while Communist countries such as China and North Korea took the opportunity to assist the Tutsi junta with arms and infrastructural support as a way to woo the regime away from the West. A little over two years after the worst of the violence ceased in Burundi, Communist tyrant Pol Pot and the Khmer Rouge won a bloody civil war in Cambodia, and began one of the most radical attempts at remodeling an existing society the world had ever seen. In taking the Cambodian people back to the “Year Zero,” as Pol Pot put it, at least 1.5 million people lost their lives (Kiernan 2004, p. 339). The killing continued for over three years, and did not come to an end until Communist Vietnam invaded Kampuchea and drove the Khmer Rouge from power. The intervention by Vietnam was not due to altruism or concern over the genocide per se, but was rather a result of political differences and violent border skirmishes and incursions by the Khmer Rouge. Such countries as the United States, Great Britain, and Australia basically looked the other way as the genocide unfolded for the Khmer Rouge were the enemy of the allies’ enemy, Vietnam. In 1975, yet another cold war genocide was taking place in Asia—in the former Portuguese overseas territory of East Timor. In 1975, one of the political factions jockeying for power in the aftermath of Portuguese decolonization, FRETILIN, declared the territory’s independence; within weeks, Indonesian military forces
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5
invaded, declared East Timor to be that country’s twenty-seventh state, and began a systematic campaign of human rights abuses which resulted in the mass murder, starvation, and death by torture of up to two hundred thousand people—about a third of the pre-invasion East Timorese population (Dunn 2004). In sum, the cold war had a devastating effect on post-1945 hopes that a new, non-genocidal regime could be created and honored across the world. Not only were peoples and groups in conflict left to fight out—or in the case of the victims, defend—their differences unimpeded; all too often, as capitalist and Communist states saw the possibility of achieving an advantage through either action or inaction, those committing genocidal acts were frequently aided and abetted for the most blatant of realpolitik motives. As long as the cold war continued, there was little chance that the pressures likely to lead to a genocidal situation would find a “release valve.” The great powers played a leading role in manipulating local conflicts so as to suit their own needs, after which each side was able to serve as a proxy in the greater ideological conflicts of the time. The cold war showed with great clarity that the world’s major actors paid only lip service to their postwar commitment to “never again” allow genocide to take place. The 1990s and Early 2000s The international community’s record vis-à-vis the prevention of genocide in the 1990s and early 2000s was, with one major exception (in northern Iraq in 1991) abysmal. Its record for halting genocide once it had begun was, with two major exceptions (East Timor in 1999 and Kosovo in 1999) equally abysmal. Oddly, and ironically, this is true despite the fact that the UN and other members of the international community engaged in more intervention efforts throughout the 1990s and early 2000s than ever before. That said, it is important to note that the conflicts the international community confronted in the 1990s and early 2000s essentially moved away from those it had been accustomed to addressing (e.g., conflict and warfare between sovereign nations) to those with which it was largely unfamiliar (e.g., intrastate violence, often set off by religious, ethnic, and political triggers). That, of course, is no excuse; rather, it is recognition that the world had become a radically different, if not somewhat more complex, place in the aftermath of the cold war. At one and the same time, it is also important to note that the relatively new concept of “the responsibility to protect” grew out of the ever-increasing concern over the seemingly constant perpetration of crimes against humanity and genocide throughout the 1990s. While the concept has been hotly debated, it has grown in visibility and stature; still, only time will tell whether or not it results in something positive—meaning, the imposition of early and effective actions to prevent (and when necessary, halt) the perpetration of crimes against humanity and genocide.
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The Early Years of the Post-Cold War Period When the cold war came to an end in 1989, there was a great surge of optimism and hope that the world would be a more peaceful place. Such optimism, however, was short lived. With the collapse of Communism in the Soviet Union, internal tensions broke out in violent conflict (or, in certain cases, continued apace) in numerous places across the globe, including the Middle East (e.g., Iraq), Europe (e.g., the former Yugoslavia), and Africa (e.g., Somalia and Rwanda). Some of the crisis situations resulted in crimes against humanity, while still others degenerated into genocide. No longer prevented by the USSR and the United States from intervening in such matters, the international community made one attempt after another, depending upon the circumstances, to keep the peace, enforce the peace, or make the peace. The earliest—and one of the most successful post-cold war interventions—took place in Iraq in April 1991, when the United States and its allies conducted Operation Provide Comfort. This involved creating a “safe haven” for those Kurds residing in northern Iraq who were threatened by Saddam Hussein’s troops. While interventionary troops established relief camps and safe havens in northern Iraq, NATO planes established a no-fly zone over the area. As Samantha Power (2002) noted in her Pulitzer Prize-winning book, A Problem from Hell: America and the Age of Genocide, “Operation Provide Comfort was perhaps the most promising indicator of what the post-Cold War world might bring in the way of genocide prevention. . . . This marked an unprecedented intervention in the internal affairs of a state for humanitarian reasons. Thanks to the allied effort, the Iraqi Kurds were able to return home and, with the protection of NATO jets overhead, govern themselves” (p. 241). If only the international community had acted in such a manner in 1988 when the Iraqi government carried out its so-called “Anfal Operations,” which resulted in the murder of between fifty thousand to two hundred thousand Kurdish civilians in northern Iraq (Leezenberg 2004). In the aftermath of the success in Iraq and with an eruption of strife in postCommunist Yugoslavia, various parts of Africa, Asia, and elsewhere, UN Secretary General Boutros Boutros-Ghali issued An Agenda for Peace (1992) in which he delineated an optimistic and grand plan vis-à-vis future UN peace operations. But his plan was sorely naive in that it was bereft of a real sense of the many and complex barriers that had to be overcome when an intervention was attempted. Among such were the complex machinations of the UN Security Council; the issue of realpolitik practiced by states (including those on the UN Security Council); the lack of political will that prevented many states from contributing to key peace operations; the complexity of the intrastate violence that was to be confronted by various peace operations; and, last and certainly not least, the UN’s own Byzantine, slow moving and often inept way of handling major peace operations in locales where a combination of politics, heated ethnic differences, and/or major religious divisions made for a toxic stew that was extremely complex, volatile and, more
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often than not, lethal. Put another way, Boutros-Ghali’s ideas regarding the implementation of preventive diplomacy, peacekeeping, peace enforcement, and peace making, all of which were highlighted and discussed in Agenda for Peace, were no match for the complicated and wrenching facts on the ground. The disasters that were already under way (e.g., in the former Yugoslavia), as well as those that were brewing (e.g., in Somalia and Rwanda), provided ample proof of that. The Former Yugoslavia In 1991, following the fall of the former Soviet Union and the end of the cold war, the former Yugoslavia began to disintegrate into internecine conflict between and amongst the three major groups—Serbs, Muslims, and Croatians— that had lived in peace in Tito’s Yugoslavia. More specifically, in the wake of extreme nationalist sentiments espoused by Serbian president Slobodan Milosevic, first Slovenia seceded, then Croatia and, not long afterwards, Bosnia. Upon each secession, Serb forces attacked the break-away states. For the next eight years, horrific atrocities, including crimes against humanity and genocide, were committed. The CIA reported that “90 percent” of the atrocities perpetrated between June 1991 and January 1995 were committed by Serb military and paramilitary forces (Power 2002, p. 310). The international community was well aware of Milosevic’s words and threats, and the fear they instilled in the Muslim and Croat populations. It was also well aware of the ever-increasing and brutal actions committed by the Serb troops against their former neighbors and newly declared enemies. Based on her analysis of declassified documents, Power (2002) asserts that “no other atrocity campaign in the twentieth century was better monitored and understood by the U.S. government. U.S. analysts fed their higher-ups detailed and devastating reports on Serbian aims and tactics” (p. 264). And yet, the world basically watched as the horrific events unfolded. “Despite unprecedented public outcry about foreign brutality, for the next three and a half years the United States, Europe, and the United Nations stood by while some two hundred thousand Bosnians were killed, more than two million were displaced, and the territory of a multiethnic European republic was sliced into three ethnically pure statelets” (Power 2002, p. 251). The reasons for the lack of action on the behalf of the victims varied from nation to nation. In the United States, for example, it varied from such attitudes as “we don’t have a dog in this fight” (the actual words of then Secretary of State James Baker), to “the Vietnam analogy” (e.g., the military’s fear of getting bogged down in a quagmire that the public would not support and which might lead to a large loss of military personnel), onto the so-called “Somalia factor” (an intervention likely to go awry and result in the deaths of U.S. troops). And these were only three of the main reasons.1 This is not to say that the international community did nothing. In fact, it became deeply involved in attempting to quell the violence in the former Yugoslavia by
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The Prevention and Intervention of Genocide
8
brokering cease-fires, imposing sanctions, and establishing peace agreements. But the attempts at intervention were either too little, too late, or totally ineffective. Diplomatic efforts, sanctions, and even threats seemed to fall on deaf ears, and when either no attempts or extremely weak attempts were used to carry out the threats, the perpetrators of the violence seemed to become even more emboldened to have their way. Indeed, the Western powers, led by the UN, the European Community, and the North Atlantic Treaty Organization (NATO) (and preeminently, the United States and Britain), failed consistently both to resolve the war and to stop the killing. In regard to the UN’s efforts, Thomas Weiss, (1993, p. 7), a political scientist and specialist in the field of intervention, argued that Incremental measures under United Nations auspices paradoxically fostered Serbia’s genocidal war aims. Given their traditional constraints and operating procedures, UN soldiers were not strong enough to deter the Serbs. But they deterred the international community from more assertive intervention because the troops, along with aid workers, were vulnerable targets. While assistance to refugees saved lives, it also helped foster ethnic cleansing by stimulating movement of unwanted populations. Air-drops of food made it seem as if people counted; while massive and unspeakable human rights abuse and war crimes continued unabated. Inadequate military and humanitarian action, combined with half-hearted sanctions and a negotiating charade, thus constituted a powerful diversion. They collectively impeded more vigorous Western diplomatic and military pressure for lifting the arms embargo for Muslims to help level the killing fields.
Rwanda Tensions in the early 1990s between the ruling Hutu and the Tutsi people in Rwanda were nothing new. Indeed, from the time Rwanda gained its independence from Belgium in 1962, the Tutsis had been subjected to discrimination and had been the victims of periodic outbreaks of mass killing perpetrated by the Hutus. Tensions, though, increased dramatically in 1990, following an invasion into Rwanda by the Rwandan Patriotic Front (RPF) (primarily comprised of exiled Tutsi). As the RPF made headway in its battle against the Hutu-run government, Tanzania, with the assistance of major Western powers, brought the warring parties together in order to bring about a cease-fire. Ultimately, both sides signed the Arusha Peace Accords in 1993, which provided for shared governance of Rwanda by both the Hutus and the Tutsis. Alarmed at what the Arusha accords would result in, not only did Hutu extremists set out to totally undermine the talks and the peace accords but they did everything in their power to terrorize the Tutsis and moderate Hutus who supported the accords. Ultimately, the Hutu extremists made plans for doing away with their perceived enemies. The subsequent terrorist tactics of the Hutu extremists were evident to all
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9
who were residing in Rwanda, and scholar-activist Alison Des Forges (a noted human rights researcher with Human Rights Watch, and co-chair of the International Commission on Human Rights Abuses in Rwanda 1992–1993) has argued that the donor states and international organizations working in Rwanda “could and should have anticipated” the 1994 genocide in Rwanda (quoted in Fein 1994, p. 21). As a result of the Arusha Accords, the UN inserted a peace mission (the UN Assistance Mission for Rwanda—UNAMIR) in Rwanda for the express purpose of overseeing the cease-fire, helping with the demobilization and demilitarization of the area, and working to establish a modicum of safety as the Tutsis in exile returned to Rwanda. The ensuing turmoil, though, took place despite the signing of the Arusha Accords; and, in fact, the increased tensions and ultimate genocide were largely a result of the Hutu extremists’ disdain for the conditions set by the Arusha Accords. As time went on, the Hutu extremists grew bolder in their attacks on the Tutsis, while also building up huge caches of weapons, establishing and training militias, and issuing radio broadcasts decrying the very existence of the Tutsis in Rwanda. As Alison Des Forges has correctly asserted “the international community was not resolute in holding the Rwandan government and the RPF to the peace accords signed on August 4, 1993” (quoted in Fein 1994, p. 21), and that, as the world now knows, was a grave error. Within a relatively short period, it was obvious to the UN force commander, Lt. General Romeo Dallaire, that a Chapter VI peace mission was an inadequate mandate for what UNAMIR faced. His call for a more robust mandate, though, fell on deaf ears at the UN (and, in particular, within the UN Security Council) and in the capitals of the most powerful nations across the globe. Undoubtedly, that was due to a host of reasons and, in reality, a commixture of them: the international community already felt overburdened by the ongoing war in the former Yugoslavia; there was a general tentativeness about becoming immersed in another African ethnic conflict; and there was the bitter aftertaste as a result of the then recent and disastrous intervention in Somalia in which U.S. and Pakistani troops helped to provide humanitarian relief for an ongoing famine and then attempted to restore peace and disarm rampaging militia groups. Some commentators even suggested that it was due to the possibility that those in danger in Rwanda, unlike those in the former Yugoslavia, were black and that the Western powers cared less about their fate than they did that of white victims. What it was not due to, though, was a dearth of information. In fact, throughout the early 1990s, the United Nations, the United States, and various European nations (including France and Belgium) were well aware as to what was transpiring in Rwanda (Barnett 2002; Des Forges 1999; Melvern 2000; Power 2002). Then, as the killing increased to full tilt, the United Nations Security Council exacerbated the situation by scaling back the size and scope of the peacekeeping forces already on the ground (Barnett 2002). Belgium, the former mandatory power, withdrew from Rwanda altogether, along with most other Western countries.
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France, after the worst of the killing had taken place, established a so-called “safe zone” in the south, but its ultimate effect was to protect the tens of thousands of Hutu killers who had poured into the area escaping the advancing Tutsi rebel army (Melvern 2000, pp. 210–226). Ultimately, during this so-called “machete genocide” an estimated eight hundred thousand Tutsi men, women, and children, along with moderate Hutus (e.g., nonextremist Hutus and/or those who attempted to defend the Tutsis from slaughter), were slain in a three-month period. In its introduction to the “International Panel of Eminent Personalities (IDEP): Report on the 1994 Genocide in Rwanda and Surrounding Events,” the Organization of African Unity (2001) asserted that “the U.N.’s Rwandan failure was systemic and due to a lack of political will. . . . Just about every mistake that could be made was made” (p. 140). The panel also declared that the U.N. had compromised its integrity by maintaining “insistent and utterly wrong-headed neutrality regarding the genocidaires” (Organization of African Unity 2001, p. 140). Finally, the panel found clear evidence that “a small number of major actors,” including Belgium, France, and the United States, could have directly “prevented, halted, or reduced the slaughter” (Organization of African Unity 2001, p. 140). The Establishment of the ICTY, the ICTR, and the ICC In 1993 and 1994 two ad-hoc international courts were established by the United Nations Security Council for the express purpose of trying those indicted for crimes against humanity, genocide, and war crimes, as they pertained to the crises in the former Yugoslavia and Rwanda. The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have both been moderately successful (if excruciatingly slow) in bringing prosecutions, and in September 1998 the ICTR made history when it found Jean-Paul Akayesu, the former mayor of the Rwandan town of Taba, guilty of the crime of genocide. It was the first time an international court had issued such a verdict for this specific crime. Other prosecutions have followed, and case-law precedents in international law and genocide-law prosecutions are now growing. It is noteworthy that during the trial of Jean-Paul Akayesu, Pierre Richard Prosper, a U.S citizen serving as a prosecutor at the ICTR, argued ardently to convince the court that “sexual violence against women could be carried out with an intent that amounted to genocide” (Power 2002, p. 485). As Power notes, Prosper argued that “a group could physically exist, or escape extermination, but be left so marginalized or so irrelevant to society that it was, in effect, destroyed” (p. 486). Ultimately, the ICTR found that the systematic rape of Tutsi women in Rwanda’s Taba commune was found to constitute the act of “causing serious bodily or mental harm to members of the group,” and, as a result, Akayesu was found guilty of genocide. As if to demonstrate the firmness of the international community’s resolve to do something about genocide—and to prove that impunity is no longer an option for
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those who commit it—the Rome Statute of the International Criminal Court (ICC) was adopted on July 17, 1998. The court was established by the United Nations under the aegis of the UN Security Council. The statute gives the court jurisdiction to try alleged suspects for the crime of genocide, crimes against humanity, and war crimes. It is both an extension of the ICTY and the ICTR, and the fulfillment of the promises first articulated in the aftermath of the Holocaust (Schabas 2000, pp. 1–21). After considerable debate, the ICC decided to absorb the UN Convention on Genocide, including its definition, directly into its Charter. The court became operative on July 1, 2002, after a minimum of sixty UN countries had ratified it. Notable among those refusing to ratify was the United States. Cognizant of the United States’ intransigence, most European countries had earlier decided that the leadership of the United States would not be required for the purpose of establishing what was seen as a highly moral body that would assist in safeguarding the peace of the world and the lives of its citizens. The United States promptly sought, and received—much to the dismay of many (including the leaders of other nations, as well as human rights activists)—an agreement within the UN that would place Americans serving in foreign postings outside the court’s jurisdiction. Time will tell whether the ICC’s principles and mandate will be backed up by concrete action and the political will to see things through. Srebrenica Even when the international community attempted to be proactive in addressing massive violent conflicts, it did so in a haphazard manner with inadequate UN mandates and missions that were often sorely undermanned, under-resourced and poorly supported. In fact, its half-hearted approach (including its indecision, decisions, inaction, and actions) resulted in, and in some cases, even abetted (though inadvertently), the crimes against humanity and genocide that were perpetrated. The classic case was the tragedy that befell the so-called “safe area” of Srebrenica, in Bosnia, in July 1995. The UN, NATO, and individual nations, such as the United States, Great Britain, and others, had the knowledge and the wherewithal to have prevented this genocide but basically chose not to do so. (For a detailed discussion of the factors that led the international community to allow Srebrenica to fall, see David Rohde’s End Game: The Betrayal and Fall of Srebrenica, Europe’s Worst Massacres Since World War II. New York: Farrar, Straus and Giroux, 1997.) In 1993, Serb attacks on Bosnian Muslims increased in eastern Bosnia, and the latter fled from their homes and villages to seek protection in the nearby town of Srebrenica (and, roughly, a thirty square mile area surrounding it), which had been designated a UN-sponsored “safe area.” The “safe area” had been developed as a result of Security Council Resolution 819 on April 16, 1993. In part, the wording of the resolution read as follows: “. . . the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) should immediately, in pursuance of its
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undertaking in the Convention on the Prevention and Punishment of Genocide of 9 December 1948, take all measures within its power to prevent the commission of the crimes of Genocide” (UN Security Council 1993, p. 1). Subsequently, the UN forged an agreement in which the Muslim troops in the enclave of Srebrenica would disarm, the Serbs would halt their attacks on Srebrenica, and the UN would oversee and enforce the cease-fire. While it is common knowledge that both the Serbs and Muslims periodically violated the agreement, the Serb forces were the ones who, over the years, applied ever-increasing pressure on the Muslims in Srebrenica—as well as on the Dutch peacekeepers (commonly referred to as Dutchbat) charged with protecting the safe area—by periodically shelling them, and preventing humanitarian assistance from entering the enclave. As the attacks increased in number and ferocity, NATO authorities discussed the possibility of air strikes against Serb-held areas. However, many of the European nations that had contributed troops to the UNPROFOR peacekeeping mission argued against the air strikes, asserting that such attacks would endanger their troops—both those on the ground and those who were being held hostage by the Serbs. As a result, the air strikes were not carried out. While one debate after another was held by the Security Council regarding the safe area policy, the council ultimately refused to provide the Dutchbat troops with an adequate mandate (that is, a strong Chapter VII mandate versus the highly restrictive Chapter VII mandate it had, which, in fact, constituted more of a Chapter VI or peacekeeping versus a peace enforcement mandate) that would have helped to save innocent and imperiled lives. And while the council made frequent promises to help the UN contingents protecting the safe areas, these promises were a matter—yet again—of too little too late. In far too many cases, the help that was offered never arrived. The culmination of the constant harassment and attacks by the Serbs was the all-out attack and subsequent take-over of Srebrenica on July 11, 1995. The attack was led by Ratko Mladic (the Bosnian Serb Army commander), Radislav Kristic (the commander of the Drina Corps), and others. For all intents and purposes, the way in which the so-called safe area was established and “protected” was tantamount to making the Muslim people easy targets at the mercy of the heavily armed and well-trained Serb militia and troops. Acting on the Serb orders, Dutchbat even expelled five thousand Muslims from the Dutchbat headquarters in Potocari, where the latter had fled seeking protection. Ultimately, an estimated eight thousand boys and men were captured by the Serbs, lined up in the woods outside of Potocari and murdered. Understandably, some have asserted that Srebrenica was “not so much a safe area as a besieged area” (War Crimes Watch 1996, p. 2). Ignominiously, the genocide in Srebrenica was the largest single act of genocide in Europe in since the Nazi Holocaust that ended in 1945.
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A Revision of An Agenda for Peace It was no surprise when in 1995 UN Secretary General Boutros Boutros-Ghali issued his Supplement to An Agenda for Peace, which called for a rethinking of his earlier statement (An Agenda for Peace) as well as a dramatic overhaul of UN peace operations. It was obvious to anyone who followed international matters that there had been and continued to be a catastrophic disconnect between what the UN had promised and what the latter had resulted in on the ground. Among the major problems Boutros-Ghali addressed were the UN’s dismal failure to differentiate between peacekeeping and peace enforcement mandates, the severe problems posed by missions that were undermanned and underresourced, and the weaknesses and problems inherent in previous peace operation command structures. Once again, there was hope among some that key changes would be made at the UN, and that such changes would result in much more effective peace operations. Kosovo In 1999, almost as an acknowledgment of a guilty conscience concerning their failure to adequately protect Bosnia, the combined air forces of the United States, the United Kingdom, France, Germany, Italy, and the Netherlands, operating together as part of NATO, attacked Serbia with the intention of forcing the Serbs to stop their persecution of the ethnic Albanian population living in the Serbian province of Kosovo (Weymouth and Hening 2001). It was the first occasion in which a war was fought for the express purpose of stopping a genocide before its worst horrors took place. Under international law, however, the attack was illegal as it was neither called for nor approved by the United Nations. After a lengthy and intensive bombing campaign lasting three months, the Serbian regime of Slobodan Milosevic pulled its troops out of Kosovo. UN peacekeepers moved into the province, allowing the one million persecuted Kosovars, who had been expelled from the country in a huge outbreak of so-called “ethnic cleansing,” to return home. The NATO intervention in Kosovo is an example of how a potential genocide can be addressed early on if the international will to do so is present. Be that as it may, some were highly critical of the intervention due to the West’s delayed reaction. Joyce P. Kaufman (1999, p. 33) was one such critic: Despite the lessons of Bosnia, despite the clear indications that crisis was imminent, in the case of Kosovo, NATO still waited until armed conflict erupted before getting involved, and as was true with Bosnia, then reacted to the circumstances. Alliance leaders once again sought diplomatic and negotiated settlements before authorizing the use of force, holding out the threat of NATO military strikes should negotiations fail. But, as in the past, diplomatic initiatives continued long after
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it became apparent that they would come to naught, especially in the case of a leader like Slobodan Milosevic.
That was not the only focus of criticism aimed at those who carried out the intervention in Kosovo. Part of the criticism was a result of the extreme measures taken by the interveners to avoid sending in ground troops. That is, in March 1999, a decision was made by NATO to use air power—versus ground troops—in an attempt to halt Serb troops from carrying out violence (as well as ethnic cleansing) against the ethnic Albanian majority in Kosovo. The controversial NATO air attack lasted for seventy-eight days. As Alvarez (2001) notes, ironically and tragically, “the attacks incited the Serb leadership to speed up the policies of ethnic cleansing of Kosovar Albanians, resulting in wide-spread massacres and the uprooting and dislocation of the majority of the population” (pp. 139–140). Had NATO or UN troops been on the ground, they may have been able to prevent the Serbs from carrying out their policies. The Kosovo intervention was even more severely criticized, though, by those who viewed the intervention as illegal. Not only was there the issue of acting without the imprimatur of the UN, but many innocent people were also killed as a direct result of NATO air sorties. There was such anger in some quarters that threats were made by various parties to bring the United States and NATO up on charges of genocide. East Timor—An Anomaly? For many years, the international response to what was happening in East Timor was one of indifference. Indonesia’s neighbor, Australia, was especially keen not to antagonize the populous nation to its north, and was the first (and for a long time, only) country to recognize the de jure incorporation of East Timor into the body of Indonesia after the latter’s invasion of the tiny ex-Portuguese territory in 1975 (Aubrey 1998). United Nations resolutions calling on Indonesia to withdraw were ignored, and the United States, anxious lest a hard-line approach toward the annexation be seen by the Indonesians as a reason to look elsewhere for support—for example, to nonaligned nations—trod very softly on the whole issue (Gunn 1997). Only in 1999, after a long period of Indonesian oppression and the threat of another outbreak of genocidal violence (this time committed by Indonesian-backed militias and units of the Indonesian army), was East Timor freed. In 2002, the first parliament, elected by universal suffrage and guaranteed by the United Nations, allowed East Timor to take its place among the community of nations. But the resulting freedom did not come without a great deal of violence, followed by international intervention. In 1999, in a UN-sponsored referendum, the people of East Timor voted overwhelmingly for independence. Immediately following the election, the Indonesian military and pro-Indonesian militia gangs went
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on a rampage that resulted in the deaths of 1,500 people and massive destruction throughout the territory (e.g., about 70% of East Timor’s buildings were destroyed, telephone exchanges were wrecked, electrical lines ripped out, and farms burned to the ground). An estimated eight hundred thousand people were forced into militarycontrolled camps in Indonesian-controlled West Timor. Ultimately, the terror and killing drew international attention, and pressure was placed on the United Nations by various foreign ministries and human rights organizations to act. The killing and destruction only came to an end three weeks later once international peacekeepers (who were authorized by the UN Security Council to use “all necessary measures” against violent militias) intervened to halt the violence and place East Timor under United Nations rule on September 20, 1999. Notably, in the end, Indonesia voluntarily relinquished its claim to the territory. This came as a relief to the countries taking part in the intervention, for although the declared mission was to rescue civilians, “the unspoken premise was potentially explosive: the international community was effectively coming to the aid of a separatist movement in a sovereign nation” (King 1999, p. A9). Had the international community not intervened when it did, many more innocent victims would have been slaughtered—possibly in the tens of thousands or more. Some have claimed that the intervention in East Timor bodes well for the future in that it might prompt outside nations to be more proactive when crimes against humanity and/or potential genocide are on the horizon; indeed, some claim that the actions undertaken by Australia constitute a precedent that could have profound implications for the future. In this regard, Alan Ryan, a senior research fellow with Australian Army’s Land Warfare Studies Centre, argues that the way in which the intervention was conducted could serve as a model for similar interventions in the future. More specifically, he asserts that the speed with which the International Force East Timor (INTERFET) was deployed and the rapidity with which it was able to establish conditions of security in East Timor make this operation an excellent model for future ad hoc, complex, multinational deployments. In large part, the success of the operation was due to the troop-contributing nations’ acceptance of the imperfections inherent in such a disparate force. Operational responsibility was distributed according to the abilities of the forces assigned to the mission. The need for a robust command-and-control architecture was realized in the strong-lead-nation model that INTERFET adopted. Short-notice deployments of “coalitions of the willing” in the future will benefit from a consideration of the clear, simple, and unified command structure that characterized Operation Stablise in East Timor. (Ryan 2002, p. 23)
Others are not as sanguine. For example, James Cotton argues that the 1999 intervention in East Timor was an anomaly in the region, and for that reason the intervention is not an indication of a change of principle regarding the “sanctity” of non-interference in the region. More specifically, he states that
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The principle of non-interference is an integral part of the “Asian Way.” Countries of the region have doggedly opposed any suggestion that state sovereignty should be softened by a new doctrine of “humanitarian intervention.” The participation of some countries in the 1999 intervention in East Timor—an action sanctioned by the United Nations for specifically humanitarian purposes—was thus out of character. But this departure, far from reflecting a re-evaluation of doctrine, was a consequence of specific historical and political factors, most important of these was the fact that the UN had never accepted the Indonesian incorporation of the territory as legitimate. Once the United States adopted a more critical attitude, after Australia pressured Indonesia to test local opinion on East Timor’s future, the internationalization of the issue became inevitable. In the aftermath of the post-ballot militia violence, Indonesia’s uncertain transitional leadership could not resist calls for an intervention by peacekeepers. There are certainly lessons in the East Timor case for coalition operations and other interventions. But the actions of the Australia-led coalition do not indicate a wider regional acceptance of the norm of humanitarian intervention. (Cotton 2001, p. 127)
Again, as is often the case, time will tell which perspective is the more correct of the two. The “Brahimi Panel” On March 7, 2000, UN Secretary General Kofi Annan convened the Panel on United Nations Peace Operations “to undertake a thorough review of the United Nations peace and security activities, and to present a clear set of specific, concrete and practical recommendations to assist the United Nations in conducting such activities better in the future” (p. I).2 In the “Introduction” to the Report on the Panel of United Nations Operations, the authors commented as follows: Over the last decade, the United Nations has repeatedly failed to meet the challenge [of addressing complex peace operations], and it can do no better today. Without renewed commitment on the part of Member States, significant institutional change and increased financial support, the United Nations will not be capable of executing the critical peacekeeping and peace-building tasks that the Member States assign to it in coming months and years. . . . [W]hen the United Nations send[s] its forces to uphold the peace, they must be prepared to confront the lingering forces of war and violence, with the ability and determination to defeat them. . . . For preventive initiatives to succeed in reducing tension and averting conflict, the SecretaryGeneral needs clear, strong and sustained political support from Member States. Furthermore, as the United Nations has bitterly and repeatedly discovered over the last decade, no amount of good intentions can substitute for the fundamental ability to project credible force if complex peace-keeping, in particular, is to succeed. . . . Moreover, the changes that the Panel recommends will have no last-
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ing impact unless Member States summon the political will to support the United Nations politically, financially and operationally. (UN, 2000, p. i)
The Responsibility to Protect: Report of the International Commission on Intervention and State Sovereignty” (ICISS) In light of the international community’s abysmal record in halting crimes against humanity and genocide prior to the deaths of tens of thousands, if not millions, of people, various individuals and parties began exploring “the question of when, if ever, it is appropriate for states to take coercive—and, in particular, military—action, against another state for the purpose of protecting people at risk in that state (International Commission on Intervention and State Sovereignty 2001, p. 1). In early 2000, the International Commission on Intervention and State Sovereignty (ICISS) was asked by UN Secretary General Kofi Annan to address a wide range of questions (legal, moral, operational, and political) in regard to the issue of “the right of humanitarian intervention.” In 2001, the ICISS issued its report. Following a careful interpretation and analysis of the United Nations Charter, international law, and the sea-change in perspective vis-à-vis the sanctity of every person’s basic rights as a result of the human rights regime of the latter half of the twentieth century, the ICISS “reconceptualized” the concept of sovereignty to be understood as the responsibility of a state to protect its citizens. Concomitantly, the authors argued that when a state fails, for whatever reason, to protect all of its citizens from grave injustices and harm, the international community not only has the right but the responsibility to intervene for the express purpose of protecting the population at risk. Numerous reasons have been offered for the theoretical shift toward a so-called “norm of intervention,” including: the emergence of an ever-stronger worldwide human rights regime—and “changing international expectations regarding the responsibilities of states and of the international community for halting gross and systematic violations of human rights with grave humanitarian consequences” (Karns and Mingst 2001, 216); the end of the cold war, which allowed for interventions without the fear of causing a catastrophic, and, possibly, nuclear war; the ever-increasing interdependence of nations; various UN proposals, including Secretary General Boutros Boutros-Ghali’s Agenda for Peace and his Supplement to the Agenda for Peace; UN Secretary-General Kofi Annan’s call for the “development of international norms” to protect civilians from slaughter,” along with the UN Security Council’s support and legitimation of the Annan’s call (Wheeler 2002, p. 127); “the complete disregard for international humanitarian law by war criminals,” which incensed large portions of the international community (Weiss 2003 p. 84); the prevalent “use of foreign aid to fuel conflicts and war economies” and the backlash against such (Weiss 2003, p. 84); and “the protracted nature of many so-called emergencies” (Weiss 2003 p. 84).
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Some claim, though, that such a shift is not a result of recent events, but one that has been unfolding over the past hundred years or so. In this regard, Krasner and Froats (1998, pp. 227–228) argue that The view that developments [in the world] signal a fundamental change in how international relations are ordered in fact—rather than theory—is myopic both empirically and analytically. . . . Relations between ruler and ruled have been an enduring international concern. The principles of nonintervention and territoriality, which define the Westphalian model, have persistently been challenged by alternative principles such as universal human rights, toleration, and ethnic determination. Every major peace settlement of the modern period has addressed the fate of minorities, defined in terms of religious affiliation and later ethnic identity. With the end of the Cold War, minority rights have [“simply,” once] again become a focus of inter-national concern.
Nardin (2002, pp. 57–58), for one, goes even further in that he first observes and then asserts that Humanitarian intervention is usually discussed as an exception to the nonintervention principle. According to this principle, states are forbidden to exercise their authority, and certainly to use force, within the jurisdiction of other states. The principle finds firm support in the United Nations Charter, which permits a state to defend itself from attack but forbids the use of armed force against the territorial integrity or political independence of other states. Taken literally, these provisions prohibit armed intervention, including intervention to protect human rights. And in general, humanitarian intervention finds scant support in modern international law. There is, however, a much older tradition in which the use of force is justified not only in self-defense but to punish wrongs and protect the innocent. This tradition is in some tension with modern international law and especially with the UN Charter. It holds that armed intervention is permissible to enforce standards of civilized conduct when rulers violate these standards, and finds expression today in the widely held opinion that states, acting unilaterally or collectively, are justified in enforcing respect for human rights. It is this enduring tradition, not current international law, that best explains the moral basis of humanitarian intervention. [ . . . In] other words, humanitarian intervention is justified within a powerful reformulation of natural law worked out by philosophers influenced by Immanuel Kant. This post-Kantian version of natural law, which I follow Alan Donagan in calling ”common morality,” suggests why humanitarian intervention remains morally defensible despite modern efforts to make it illegal.
Be that as it may, Michael Ignatieff (2002) seemingly has it right when he asserts that “At this point, we are in a halfway house, no longer in the world of 1945, where sovereignty was clearly privileged over human rights, and yet nowhere near
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the world desired by human rights activists, in which sovereignty is conditional on being good international citizens. We are somewhere in between, negotiating the conflicts between state sovereignty and international human rights as they arise, case by case (p. 232). Not surprisingly, there are those (various scholars, government leaders, and personnel in intergovernmental organizations) who are adamantly against any type of change that challenges the Westphalian Treaty’s position on nonintervention. In fact, they vehemently question the legality of intervening in another state’s “internal affairs” (thus breaching its sovereignty), even in the face of mass killing. No matter how the current climate is described—be it a sudden shift, an ongoing shift (or, for that matter, legal or illegal, moral or immoral)—it is a given that most, if not all, interventions are bound to be contentious, and nothing in the short term is going to change that. Assuming the shift continues foward, the question, of course, is will anything radically change as a result of the shift; and, if so, what? What can be said is this: one possible major change, and it will be positive if the shift continues unabated, is that neither the United Nations nor individual states will have the excuse to not intervene in a major human rights crisis (including crimes against humanity and genocide) “because it is a matter of ‘internal affairs.’” Put another way, they will not be able to claim that “it’s solely the business of the country/state where the violations are being perpetrated.” That, in and of itself, is a quantum leap forward in the effort to make the prevention and intervention of genocide “ a given.” But, then again, the shift may not continue. Thus, as to what the ICISS’s recommendations will result in over the long haul is a truly question mark. Be that as it may, based on the current (2005–2006) “efforts” (fiasco might be a more apt word) to halt the crimes against humanity and genocide being perpetrated in Darfur, Sudan, the recommendations in the report have, seemingly, had little to no impact. The Twenty-first Century: Another Century of Genocide? The twenty-first century, and the new millennium, began inauspiciously. Various massacres, some of a potentially genocidal nature, continued to be perpetrated in the Congo and Uganda—and, again, little to nothing was done to halt such killing. Ongoing conflicts between the Hutus and Tutsis also continued to simmer and boil over in Burundi. And then, beginning in 2003, a violent crisis in Darfur, Sudan, began to degenerate into a genocide (2003–present). Yet again, the international community reacted in a typical and totally inadequate manner. Darfur The Arab and the black Africans of the Sudanese province of Darfur, all of whom are Muslim, lived decades on end, for the most part, in relative peace. Though much of Darfur is comprised of stark and forbidding desert, some areas have been
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cultivated. While these areas were primarily occupied by sedentary farmers and cattle owners who tended to be black Africans, at various times during each year the grazing areas were used by semi-nomadic Arabs for grazing their cattle and camels. The livestock, in turn, fertilized and renewed the soil for subsequent growing seasons. While local disputes between the two groups were not uncommon, they were generally resolved in a peaceful manner. This more or less stable relationship began to fray, however, in the 1970s, and in successive decades it disintegrated altogether as drought and desertification vastly increased competition for fewer and fewer natural resources. Over time, as weapons seeped, and then flooded, into Darfur from battles raging in the region (both in Chad and southern Sudan), the traditional methods of resolving disputes were generally overtaken by heavily armed self-defense groups and militias. At one and the same time, many black Africans grew increasingly agitated that not only were their needs being ignored by the Sudanese government, but that the Arab groups were being accorded rights, resources, and assistance that they were themselves being denied. Ultimately, out of sheer frustration with the government’s lack of attention to their needs, black African rebel groups began attacking Government of Sudan (GOS) facilities. In February 2003, the ever-increasing tension exploded into a heated and prolonged conflict when the GOS began carrying out a violent campaign purportedly against the two main rebel groups (the Sudan Liberation Army or SLA and the Justice and Equality Movement or JEM) as a result of the latter’s attacks on government facilities. In retaliation against the rebel groups, the GOS and the Janjaweed (Arab militia) not only engaged in battles with the rebel groups, but carried out a scorched earth policy against civilians (primarily members of the Massalit, Fur, and Zaghawa tribal groups) that share the same ethnicity as the rebel groups. In so doing, the GOS and the Janjaweed burned down hundreds of villages, carried out ethnic cleansing (in which over two million people were driven from their homes), and committed mass rapes, mass killings, and, according to the United States government, many scholars, and human rights activists, genocide. Estimates of those who have been killed and/or died from injuries, illnesses, and/or starvation range from 180,000 to over 400,000. Based on a careful examination of mortality rates in Darfur, various scholars and human rights organizations believe the larger number is the more accurate of the two. Beginning in December 2003, various nations (including the United States Agency for International Aid and Development (USAID)), nongovernmental organizations (e.g., Human Rights Watch), and international agencies (including those of the United Nations) began focusing attention on the situation in Darfur and calling for a halt to the ongoing killing and mass rape of the black African civilians. Following a U.S. State Department-sponsored investigation (the Darfur Atrocities Documentation Project (ADP)) in Chad in July and August 2004, U.S. Secretary of
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State Colin Powell declared, on September 9, 2004, that genocide had been (and possibly continued to be) perpetrated in Darfur. At the same time, Powell called on the international community to act to stanch the killing. Subsequently, the United Nations conducted its own investigation, the Commission of Inquiry (COI), and upon the conclusion of its field-based study (in Darfur, Khartoum, Chad, and adjacent areas), the UN declared that crimes against humanity had definitely been committed by the GOS and Janjaweed, but it could not, at the time, declare that genocide had been committed. In the months following the ADP’s and COI’s findings, the international community and individual nations supported a Chapter VI intervention in Darfur by the African Union (AU). The AU’s mandate was one of peacekeeping rather than peace enforcement, meaning that AU troops could not engage GOS troops and Janjaweed in battle if they caught the latter attacking civilians in their villages or in internally displaced persons’ camps. And while the UN, NATO, and numerous individual nations (e.g., including Canada, the United States, and the United Kingdom) provided transport and key supplies for AU troops (and hundreds of millions of dollars for humanitarian support of the victim population), not a single nation outside of Africa volunteered to send troops. The reason for the latter was two-fold: most nations did not want to become embroiled in the violent conflict, and the AU insisted that the situation be dealt with solely by African troops. Throughout 2005, the violence in Darfur flowed and ebbed, but then exploded again in October 2005 and continued on into 2006. Issues of Prevention: Complexities and Possibilities Preventing genocide is politically complex and involves, contingent on the situation on the ground, a host of possible decisions, actions and reactions—none of which guarantee ultimate success. It is true, of course, that until a situation degenerates, or explodes, into genocide, no one truly knows whether a conflict, ethnic warfare, or series of massacres will actually result in genocide or not. Concomitantly, if a genocide is avoided as a result of various decisions and actions by the international community or some other entity, no one can definitively say that the latter actually prevented genocide for no one can know, positively, whether the situation on the ground would have resulted in a genocide. Thus are the complexities and paradoxes of genocide prevention. Be that as it may, knowledge about the causes of genocide is a prerequisite to prevention. Fortunately, over the past thirty years or so a great amount of effort has gone into developing theories and conducting research into the various causes—and, more accurately, the combination of causes—of genocide (extreme ideology and/or ideological differences; authoritarianism; extreme nationalism; ever-increasing ethnic tensions; extreme ethnocentrism; ethnically divided, or “plural societies”;
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“social fragmentation” (Smith 1998); groups treated as inferior and as “others” and thus not only discriminated against but utterly disenfrancished; extreme scarcity of resources and competition for such; “direct conflict over resources” (Smith 1998); and “horizontal inequalities”). Such research continues to be conducted by many in a wide array of disciplines and fields. Be that as it may, much work has yet to be done. As in all serious scholarly endeavors, earlier findings, conclusions, and recommendations are, if not built upon, often revised, refined, and honed as new research is carried out. And, as the research becomes more sophisticated, it becomes more nuanced in its findings. A case in point is the following observation by UN Secretary General Kofi Annan (1999): “. . . most researchers agree that it is useful to distinguish ‘structural’ or long-term factors, which make violent conflict more likely, from ‘triggers,’ which actually ignite it. The structural factors all have to do with social and economic policy, and the way that societies govern themselves” (p. 47). Continuing, Annan (1999, p. 51) comments on a major UN report that suggests that simple inequality between rich and poor is not enough [as some once thought] to cause violent conflict. What is highly explosive is what the authors of the study call “horizontal” inequality: when power and resources are unequally distributed between groups that are also differentiated in other ways—for instance by race, religion or language. So-called “ethnic” conflicts occur between groups which are distinct in one or more of these ways when one of them feels it is being discriminated against, or another enjoys privileges which it fears to lose. . . . As resources get scarcer, competition for them gets fiercer, and elites use their power to retain them at everyone else’s expense. And when economic decline is prolonged—especially when it starts from an already low base—the result can be a steady degeneration of the State’s capacity to govern, until the point where it can no longer maintain public order.
Scholars and practitioners have also developed a strong theoretical base vis-àvis the prevention of genocide (Adelman 1999; Charny 1982; Crocker, Hampson, and Aall 2001; Davies and Gurr 1998; Freeman 1999; Hirsch 1999; Nafziger and Väyrynen 2002; Rupesinghe 1992; van Walraven 1998). Be that as it may, all of this work (the research, theory, and practical applications of such) is still, in its totality, at an incipient stage. Indeed, that is true in regard to ascertaining and then addressing critical systemic issues in the most efficacious manner possible, developing and implementing fully operational and highly effective genocide early warning systems, developing the most effective means of carrying out “preventive diplomacy,” ascertaining the most effective means vis-à-vis the implementation of sanctions, et al.3 Knowledge of the critical need to address such concerns is, of course, altogether different from acting on such knowledge. And while hundreds of nongovernmental organizations (NGOs), along with various arms and branches of the United Nations
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and other intergovernmental organizations (IGOs), are working on a bewilderingly number of fronts and issues germane to the amelioration of “want” and/or the prevention of violent conflict, relatively little attention has focused on how such research, theories and strategies can be fully and effectively integrated for the express purpose of devising the means to prevent genocide. Instead, as previously noted, many, if not most, efforts at genocide prevention have been undertaken in piecemeal fashion and are disconnected from other research efforts, programs and strategies that could possibly, in tandem, strengthen the overall effort vis-à-vis genocide prevention. What the international community seems to grasp intellectually, but has largely failed to act on, is that to prevent genocide prophylactic action must begin as soon as a specific group is in some way ostracized, treated as “other,” and/or “targeted” in any number of ways. That is, ameliorative action must be taken before the conflict or crisis results in violence, for by the time violence breaks out and help is on the way, many hundreds, if not thousands or tens of thousands and more, may already be dead as a result of a massacre, a series of massacres, and/or genocide. In other words, to wait until the targeted group is attacked violently and/or threatened with expulsion, if not death, constitutes a dangerous “waiting game.” Unfortunately, despite many lessons learned due to catastrophic errors, the United Nations, other intergovernmental organizations, individual nations, and many NGOs (including many human rights organizations), as well as those genocide scholars who consider themselves, either to a lesser or greater extent, activists, are more reactive than pro-active in their efforts to halt genocide. And that must change. The Ineffectiveness of the International Community in Detecting Genocide Undoubtedly, there is a plethora of reasons why the international community is less effective than it could and should be in preventing genocide. Some of the more significant ones shall be noted and commented herein. Genocide Detection Genocide detection (e.g., early warning) is still far from being a precise science. Indeed, in light of the plethora of violent conflict in the world, it is no small task to keep a hand on the pulse of such conflicts in order to ascertain the likelihood or possibility that they are going to erupt in genocide. Many, however, have argued that in the information age it should be fairly easy to detect a potentially explosive/genocidal situation in the making. Some assert that with twenty-four hour news coverage by such outlets as CNN, along with the daily coverage of world news by major newspapers and the Internet, there is absolutely no excuse for not ascertaining when a crisis is degenerating into genocide. Furthermore, it has been argued, that the hundreds of nongovernmental humanitarian
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organizations that operate across the globe constitute an unofficial and quasi early warning system. None of the aforementioned news sources, though, have the mandate, let alone the desire or the means, to monitor, month-in and month-out, the day-to-day statements, decisions, actions, and reactions of human rights violators in order to ascertain the evolution of such actions, let alone, to ascertain, even if it were possible, the ultimate intentions of key actors. Indeed, time and again, the media—due, in part, to the way it gathers information—have misinterpreted and misjudged actions that have ultimately resulted in mass slaughter. In fact, conflicting reports of the same situation by different media sources, humanitarian groups, and/or government officials have often confused the issue. The 1994 Rwanda genocide presents a classic example of the aforementioned situation. In The Limits of Humanitarian Intervention: Genocide in Rwanda, Alan J. Kuperman (2001, pp. 26–27) reports that Starting on April 11, just four days into the violence, news reports indicated that fighting in Rwanda had “diminished in intensity.” Three days later it was reported that “a strange calm reigns in downtown” Kigali. . . . The commander of Belgian peacekeeping in Rwanda confirmed: “The fighting has died down somewhat, one could say that it has all but stopped.” As late as April 17, UNAMIR commander Dallaire told the BBC that except for an isolated pocket in the north, “the rest of the line is essentially quite quiet.” Only on April 18 did a Belgian radio station question this consensus, explaining that the decline in reports of violence was because “most foreigners have left, including journalists.” The exodus of reporters was so extreme that it virtually halted Western press coverage. . . . For example, Frances’s Le Monde went silent for four days and Britain’s Guardian for seven. Ironically, this was just as the killing peaked and spread to Rwanda’s final two prefectures. Three days into the killing, on April 10, the New York Times quoted an estimate of 8,000 dead in Kigali by the French humanitarian group Médecins San Frontières and “tens of thousands” by the International Committee of the Red Cross (ICRC). Three days later, the RPF [Rwandan Patriotic Front] offered its own estimate that “more than 20,000” were dead in Kigali. However, during the second week, media estimates did not rise at all and so failed to approach levels that commonly would be considered “genocidal” for a country of 8 million people that included 650,000 Tutsi. . . . Death tolls of 20,000 are not uncommon in civil wars and generally are not considered genocidal. In order to make a determination of genocide in a specific case, one has to examine the details of the violence including whether the victims were noncombatants, were killed deliberately (rather than in crossfire), were members of a single group defined by ascriptive characteristics, and were being targeted exclusively because of their identity rather than for suspected actions such as supporting government rebels. In the absence of such details, only a high death estimate would suggest the possibility of genocide. Accordingly, given the
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early confusion about the nature of the violence in Rwanda, a death toll of 20,000 during the first week did not seem to indicate the occurrence of genocide.
Variations of the above situation have been “played out” time and again throughout the last century when massacres have been perpetrated. On a different but related note, when a major crisis hits a region, television news teams flock to the area to cover the events, but as soon as the events are no longer “newsworthy” or a crisis hits another part of the world, the teams are often en route elsewhere. As a result, television news networks are not in a position to gauge whether a situation is moving toward genocide. Newspaper coverage of major conflicts is not as “flighty” as television coverage, but even major newspapers’ intensive coverage of an area has proved inadequate in detecting early signals that genocide is on the horizon. Although field personnel with NGOs are often privy, if not outright witnesses, to major human rights infractions, it is not their job or within the realm of their expertise to track human right violations or other types of conflict for the purpose of ascertaining whether a potential genocide is looming. NGO personnel dealing with famines, the care of refugees, and other major crises, already have their hands full, often working in far-flung areas under chaotic and dangerous conditions. Thus, while such individuals and groups can, when possible, provide critical information regarding major human rights infractions, their efforts are, at best, fragmentary and often sporadic. That said, in various cases where the press and various NGOs provided fragmented information about incidents of cataclysmic violence that eventuated in genocide, it would have proved invaluable had the reports been conscientiously followed up on and fully investigated by the UN and/or independent governments. The reality, though, is that many individuals in the UN and independent governments have cavalierly disregarded or outright dismissed such reports. Here again, Rwanda provides a classic example. In her hard-hitting book A People Betrayed: The Role of the West in Rwanda’s Genocide, Linda Melvern (2000, pp. 55–56), an investigative journalist, reports the following: In the years immediately before the 1994 genocide . . . human rights groups [were] gathering information and becoming increasingly active in Rwanda. They reported extensively on the Bagogwe massacres in January 1991 and the February 1992 massacre at Bugesera, describing the involvement of military and local government officials. In some communities Tutsi had been repeatedly attacked and the military had distributed arms to civilians who supported [President] Habyarimana. . . . So bad did the situation in Rwanda become that, in January 1993, a group of international human rights experts from ten countries collected testimony from hundreds of people, interviewed witnesses and the families of victims, and reviewed numerous official documents. In March 1993 a report was published revealing that in the previous two years those who held power in Rwanda had
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organized the killing of a total of 2,000 of its people, all Tutsi, singly, or in small or large groups . . . The word genocide was not used in the report, being considered too highly charged by some of the group’s authors, but a press release distributed with the report carried the head line: “Genocide and War Crimes in Rwanda.” . . . There was little international concern when the human rights report came out (italics added). Only the Belgian government recalled its ambassador from Kigali for consultations, and the Rwandese ambassador in Brussels was told that Belgium would reconsider its economic and military aid unless steps were taken to rectify the situation. The French ambassador dismissed the massacres as rumors.
A complicating factor in some, if not many, pre-genocidal situations, is that certain warnings may come from unknown parties, and thus it is difficult to ascertain their validity. One such case occurred during the period of the Holocaust. More specifically, as Pauline Jelinek (2001) writes in her article “File: Allies Tipped Off to Genocide in Early ’42,” it is now believed that “The West may have been informed about Nazi Germany’s plans for the Holocaust months earlier than previously thought. ‘It has been decided to eradicate all the Jews,’ says a newly declassified document believed to have been obtained by British and American intelligence by March 1942. Previously, historians have judged that the West didn’t learn until August 1942 that the Holocaust was happening” (p. 4). As to why the British and U.S. governments did nothing in response to such news, Holocaust historian Richard Breitman answered with a question: “Why would any British or American official pay particular attention to the views of an unknown Chilean diplomat in Prague?” (quoted in Jelinek 2001, p. 4). It is also true that when warning after warning of a pending genocide is reported over a period of months (and even years), those on the receiving end tend to dismiss them. Once again, the 1994 Rwandan genocide offers an instructive example. A U.S. government official, Colonel Tony Marley, the U.S. State Department’s political-military advisor in the region, asserted that “‘We had heard them cry wolf so many times’ that the new warnings fell on deaf ears” (quoted in Kuperman 2001, p. 105). Finally, intelligence gathering and analysis is not as strong as it could or should be when racial, religious, national, political, and ethnic strife is taking place. In some cases, early warning signals are either missed entirely or not pieced together in order to demonstrate that there is a pattern indicating the likelihood of genocide. Then there is the problem where one intelligence body neglects, for whatever reason, to share its intelligence with other parties (including the United Nations). A Lack of a Sophisticated Genocide Early Warning System As previously mentioned, no entity has totally implemented a sophisticated and highly effective genocide early warning system. While many early warning sys-
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tems have been developed—including those that track weather patterns in order to detect hurricanes or tornadoes, the potential for drought, and/or the possibility of famine, and/or detecting various types of violent conflict—no single early warning system has been established whose express purpose is tracking each and every conflict simmering across the globe in order to detect the earliest signs of a potential genocide in the making. (An equally great problem, of course, is that even if such an early warning system were operating, there would still need to be the political will by an entity to address the looming crisis in the most effective manner possible in order to prevent it from spiraling into a genocidal conflict. And the latter, in more cases than not, is generally what is missing in the calculus of both genocide prevention and intervention efforts. A related problem which looms even larger is that of realpolitik.) It is, of course, far easier to detect a genocide under way versus those situations that have the potential for degenerating into genocide; it is also a fact that not all extrajudicial killings or massacres of innocent victims eventually culminate in genocide. Other Major Issues That Prevent Effective Prevention The numerous conflicts plaguing the world make it extremely difficult for those involved in preventive measures (e.g., individuals and organizations involved in such efforts as conflict resolution, preventive diplomacy, mediation, preventive peace building, and peacekeeping) to cover the globe in an effective manner. Even where preventive efforts are under way, a great number are not as effective as they could be—and that is due to various reasons. One of the more perspicacious statements of late vis-à-vis the problematic nature of genocide prevention efforts was issued by Stephen Steadman (1998, pp. 67–68), a senior research scholar at CISAC at Stanford University: The single largest error in the conflict prevention literature is the tendency of scholars to analyze conflict as something divorced from its antagonists. Metaphors of prevention suggest that conflict is something mechanical, as opposed to something relational among human beings. To give one example, one author proposes a tool-box for practitioners of prevention, suggesting that preventing violent conflict is akin to fixing a leaky faucet. Another study treats conflict as similar to disease, as if preventing a civil war from erupting is like preventing a cholera epidemic. These metaphors, and hence the analyses that flow from them, profoundly mislead about what conflict prevention is and how it can be accomplished. Because they deny agency to the actors who are in conflict and who decide whether and how to use violence to pursue their goals, such analyses tend to create an illusion of ease about conflict prevention. Properly understood, conflict prevention is about convincing human beings who strategically calculate how to achieve their goals and who may possess incommensurable worldviews that their interests can be and
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should be pursued while refraining from violence. Because analysts of prevention fail to ascribe agency to the human beings involved in conflict, they are usually stridently confident about the correctness of their recommendations. . . . Many who have studied preventive action have engaged in cheerleading rather than the tough-minded assessment that might have strengthened practice. We have tool kits and studies of missed opportunities, but few works that provide accurate diagnoses of different kinds of conflict situations and actors, specify alternative strategies of prevention and link the two in ways that could inform policymaking. We have myriad works on early warning, but little understanding of the organizational blinders that lead to missed information, incorrect diagnosis, and failed prevention. Between 1994 and 1998 there were few successes of conflict prevention in the real world. The world had ample early warning of potential large-scale violence in places like Kosovo and Congo, prompting pundits to fault a lack of international will as the key missing factor in successful prevention. But in their exhortation to act, those same pundits ignore a key intermediate step: recommending a strategy of prevention and clearly specifying what actions by outsiders will persuade all sides in a conflict from refraining from the use of violence, while at the same time convincing them to pursue necessary societal, political, economic, and cultural changes that address the grievances of people, leaders and organizations who are in conflict.
The Cost of Prevention Versus the Lack of Prevention Not only is the prevention of genocide complex and difficult, but it is also costly; costly, for example, in terms of “political capital” spent on such efforts; the hours consumed in diplomatic efforts; the many and varied effects of the imposition of sanctions (if and when they are used); and the costs incurred in developing and implementing, for example, conflict resolution, mediation, and other types of programs whose express purpose is to ameliorate conflict and prevent violence. The lack of prevention, though, is much more costly than undertaking preventive measures. First, and foremost, of course, are the innocent lives engulfed in the maw of genocide. Among other costs are: the dangers posed to the international community by such violence (e.g., the violence seeping across the borders of countries and igniting conflict in adjacent states, if not the region); the costs in humanitarian resources resulting from refugee flows into neighboring states (including manpower; hours consumed; transport and the servicing of such; providing water, food, shelter, and medical care for the survivors of the victim population as well as aid personnel; establishing a humanitarian aid infrastructure; providing necessary security; et al.); the tremendous expense of carrying out major interventions (the dangers to and the “costs” of the interveners’ lives; manpower; transport; weapons systems; and infrastructure); and the danger of residue hatred (if not, the desire for retribution) felt by the remnant of survivors (which has, in the past, ignited new conflicts and genocidal actions years after the initial genocide).
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The point is the use of funds to attempt to solve major complex systemic issues, social problems and crises, which may contain potential seeds of genocide, is not only wise but far less costly than attempting to address them once violence has broken out. Once violence breaks out, the international community must not only deal with stanching the killing but then face the grueling, time-consuming and immensely costly task of rebuilding a failed state riven with even more problems, including the remnant of highly dangerous cleavages amongst and between the various members of the state. Successful efforts of prevention, then, negate, at least to a large extent, the need for intervention—which is often controversial, late in coming, and horrifically tragic for many. But when the opportunity to prevent genocide is, for whatever reason(s), missed then it is time to conduct, as quickly and effectively as possible, an intervention. Intervention The complexities, difficulties, and costs of interventions are many, and no doubt that is why, at least in part, most have not been as effective as they could or should have been. Maley (2002), associate professor of politics at the University of New South Wales Australian Defence Force Academy, delineated twelve theses that he asserts may adversely impact the success of external military interventions (whether authorized by the UN Security Council or not), and they are worthy of consideration for while not all twelve were evident in each and every humanitarian intervention undertaken between the late 1980s and the early 2000s, one, or more was evident. I. Interventions will more readily and rapidly address symptoms than underlying causes of political disorder; II. Interventions will have significant, and quite possibly unintended, effects on the value to particular individuals of positional and distributional goods; III. Intervention will bring a range of new actors to the political landscape; IV. Interventions may foster warlordism; V. Some new actors may be intent on settling old scores; VI. Interventions will be merely the starting points in complex processes of change; VII. Intervening forces will find it difficult to confront problems of political culture, elite structure, institutional design and institutionalization; VIII. Post-intervention peace processes may be faced with serious “spoiler” problems, with vulnerable civilians on occasion the principal targets; IX. Interventions may have significant potential impact on trust, social capital and the character of society, but it is difficult to produce positive effects directly;
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X. Progress towards a civil economy will be difficult if the intervening powers perversely distort local incentive structures, create an unaccountable ‘rentier state’ or inadvertently provide space for criminality to flourish; XI. Interventions may end up being under-resourced; and XII. A coalition of intervening powers may fragment over some of these issues (Maley 2002, pp. 266–274). On a different note, time and again in the aftermath of a genocide when nothing was done to halt it, commentators asserted that such inaction was due to a “lack of political will.” The charge has become so common that it verges on cliché. Be that as it may, in many cases the inaction by individual states, regional organizations, and/or the United Nations was, at least in part, due to a lack of political will. The lack of will basically came down to one factor: governmental leaders were unwilling to incur the potential political costs by supporting, contributing to, and/or taking part in an intervention. Part and parcel of the latter was that governmental officials were unsure if their constituents would support deploying troops to a conflict that had no direct or obvious bearing on their own country’s welfare. Fearing blame, many leaders were also averse to deploying their troops where the latter might suffer injury and death. Governmental leaders were also unwilling to incur the monetary costs in leading or supporting an intervention. In the case of third world nations, many simply did not have the wherewithal to incur such costs. Speaking about the lack of political will by the international community during the 1994 Rwandan genocide and the danger such a lack of will results in, Orth (1997, pp. 95–96) comments as follows: International actors lacked the will to support their diplomatic efforts with military power when it was needed most. This impacts on the international community’s credibility and ability to prevent conflict. A basic political science tenet is the ability to use power to impose one’s will on another for a desired effect. Unfortunately, the international community did not understand that a vital component of successful preventive diplomacy is the willingness to threaten to use military power or its actual use when all else fails. In the Rwandan case that vital component was missing.
Also addressing the issue of a lack of political will, Jentleson (2000b, p. 24), professor of public policy and political science at Duke University, asserts that Almost every study of conflict prevention concludes that when all is said and done, the main obstacle is the lack of political will. As an explanatory statement this is largely true. The United States and other governments have not acted because they have not had the political will to do so. If the domestic constraints that make this so are unchangeable and fixed, then that would be the end of the story. Prevention would continue to be sporadic and mostly too little, too late. There is reason to
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argue, though, that the domestic constraints are not necessarily all that fixed, that they have greater malleability than typically presumed.
This issue will be addressed in more detail later herein. Political will, however, is not the only reason why states, regional organizations, and/or the United Nations are tentative, at best, and unwilling, at worst, to intervene to halt a genocide. While lack of action may appear to be a case of political will, it may, in fact, be due to bureaucratic inertia, realpolitik, or indecisiveness in regard to whether the crisis is either slouching toward or has already degenerated into genocide. (The latter situation, though, raises another issue altogether: Why is there the ostensible “need” to wait to act until a situation is deemed to be a case of genocide? Isn’t a case of crimes against humanity horrific enough? And shouldn’t the latter be the “trigger” for action? Ironically, and unconscionably, the concept and term of “genocide” has become so sacrosanct that governmental leaders and others now ostensibly use it as a shield not to act—that is, if a situation is not deemed genocide then many leaders, both at the UN and individual state level, feel they can ignore the situation and not be blamed for doing so.) Mayhall (1996) and Barnett (2002) assert that a major weakness of the so-called “new interventionism” is bureaucratic inertia, and that it is a direct result of the UN peacekeeping bureaucracy’s make-up. Such inertia, they argue, constitutes a classic example where the right hand doesn’t know what the left hand is doing and vice versa. This is equally true, they argue, whether the miscommunication and/or lack of communication is between the UN Secretary General and the Security Council, the UN Secretary General and various department’s within the UN, or UN headquarters and the commanders of its field operations/missions. Finally, there is the issue of realpolitik, which plays a huge key role in regard to whether a nation intervenes or not. Concomitantly, it directly impacts who decides to intervene when (if, in fact, they do), where, why, and to what extent. Indeed, the tentativeness to intervene, the slowness to carry out an intervention, the lack of support for specific interventions, and the weak mandates provided for various interventions have all been impacted, in one way or another, by realpolitik. The same is true in regard to the outright refusal to intervene or to support an intervention. In this regard, Sadkovich (1996) argues that “The United Nations and other international and regional organizations act to contain and manage, not end or resolve, such phenomena as aggression and genocide [,and] the proponents of state sovereignty and realpolitik rule the day” (p. 283). Continuing, Sadkovich (1996, p. 294) asserts that The years [1991–1995] may have marked the victory of the proponents of state sovereignty and the practitioners of bureaucratic barbarism and power politics over the advocates of individual and collective rights, [ . . . but] there has been a tendency to reassert the realpolitik of the nineteenth century without the humanistic principle of the period. So foreign policies are now less “hypocritical” in that the
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naked self-interest of states is repeatedly invoked to justify action or inaction, but elites have become morally insensitive. Governments will not intervene to stop aggression or genocide so long as doing so presents any risk of serious conflict.
The words of various government leaders in response to genocidal crises perpetrated over the past 30 years provide abundant evidence of realpolitik at work. Two “classic” examples follow. Speaking of the crisis in Bosnia in the early 1990s, U.S. Secretary of State James Baker cavalierly stated that the United States did not “have a dog in [that] fight,” thus dismissing his underlings’ urgent messages vis-à-vis the ongoing ethnic cleaning and mass murder faced by the non-Serb Bosnians (Power 2000, p. 267). Later, in July 1993, when a reporter asked then U.S. Secretary of State Warren Christopher what the United States could do to stop what appeared to be the imminent demise of Sarajevo, he replied “It’s the world’s most difficult diplomatic problem I believe. It defies any simple solution. The United States is doing all that it can consistent within our national interest” (Power 2002, p. 310). Power (2002) makes the trenchant observation that “Christopher was a veteran of [U.S. President Jimmy] Carter’s foreign policy team that had helped introduce the rhetoric of human rights in foreign policy. But here only national interests, narrowly defined, would count, and Bosnia was not one. . . . The following day, the Bosnian Serbs fired 3,777 shells into Sarajevo in a sixteen-hour period, one of the highest counts ever recorded” (p. 310). Even when intervention is undertaken, it is often, as previously mentioned, a case of “too little, too late.” Integrally connected to the issue of “too little” is the issue of mission mandates. In one case after another (though certainly not all), the mandates of many relatively recent missions to ostensibly prevent bloodshed, massacres, and genocide have been totally inadequate. That is, various missions have either been given a Chapter VI or peacekeeping mandate that does not allow a mission to aggressively halt the violent and illegal actions of the perpetrators, or the mandate has been a “soft” Chapter VII mandate that does not allow for a mission to use all means necessary to halt the murderous actions of the perpetrators. To a large extent the latter is due to either realpolitik, political will or a deadly combination of the two. The UN missions in Rwanda (1994) and Srebrenica (1995), and the current African Union Mission in Darfur, Sudan serve as classic examples of the latter. There are numerous degrees and stages of intervention available prior to outright military intervention that need to be considered and/or used early on, e.g., the threat and/or implementation of sanctions, information intervention, coercive inducement, the establishment of “safe havens,” peacekeeping, and peace enforcement. When “preventive diplomacy”4 fails, one of the first lines of intervention often considered is that of sanctions. There is a wide variety of sanctions available for use, and among these are: diplomatic sanctions; arms embargoes; flight bans; travel bans; economic (e.g., freezing of financial assets, prohibition of financial transactions, trade bans, oil embargoes, bans on transshipment of strategic goods through the targeted nation); and bans on sporting and cultural events. The imposition of
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sanctions also includes a broad set of possibilities: unilateral, bilateral, regional, bargaining, comprehensive, coercive, incremental versus rapid imposition, targeted or smart sanctions, and a stick and carrot approach (the imposition of negative sanctions followed by positive incentives). The imposition of sanctions is often controversial. Three of the major reasons for such controversy are: (1) sanctions often do not result in the desired effect (e.g., a halt in the killing or ethnic cleansing and/or the failure to bring a perpetrators’ economy to a standstill); (2) sanctions often result in unintended consequences (e.g., they often penalize—in extremely severe and harmful ways—the nation’s general population more than the leaders of the government they are aimed at); and (3) they can, if implemented poorly, inadvertently enrich the very governmental leaders the sanctions are aimed at coercing. Over the past decade and a half (1990–2006), the threat and/or imposition of sanctions have had varying degrees of success. For example, while the sanctions imposed on Yugoslavia during the 1990s met with partial success, the sanctions against Rwanda in 1994 were a dismal failure. The latter was due in part to the fact that the sanctions were both extremely limited and poorly enforced. And as for the threat of sanctions against the Government of Sudan throughout 2004 and 2006 in response to its and the Janjaweed’s attacks on the black African population of Darfur, the threats did little to nothing to stanch the killing. (For a detailed and insightful examination of the imposition of sanctions in the post-Cold War period, see The Sanctions Decade: Assessing UN Strategies in the 1990s by David Cortright and George A. Lopez. Boulder, CO: Lynne Rienner Publishers, 2000.) Information intervention can be applied prior to, during, and following humanitarian intervention that involves force. Such intervention involves various actions: blocking or scrambling propagandistic and/or hate-filled messages (prior to and during military intervention), broadcasting of counter messages (prior to and during military intervention), full-scale bombardment of television and radio stations (during military intervention), the confiscation of transmitters (during military intervention), and the establishment of new laws and regulatory regime (following the conclusion of a military intervention) (Price and Thompson 2002).
Humanitarian intervention runs the gamut from coercive inducement to various types of “peace operations” (peacemaking, peacekeeping, and peace enforcement). Each task is unique and it is critical that the component used is appropriate to the task for which it is most applicable. In other words, to place a peacekeeping operation in an-all out war or genocide zone is not only nonsensical but is bound to lead to disastrous consequences, as the world saw only too clearly during the 1994 Rwandan genocide and throughout the 1990’s in the former Yugoslavia. UN Secretary General Kofi Annan coined the term “coercive inducement” when he was under-secretary general for peacekeeping. It is a form of coercive diplomacy that involves the deployment and demonstration of military power versus the actual use of the power. In other words, it constitutes a warning that force could be used if
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the belligerent does not heed the demands of the international community to cease and desist from its abhorrent and illegal actions. As Daniel, Hayes, and Oudraat (1999, pp. 22, 23) state, The coercive side of coercive diplomacy is usually effectuated through the transmittal of latent or explicit military threats, the deployment or massing of forces, their peaceful displays of capabilities and demonstrative resorts to violence. Their diplomatic leverage is a function of their credibility, of whether they are physically up to the task of intimidation and whether political leaders are committed to employing them violently if necessary. . . . Military efficiency would take second place to politio-diplomatic concerns, the most important of which is not military victory but change in the target state’s . . . behavior. . . . [W]ithout any prior formal agreement among competing parties, a coercive inducement force could be employed as part of an international response to a manmade catastrophe such as when innocent civilians are being slaughtered in the midst of an ethnic or civil conflict (the events in Rwanda [1994] being a worst-case example in this regard). The underlying purpose of all coercive inducement, as with peacekeeping, would not be to unduly favor the victory or defeat of one or another of the competing groups (as might be a nation’s purpose when engaging in coercive diplomacy in general) but rather to help contain the crisis, to keep it from getting worse so that peacekeepers and peacemakers can work with the conflict parties to help makes things better. In the area of crisis those would usually involve providing a secure environment and often basic services to needy locals. Even when highly capable and endowed with Chapter VII authority to employ “all necessary means,” the longterm underlying presence of an inducement force is to be more reactive than initiatory, [and whose charge is to] employ when possible essentially defensive measures . . . and use focused violence such as striking only at specific weapons causing death or injury.
While Daniel, Hayes, and Oudraat do a decent job of describing coercive inducement/diplomacy, their suggestion that it would likely have been beneficial during the 1994 Rwandan genocide is not a little bewildering. Indeed, based on the accounts of the efforts of UNAMIR, it seems as if only an all out peace enforcement effort would have been able to reign in the génocidaires. Numerous times over the past decade and a half, both individual nations and the United Nations have opted to “do something,” no matter how ineffective that “something” might be. Indeed, all that ostensibly mattered was that there was the appearance of concern and/or action. I refer to such a situation as the “mirage effect,” a situation that offers a false hope and nothing more. Such half-hearted actions can, and have had, deleterious results. Weiss’ (1993, p. 7) trenchant commentary on the West’s and the United Nation’s tentative, and often disastrous, interventions in various crisis-situations in the early 1990s, particularly in the former Yugoslavia, underscores the above point:
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Incremental measures under the United Nations auspices paradoxically fostered Serbia’s genocidal war aims. Given their traditional constraints and operating procedures, UN soldiers were not strong enough to deter the Serbs. But they deterred the international community from more assertive intervention because the troops, along with aid workers, were vulnerable targets. While assistance to refugees saved lives, it also helped foster ethnic cleansing by stimulating movement of unwanted populations. Air-drops of food made it seem as if people counted; while massive and unspeakable human rights abuse and war crimes continued unabated [italics added]. Inadequate military and humanitarian action, combined with half-hearted sanctions and a negotiating charade, thus constituted a powerful diversion. They collectively impeded more vigorous Western diplomatic and military pressure or lifting the arms embargo for Muslims to help level the killing fields.
Dayton Maxwell, a retired U.S. senior Foreign Service officer for the Agency for International Development (USAID), argues that by failing to examine the mid- to long-term effects of pursuing short-term politically acceptable solutions in countries immersed in conflict, “better options may be discarded. The willingness on the part of the international community to spend billions of dollars over the last few years in relief and minimal security protection for relief efforts has led to the use of the term ‘fig leaf.’ Providing relief hides the fact that more vigorous actions and greater risks are required to bring a conflict to a close” (Maxwell 1998, p. 179). Over the past fifteen years or so, interveners have established a wide array of so-called safe locations, including “safe havens” (e.g., in northern Iraq in 1991 to protect the Kurdish population from the ongoing attacks by Iraqi forces) and “safe areas” in the former Yugoslavia (e.g., Srebrenica, Sarajevo, Tuzla, Zepa, Gorazde, and Bihac). “Safe areas” are useful and can work, but only when they are well protected by an adequate number of troops that have a mandate that allows them to use “all necessary force” to protect the areas/havens. To accomplish the latter, the troops must have ready access to adequate firepower, including fighter aircraft, if the situation calls for it. The latter requirement seems rather obvious, but the dangers of not providing adequate military support became horrifyingly obvious when the Serbs overran numerous safe havens, including Srebrenica. As a result of the latter, the concept and term “safe area” began to be perceived as an oxymoron. In light of the fact that key distinctions between peacekeeping and peace enforcement have been addressed throughout this introductory essay, there is no need to reiterate them here. Suffice it to say that as long as realpolitik, a lack of political will, and the bureaucratic inertia at the UN persists, along with the vise-like grip the major powers have on the UN Security Council, it is highly likely that the “international community” will continue to attempt to place a “bandage” (e.g., peacekeeping missions versus peace enforcement missions) on a “gaping wound” (the perpetration of crimes against humanity and genocide), much to the utter detriment of the victim population and the international community, itself.
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Early Exit Plans A thorny issue that arose as a result of so many interventions in the 1990s was that of predetermined exit strategies and exit dates. In an essay entitled “The Exit Strategy Delusion,” Gideon Rose (1998), deputy director of National Security Studies and Olin Fellow at the Council of Foreign Relations, argues that the Clinton administration’s and the U.S. Congress’ obsession with “exit strategies” in the 1990s, especially in regard to establishing a set timetable for exiting from an intervention, constituted skewed thinking and actually endangered the potential success of interventions. It is virtually impossible for any intervener to know how an intervention is going to play out until relatively late in the process. Thus, to either design an exit strategy and/or set an exit date early-on is bound to adhere to an arbitrary set of plans that may have little to nothing to do with the effectiveness of the intervention (e.g., establishing a stable and safe environment in which the population is on the road to rebuilding, and hopefully, reconciliation). Anti-Genocide Rapid Action Force/Standing Army Many practitioners and scholars have repeatedly called for the establishment of a special Rapid Action Force/Standing Army whose primary purpose would be the prevention and intervention of genocide. Many member states of the United Nations, though, are leery about establishing such a force. Among the greatest concerns and reservations are as follows: Who would have ultimate authority over the force? What would the criteria be for initiating action by the force? What troops would comprise such a force? How would the troops be selected? Who would be responsible for training the troops? How would the selection of the force commander be handled? How would the force be funded? Where would the force’s headquarters be situated? The impetus for establishing such a force should be taken up by the UN Security Council for it is “the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace [, and] . . . [i]t is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective [e.g. the establishment of an anti-genocide rapid action force]” (Sarooshi 2001, p. 1). However, as Sarooshi (2001), senior lecturer in public international law of University College, London, University of London, notes “the Charter provision which was intended to provide the Council with a standing military force to carry out enforcement action has not as yet been implemented. In response, the Council has sought to deal with an increasing demand for military enforcement action by delegating its powers in this area to other UN organs (e.g., the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g., the coalition against Iraq), and regional and collective self-defense organizations (e.g., NATO in Bosnia, p. 1).
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In light of the fact that the establishment of such a force is a major issue amongst genocide studies scholars, human rights activists, and others, it is likely to continue to be the subject of much discussion and debate. Until this issue is resolved, the world will undoubtedly continue to witness ad hoc missions, not all of which will be effective—and that is a gross understatement. In all likelihood, it is going to take a major campaign by human rights activists, scholars, and others to prod, cajole, and convince the Security Council to act on this issue. The Prevention and Intervention of Genocide: The Likelihood of Success? What is Needed In light of the international community’s dismal record in preventing genocide between 1945 and 2006), it seems as if nothing short of the establishment of a well-funded and powerful anti-genocide regime is needed. Ideally, such a regime would be responsible for conducting theoretical work and research, developing and implementing early warning efforts, undertaking field investigations, and overseeing a broad spectrum of anti-genocide efforts. Undoubtedly, the establishment of such constitutes a Herculean challenge. That said, in light of the ever-increasing concern over genocidal actions by both scholars and the general public, as well as the International Commission on Intervention and State Sovereignty’s declaration vis-à-vis the responsibility to protect, it seems as if it is a propitious time to move forward with such a project. The Development of a Partial Anti-Genocide Regime Is Currently Doable Many elements of an anti-genocide regime could be developed, assembled, and placed into operation under one roof in a relatively short period of time. That includes the establishment of: a think tank in which research is conducted into all aspects of genocide, a sophisticated genocide early warning system, investigative teams to conduct field research into whether situations are either slouching toward or already have degenerated into genocide, and conflict resolution and mediation teams to try to bring crises and conflicts to a peaceful end. To varying degrees of sophistication and effectiveness, all of these components are in place in various parts of the world. None, though, are located within the confines of a single organization. And few of the components are as sophisticated, well funded or effective as they could be. With technology at such an advanced stage and with so many scholars and practitioners in the fields of genocide studies, early warning, and human rights working on the development of a genocide early warning system, it is simply a matter of time until a fully operational and highly sophisticated system is up and running—one that, in fact, will be capable of gathering, analyzing, and disseminating virtually any amount of data from every corner of the globe. Tellingly, close to a decade ago, Rupesinghe (1999, 265) reported the following:
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In an attempt to address the manifold difficulties of establishing an effective early warning system that can provide reliable information in a coherent and accessible way, a coalition of IGO [intergovernmental organizations] representatives, U.N. agencies, and NGOs [nongovernmental organizations], including International Alert, have developed the FEWER project. It was launched as a concept in 1996 and is still in the development stage as of [the early 2000[‘s].
Rupesinghe (1999, p. 265) goes on to note that FEWER distinguishes itself from other early warning initiatives in a number of important ways. First, it is highly action-oriented, directly linking conflict early warning to early action. Secondly, it works to provide decision makers with balanced, timely and reliable information and analysis on conflict-threatened countries and regions as well as possible policy responses based on and tailored to local needs and capacities for peace. Finally, and perhaps most significantly, FEWER is a collaborative effort on a global scale encompassing existing early warning projects and capitalizing on expertise drawn from both the Northern and Southern Hemispheres. Ultimately, its objective is to develop a single coherent system of conflict indicators, analysis and policy recommendations in order to identify opportunities for conflict prevention and provoke constructive responses from the international community.
The operative term for the time being is “ultimately.” In other words, the goal of implementing a fully operational system has not been realized yet. But the good news is that the work toward such a goal continues a pace. Such positive news, though, is also tempered by the reality of politics. As previously noted, it does not matter how sophisticated an early warning system is if the international community is bereft of either the political will to act to prevent genocide before it breaks out or to intervene once it has done so. A Fully Operational and Effective Anti-Genocide Regime Remains More of a Future-Oriented Goal To develop a truly effective anti-genocide regime, the international community must consciously and arduously work to avoid applying old—and often ineffective—“remedies” to tortuously complex problems. This is true, for example, in regard to: changing how systemic issues are handled (that is, they must be viewed and approached with an eye to ameliorating the problems versus applying the proverbial bandaid to them); moving from a system predicated more on intervention to one of prevention; the need to view crimes against humanity as worrisome and despicable as genocide (and thus, avoiding the current tendency to avoid serious action until a situation is deemed a potential or actual genocide). To develop an effective means of tackling, for example, “horizontal inequality” is going to require a great deal of thought and effort, but it is a task that an anti-
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genocide regime must not flinch from undertaking. Some may question the sagacity of an anti-genocide regime taking on such an endeavor, but if the regime neglects to address such concerns then its overall effort will be little more than skimming the surface of the proverbial iceberg. Indeed, until such issues are largely ameliorated, crimes against humanity and genocide are likely to continue to be facts of life and death on this planet. There is absolutely no way, of course, that an anti-genocide regime is going to ameliorate such problems on its own. They are simply too numerous and too complex. Corroborating the latter point, David Boaz (2005, p. 3J), executive vice president of the Cato Institute in Washington D.C., notes that [Today,] there are more than 80 poverty-related programs, which in 2003 cost $522 billion. . . . Government-to-government aid has tended to strengthen governments in poor countries at the expense of business and individuals and has made governments increasingly dependent on their rich lenders. Few countries have “graduated” from aid to self-sufficiency. After all that aid, according to a National Bureau of Economic Research study, sub-Saharan Africa is actually poorer than it was 30 years ago.
Not only does such information prove there is a dire need to replace “old remedies” and “acceptable” practices with research-based innovations, it also supports this author’s supposition that an anti-genocide regime must be comprised of experts in a host of fields and not simply those in the fields, for example, of political science, sociology, genocide studies, and/or human rights. The major barrier regarding the establishment a fully operational and effective anti-genocide regime is, as previously mentioned, the creation of a rapid action force that is, for the most part, free of the constraints of realpolitik, a lack of political will and bureaucratic inertia—or put another way, a force that truly has the green light to act when needed. Unless there is a major break through on how such a force could be developed and implemented in a way that is truly effective—and not simply something “in name only,” let alone a “paper tiger”—the dream of such a force will likely remain just that, a dream. There is also the issue of funding. Currently, most genocide studies centers are small concerns, with a staff ranging from one to five individuals. A few receive ample funding from grants, most are run on a shoe-string. All are vastly limited in what they can accomplish, and that is due to a dire lack of adequate personnel with the diverse expertise needed to address the plethora of issues germane to the prevention and intervention of genocide, the funding to carry out projects across the globe, the means to purchase the type of equipment and technology to operate a sophisticated program, and the money to cover the costs of other needs vis-à-vis infrastructure. The upshot, this author believes, is that the issues germane to the prevention and intervention of genocide are so great in number and so complex in nature that
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it is going to take nothing less than a “Manhattan-like Project” (the major effort undertaken by the United States during World War II to develop the first atomic bomb) and/or the U.S. government’s effort to send the first man to the moon. In other words, for an anti-genocide regime to be anything more than window-dressing, it must be comprised of great minds, and an extremely bright (if not brilliant) leader who not only has a vision but who can inspire people, obtain continued funding, manage a huge budget, and work his/her way around and through bureaucratic mazes with the utmost efficiency and effectiveness. And it must be well-funded, into the tens and hundreds of millions of dollars. The latter, alone, is a tall order, but it does not stop there. Even if an anti-genocide regime were established (along with the rapid action force) and adequately funded, it would still face the ongoing battle over who had the power to make critical decisions free of the constraints of realpolitik, lack of political will, and bureaucratic inertia. And that will likely be the toughest aspect of establishing an effective anti-genocide regime. As for the issue of realpolitik and the lack of political will, the major question that remains, of course, is how to apply pressure on the UN, regional organizations (e.g., the European Union, NATO, the African Union), and individual nations to act expediently when a genocide is on the horizon? To make any headway at all in addressing the prevention and intervention of genocide, it is imperative that scholars, policy makers, and activists who care about the deprivation of human rights and genocide focus their attention on this most complex and contentious of issues. Four possibilities along this line (and there are bound to be many more) are worthy of serious examination are: (1) conducting research studies into those pressure points that induce political leaders to act on an issue (for example, this might include the enormous application of pressure by a massive number of constituents on such bodies as a nation’s parliament, congress, and/or executive branch); (2) the development of specific procedures and/or campaigns in which the general public can be quickly and thoroughly informed of—and about—a pending genocide, and efficiently polled in regard to its position regarding the prevention and intervention of genocide; (3) a thorough study should be conducted of those few situations where at least certain parts of the international community ostensibly overcame realpolitik and mustered the political will to act in order to prevent a potential genocide in order to assess what can be learned and applied to future pre-genocidal situations. In this regard, two essential situations worthy of study are those of the Iranian Bahá’í community in the 1980s, and the violence wracking East Timor at the close of the twentieth century; and (4) the development of methods and programs for applying the most effective pressure on the United Nations and the governments of independent nations to act, sooner than later, to prevent genocide from becoming a reality—and in doing so, to issue an appropriate mandate and then carry out the mission in an effective and timely manner. Finally, there is the issue of the United Nations—its reactions, inactions, decisions, and indecisions in responding to a looming, or actual, genocide. First, there
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is a critical need to streamline the bureaucracy at the United Nations for the current structure creates unnecessary and harmful delays in both communication and decision-making processes. Various attempts by various UN Secretary Generals have already been made along this line, but the result has been compared to little more than rearranging the deck chairs on the Titanic. Thus, it is anyone’s guess as to what it will take to ameliorate this problem, and there is no telling if it will happen, let alone when. Second, there is a dire need to radically revise the composition of the UN Security Council. For too long several nations—the five permanent members— have controlled far too many critical decisions and actions vis-à-vis the fate of the world. As result, those nations that are far less powerful and/or wealthy have had little to no real say regarding a host of critical issues. Changing the make-up of this “controlling” group will not be easy (and that is a gross understatement), but a serious effort must be made to do so. Third, what appeared to be a sign of some progress at the UN regarding the prevention of genocide was Secretary General Kofi Annan’s naming Juan E. Méndez (a human rights advocate, lawyer, and former political prisoner from Argentina) as his first Special Adviser on the Prevention of Genocide. That was in July 2004. The establishment of the position, itself, at least initially, seemed to be a step in the right direction. However, the UN’s tepid and totally ineffectual response to the genocidal violence throughout the summer, fall, and winter of 2004, all of 2005, and most of 2006 in Darfur, Sudan, has to make one wonder about the value of there even being a Special Adviser on the Prevention of Genocide. That said, the ultimate significance and value is yet to be determined. Conclusion Following the end of the cold war, it appeared that a sea-change might be taking place in international relations regarding the willingness of nations to attempt to prevent genocide. But, as noted throughout this “Introduction,” such a change has not taken place. It is certainly positive that the issue of “sovereignty” in the post-cold war period has come under closer scrutiny and is no longer seen, in certain cases at least, as sacrosanct. Thus, a nation committing genocide or other egregious human rights violations against its own people is no longer seen as totally untouchable. Indeed, such situations are no longer automatically deemed a matter of “internal affairs.” While change is in the air (evidenced in certain notable cases by the fact that the international community did act in concert to stave off potential genocides), the jury is still out in regard to whether or not the international community is going to dedicate its all to preventing genocide. When all is said and done, over the past decade and a half, there has been more talk than action when it comes to the prevention of genocide. And that is not only true of the leaders and bureaucrats
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of individual nations and international organizations, but genocide scholars, human rights activists, and others who have studied, written about, or decried acts of genocide. Evidence clearly shows that when the international community waits until the killing has begun to act, tens of thousands, if not millions, of people are likely to end up in the deadly maw of genocide. As the cliché goes: action speaks louder than words. It is time for action. If not now, when? Notes 1. The “Somalia factor” resulted from a bloody fiasco in which the United States found itself in Somalia in October 1993. In an attempt to capture those responsible for killing over twenty Pakistani peacekeepers, elite U.S. forces engaged in a fierce battle with the militia troops of Mohammed Farah Aideed that resulted in the deaths of eighteen U.S. soldiers and the wounding of over seventy-three. Adding insult to injury, a dead U.S. soldier was stripped of his clothes and dragged through the streets of Mogadishu, a horrific image that was broadcast across the globe. The image and impact of the entire mission soured the leadership in Washington on humanitarian missions. The backlash from the killings of the Pakistanis and the U.S. soldiers also cut into, if not partially gutted, the optimism expressed in Boutros-Ghali’s Agenda for Peace. 2. The panel was chaired by former Algerian Foreign Minister Lakhdar Brahimi, and as a result the panel’s report is now commonly referred to as “The Brahimi Report.” The rest of the panel was composed of individuals with eclectic and significant experience in the areas of conflict prevention, peacekeeping, and peace-building. 3. Over the past twenty-five years or so, genocide scholars (as opposed to those in fields such as peace studies, conflict resolution, international law, and criminal law) have basically focused on nine major concerns vis-à-vis the intervention and prevention of genocide: (1) defining what genocide is and is not; (2) examining and delineating the processes of genocide; (3) analyzing specific genocidal events, including their causes, the individuals and groups involved (e.g., perpetrators, collaborators, victims, bystanders, rescuers), the ways in which the genocides were perpetrated, the horrific results, and the aftermath; (4) analyzing data from genocidal incidents in order to ascertain early warning signals; (5) developing risk data bases; (6) undertaking incipient work on the development of genocide early warning systems; (7) delineating and analyzing the adverse impact of the denial of past genocides; (8) arguing in favor of trying and punishing perpetrators of genocide, and analyzing the adverse impact of impunity; and (9) developing and implementing educational efforts at different levels of schooling (secondary, college, and university) and/or within governmental agencies (including legislative, judicial, and executive bodies, as well as the military). All of these efforts constitute a significant contribution to the effort to develop efficacious means to intervene and prevent future genocides. However, as significant as these developments are, they only begin to touch the proverbial tip of the iceberg in regard to what needs to be done. The fact is, an eclectic group of organizations and individuals outside the field of genocide studies is also interested in, writing about, and working on the problems of the prevention and intervention of genocide. Among the varied issues they are working on are: international law (accords, covenants, conventions, treaties); information-gathering and analysis; intelligence sharing; the development and/or analysis of the efficacy of various types of early warning systems; analyzing data from genocidal incidents in order to ascertain early warning signals; the development of data risk bases; attempting to ascertain effective confidence building measures; develop-
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ing and implementing preventive diplomacy, Track I diplomacy efforts, and/or Track II diplomacy; examining, developing and/or implementing such varied measures as conflict prevention, conflict management, conflict resolution, peacekeeping, diplomatic peacekeeping, peacemaking, peace enforcement, sanctions (including “smart sanctions” or combinations of sanctions, as well as the use of “carrots” or inducements), partitioning, temporary protection measures for refugees fleeing internal and other types of conflict, humanitarian intervention, various types of policing efforts (such as regional police forces, constabulary forces, private security forces), military intervention, institution building, and the list goes on and on. If there is to be even a hope of developing effective means to intervene and prevent genocide, genocide scholars and others must undertake a joint effort to a create synergism between and amongst the various aforementioned strands. 4. “Preventive diplomacy” refers to “the range of peaceful dispute resolution methods —mentioned in Article 33 of the UN Charter—applied before a dispute crosses the threshold to armed conflict, e.g., negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice” (Peck 1996, p. 132).
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Dunn, James (2004). “Genocide in East Timor,” pp. 263–293. In Samuel Totten, William S. Parsons, and Israel W. Charny (Eds.) Century of Genocide: Critical Essays and Eyewitness Accounts. New York: Routledge. Fein, Helen (1994). “An Interview with Alison L. Des Forges: Genocide in Rwanda Was Foreseen and Could Have Been Deterred,” pp. 21–31. In Helen Fein, Helen (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. Freeman, Michael (1999). “The Role of Institution Building in the Prevention of Genocide,” pp 206– 222. In Roger W. Smith (Ed.) Genocide: Essays Toward Understanding, Early-Warning, and Prevention. New York and Williamsburg, VA: Association of Genocide Scholars and Department of Government, College of William and Mary. Gunn, G. C. (1997). East Timor and the United Nations: The Case for Intervention. Lawrenceville, NJ: Red Sea Press. Hirsch, Herbert (1999). “Thoughts About Preventing Genocide in the Post-Cold War Era,” pp. 223– 238. In Roger W. Smith (Ed.) Genocide: Essays Toward Understanding, Early-Warning, and Prevention. New York and Williamsburg, VA: Association of Genocide Scholars and Department of Government, College of William and Mary. Ignatieff, Michael (2002). “Intervention and State Failure,” pp. 229–244. In Nicolaus Mills and Kira Brunner (Eds.) The New Killing Fields: Massacre and the Politics of Intervention. New York: Basic Books. International Commission on Intervention and State Sovereignty (2001). The Responsibility to Protect: Report of the International Commission on Intervention and State Sovereignty. Ottawa: International Development Research Centre. The International Commission on Intervention and State Sovereignty (2001).The Responsibility to Protect: Research, Bibliography, Background: Supplementary Volume to the Report of the International Commission on Intervention and State Sovereignty. Ottawa, ON, Canada: International Development Research Centre. Jelinek, P. (2001, July 3). “File: Allies Tipped Off to Genocide in Early ‘42.” Arkansas Democrat Gazette, p. 4. Jentleson, Bruce W. (2000). Coercive Prevention: Normative, Political, and Policy Dilemmas. Washington, D.C.: United States Institute of Peace. Karns, Margaret P., and Mingst, Karen A. (2001). “Peacekeeping and the Changing Role of the United Nations: Four Dilemmas,” pp. 215–237. In Ramesh Thakur and Albrecht Schnabel (Eds.) United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. Tokyo: United Nations University Press. Kaufman, Joyce P. (1999). “NATO and the Former Yugoslavia: Crisis, Conflict and the Atlantic Alliance.” The Journal of Conflict Studies. Fall, 19(2): 5–38. Kiernan, Ben (2004). “The Cambodian Genocide, 1975-1979,” pp. 338–373. In Samuel Totten, William S. Parsons, and Israel W. Charny (Eds.) Century of Genocide: Critical Essays and Eyewitness Accounts. New York: Routledge. King, L. (1999). “Indonesian Pullout Marks End of Struggle, Dawn of Independence.” September 31, Northwest Arkansas Times, p. A9. Krasner, Stephen D., and Froats, Daniel, T. (1998). “Minority Rights and the Westphalian Model,” pp. 227–250. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict; Fear, Diffusion and Escalation. Princeton, NJ: Princeton University Press. Kuperman, Alan J. (2001). The Limits of Humanitarian Intervention: Genocide in Rwanda. Washington, D.C.: Brookings Institute Press. 162 pp. Leezenberg, Michiel (2004). “The Anfal Operations in Iraqi Kurdistan,” pp. 375–393. In Samuel Totten, William S. Parsons, and Israel W. Charny (Eds.) Century of Genocide: Critical Essays and Eyewitness Accounts. New York: Routledge. Lemarchand, René (2004). “The Burundi Genocide,” pp. 321–337. In Samuel Totten, William S. Par-
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sons, and Israel W. Charny (Eds.) Century of Genocide: Critical Essays and Eyewitness Accounts. New York: Routledge. Maley, William (2002). “Twelve Theses on the Impact of Humanitarian Intervention.” Security Dialogue, 33(3): 265–278. Mayall, James (1996). “Introduction,” pp. 1–24. In James Mayall (Ed.) The New Interventionism 1991–1994: United Nations Experience in Cambodia, former Yugoslavia, and Somalia. New York: Cambridge University Press. Maxwell, Dayton L. (1998). “Facing the Choice Among Bad Options in Complex Humanitarian Emergencies,” pp. 179–191. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Franc Cass Publishers. Melvern, L. R. (2000). A People Betrayed: The Role of the West in Rwanda’s Genocide. London: Zed Books. Nafziger, E. Wayne, and Väyrynen, Ramio (Eds.) (2002). The Prevention of Humanitarian Emergencies. New York: Palgrave. Nardin, Terry (2002). “The Moral Basis of Humanitarian Intervention.” Ethics & International Affairs, 16(1): 57–70. Organization of African Unity (OAU) (2001). “International Panel of Eminent Personalities (IDEP): Report on the 1994 Genocide in Rwanda and Surrounding Events.” International Legal Materials, 40:140–235. Orth, Rick (1997). “Four Variables in Preventive Diplomacy: Their Applications in the Rwanda Case.” The Journal of Conflict Studies. Spring, 17(1): 79–100. Peck, Connie (1996). The United Nations as a Dispute Settlement System: Improving Mechanisms for the Prevention and Resolution of Conflict. The Hague: Kluwer Law International. Power, Samantha (2002). “A Problem from Hell”: America in the Age of Genocide. New York: Basic Books. Price, Monroe, E., and Thompson, Mark (Eds.) (2002). Forging Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. Reeves, Eric (2005). “Darfur Mortality Update: August 31, 2005.” http://www.sudanreeves.org. Rose, Gideon (1998). “The Exit Strategy Delusion.” Foreign Affairs, January/February, 77(1). Rummel, R. J. (1992). Democide: Nazi Genocide and Mass Murder. New Brunswick, NJ: Transaction Publishers. Rupesinghe, Kumar (1999). “Forum for Early Warning and Emergency Response (FEWER),” pp. 265–267. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume I. Santa Barbara, CA: ABC CLIO Press. Rupesinghe, Kumar, and Kuroda, Michiko (Eds.) (1992). Early Warning and Conflict Resolution. New York: St. Martin’s Press. Ryan, Alan (2002). “The Strong Lead-nation Model in an ad hoc Coalition of the Willing: Operation Stablise in East Timor.” International Peacekeeping, 9(1): 23–44. Sadkovich, James J. (1996). “The Former Yugoslavia, the End of the Nuremberg Era, and the New Barbarism,” pp. 282–303. In Thomas Cushman and Stjepan G. Mestrovic (Eds.) This Time We Knew: Western Responses to Genocide in Bosnia. New York: New York University Press. Sarooshi, Danesh (2001). The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of Its Chapter VII Powers. Oxford: Oxford University Press. Schabas, William (2000). An Introduction to the International Criminal Court. New York: Cambridge University Press. Smith, Roger (1998). “Scarcity and Genocide,” pp. 199–219. In Michael Dobkowski and Isidor Wallimann (Eds.) The Coming Age of Scarcity: Preventing Mass Death and Genocide in the TwentyFirst Century. Syracuse, NY: Syracuse University Press. Steadman, Stephen J. (1998). “Conflict Prevention as Strategic Interaction: The Spoiler Problem and
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the Case of Rwanda,” pp. 67–86. In Peter Wallensteen (Ed.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. United Nations (1948). UN Convention on the Prevention and Punishment of the Crime of Genocide. New York: Author. Available at: www.hrweb.org/legal/genocide.html. United Nations (1993). “United Nations: Security Council Resolution on Establishing an International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Law (sic) Humanitarian Law Committed in the Territory of the Former Yugoslavia.” International Legal Materials, 32, 1203–1205. U.N. Economic and Social Council (1948). Official Records, Session 7, p. 721. United Nations (2000). Report of the Panel on United Nations Peace Operations. New York: Author. Väyrynen, Raimo (2002). “Preventing Humanitarian Emergencies: Human Security and Strategic Action,” pp. 133–150. In E. Wayne Nafziger and Raimo Väyrynen (Eds.) The Prevention of Humanitarian Emergencies. New York: Palgrave. War Crimes Watch (1996). “Srebrenica: The Call for Justice.” War Crimes Watch. 2 pp. http://www. members.tripod.com/~Bregava/SREBRENICA2. van Walraven, Klaas (Ed.) (1998). Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. Weiss, Thomas (2003). “Principles, Politics and Humanitarian Action,” pp. 84–103. In Anthony F. Lang, Jr. (Ed.) Just Intervention. Washington, D.C.: Georgetown University Press. Weiss, Thomas G. (1993). “Intervention and Genocide.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:6–7. Weymouth, T., and Henig, S. (Eds.) (2001). The Kosovo Crisis: The Last American War in Europe? London: Reuters. Wheeler, Nicholas J. (2002). “Decision-making Rules and Procedures for Humanitarian Intervention.” The International Journal of Human Rights, Spring, 6(1): 127–138.
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Abiew, Francis Kofi (1999). The Evolution of the Doctrine and Practice of Humanitarian Intervention. The Hague: Kluwer Law International. 325 pp. Abiew, lecturer in the Department of Political Science at the University of Alberta in Edmonton, Canada, defends the emergence of a right of humanitarian intervention, and argues that state sovereignty is not incompatible with the latter. Following a review of historical precedents, Abiew concludes by assessing contemporary developments in terms of sources and support for intervention on humanitarian grounds. The book is comprised of the four chapters, plus an introduction and conclusion. The four chapters and various issues addressed under each are as follows: 1. “The Traditional Doctrine and Practice of Humanitarian Intervention” (Historical Evolution of State Sovereignty and the Doctrine and Practice of Humanitarian Intervention: a. State Sovereignty, b. Humanitarian Intervention, and c. State Practice in the Nineteenth and Early Twentieth Century); 2. “The Right of Humanitarian Intervention in the Post-Charter Era (1945–1989)” (Evolving Norms: a. Principles of State Sovereignty and Non-Intervention, b. The Internationalization of Human Rights; c. The UN Charter’s Effect on Humanitarian Intervention; Case Studies of State Practice from 1945–1989—The East Pakistan (Bangladesh) Intervention of 1971; The Tanzanian Intervention in Uganda of 1979, and Vietnam’s Intervention in Cambodia (Kampuchea, 1978)); 3. “The Practice of Humanitarian Intervention in the Post Cold War Era” (Northern Iraq, Somalia, 47
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The Former Yugoslavia, Rwanda); and 4. “Assessing Humanitarianism in the Post Cold War Period: Sources of Consensus.” 2.
Arend, Anthony Clark, and Beck, Robert J. (1993). International Law and the Use of Force: Beyond the UN Charter Paradigm. London: Routledge. 272 pp. In this book, Arend (professor of government at Georgetown University) and Beck (professor of international law and organization in the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia) blend traditional conceptions of the use of force under international law with new theoretical insights to suggest a new paradigm on the use of force in contemporary international relations. The book is comprised of four parts and ten chapters: Part I: Introduction (1. “International Law and the Use of Force”; 2. “Historical Overview: The Development of the Legal Norms Relating to the Recourse to Use Force”); Part II: The United Nations Charter Paradigm (3. “The United Nations Charter Framework for the Resort to Force”; 4. “Collective Use of Force Under the United Nations Charter”); Part III: Challenges to the Charter Paradigm (5. “Anticipatory Self-Defense”; 6. “Intervention in Civil and Mixed Conflicts”; 7. “Intervention to Protect Nationals”; 8. “Humanitarian Intervention”; 9. “Responding to Terrorism”); and Part IV: Conclusions Beyond the Charter Paradigm (10. “International Law and the Recourse to Force: A Shift in Paradigms”). The authors include short but interesting comments on the genocides in Bangladesh and Cambodia, and the interventions in each by, respectively, India and Vietnam.
3.
Ayoob, Mohammed (2002). “Humanitarian Intervention and State Sovereignty.”The International Journal of Human Rights, Spring 6(1):81– 102. Herein, the author discusses the ongoing tension between those who favor humanitarian intervention in the case of flagrant and serious human rights violations (including genocide) and those who are more tentative to act in light of the belief that the best way to maintain international order is by honoring sovereign authority. Among the many issues the author addresses are: sovereignty as authority, human rights and sovereignty, the new interventionism, sovereignty as responsibility, humanitarian concerns and national interests, humanitarian interventions and double standards, determining international will, circumventing the UN Security Council, state-making and violence, need for a new mechanism, complex political emergencies, and order versus justice. One of the author’s key suggestions is the establishment of a Humanitarian Council with the sole jurisdiction on
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matters relating to humanitarian interventions. To establish such a council, he notes, the UN Charter would have to be amended to such an end. 4.
Ciechanski, Jerzy (1997). “Enforcement Measures Under Chapter VII of the UN Charter: UN Practice After the Cold War,” pp. 82–104. In Michael Pugh (Ed.) The UN, Peace, and Force. London: Frank Cass and Company. This provocative essay by Ciechanski, professor of Political Science at the University of Dayton, Ohio, is comprised of the following sections: PostCold War Resolutions Under Chapter VII, Chapter VII as Legitimizer of Legal Uses of Force; The Mistake of “Forcible Peacekeeping”; and International Legislation by the Security Council. Among the conflicts he alludes to and/or discusses are those in the former Yugoslavia, the plight of the Kurds in northern Iraq, and the 1994 genocide in Rwanda. In concluding his essay, Ciechanski writes, in part, as follows: States have reviewed their positions and begun expressing reservations about the Security Council’s use of Chapter VII. A number of Third World countries have quite consistently stressed the importance of the inviolability of the domestic jurisdiction of states which should not be circumvented by the Security Council under any pretext. [For example,] after the Gulf War, several major countries (e.g., China, India, and Zimbabwe) were uneasy about the Security Council taking up in Resolution 688 (5, April, 1991), the question of gross violations by the government of Iraq of human rights of Iraqi Kurds and Shi’i Muslims, believing that the Council transgressed the limits of its jurisdiction. China and Zimbabwe took an identical position during the Security Council debate (13 and 16 November 1992) on human rights abuses in Yugoslavia. Finally, since August 1994, Burundi has continually rejected, as an intervention in its internal affairs, offers by the Secretary General and Security Council of a UN peacekeeping force to contain growing tribal violence. As an expression of resistance to the Security Council’s improper encroachments, the 1992 Non-Aligned Conference called on the UN to always remain “in full respect of the principles of sovereignty and non-interference in the internal affairs of states.” Furthermore, since the 1991 Gulf War, many Third World states have also insisted on a restructuring which would make the Security Council even less capable of decisive action. The Western states have also lost some of their early enthusiasm, especially with regard to large intrusive peacekeeping operations. They seem to be less concerned with legal and more with practical limits of Security Council activism in the Westphalian international system. Some of the force suppliers rejected the notion of their contingents being used in forcible military operations either under Chapter VII or under the rules of self-defense, the scope of which broadened considerably as the peacekeeping mandates became more activist. (pp. 97–98)
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Glennon, Michael J. (2001). Limits of Law, Prerogatives of Power: Interventionism After Kosovo. New York: Palgrave. 239 pp. Glennon, professor of Law at the University of California, Davis, presents a “critical, top down reassessment of the whole use-of-force edifice” (p. 4). As his starting point, Glennon discusses how the 1999 Kosovo bombing campaign by NATO violated Article 2(4) of the UN Charter—that is, the prohibition of “the threat or use of force against the territorial integrity or political independence of any state.” In doing so, he rejects the many arguments that have been put forth that “humanitarian intervention” is consonant with the UN Charter. In that regard, he argues that such interventions as India’s 1971 intervention in Bangladesh and the 1979 intervention by Tanzania in Uganda are problematic as precedent-setters. Ultimately, Glennon argues that the UN Charter has lost its relevance when it comes to the whole use of force issue and goes on to challenge the legal justifications for the UN Security Council’s authorization to use force to deal with intrastate violence. While asserting that there is some merit to regional alliances for the purpose of addressing intrastate conflict such as ethnic violence (sometimes under the auspices of the UN Security Council), he still maintains that it constitutes a breakdown of the charter-based regime because the Security Council has intervened in ways that its originators “would never have agreed to” (p. 135). In place of what he perceives as an eviscerated and defunct charter-based regime, Glennon suggests the need for the “eventual establishment of a true legalist system to govern the use of force” (p. 11).That said, he does not see the development of such an approach taking place for at least several decades, and that is due to the varying perspectives of different nations in regard to the goals of such force.
6.
Gunter, Michael M. (1994). “The Kurdish Peacekeeping Operation in Northern Iraq, 1991,” pp. 97–110. In David A. Charters (Ed.) Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. Gunter’s conclusion to his essay is informative and telling: The UN’s response [e.g., to help save the Kurds from the further depredations of Saddam Hussein after their failed uprising in March 1991] proved to be a unique peacekeeping operation because, in effect, it was taking the side of the Iraqi Kurds and the allies against Iraq. This situation patently contrasted with the criterion of impartiality [of] previous peacekeeping operations. [F]or the first time, the UN had declared in Security Council 688 of 5 April 1991 that “the repression of the Iraqi civilian population, including most recently, Kurdish populated areas,” could “threaten international peace and
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security.” In other words, the Council was saying that circumstances may arise in which extraordinary humanitarian needs would compel the world organization to intervene in the internal affairs of a sovereign state under the collective security provisions of UN Charter Chapter VII (italics added). Previously, what a state did to its own minorities was of little or no concern to outsiders. [T]herefore, the UN peacekeeping operation in northern Iraq carried major implications for the future of international law and organization. [A]s the Secretary General himself noted: A number of precedents were established . . . : the decision to aid the direct return of refugees to their homelands via a system of “blue routes,” thereby avoiding the need to construct and administer refugee camps; the creation . . . of a United Nations guards contingent to protect United Nations personnel and property, to provide an element of security and stability and to serve as “moral witness” in the humanitarian sphere; and the development of a system whereby a country with sufficient resources could assume responsibility for the care of the vulnerable groups within its borders. Maybe the most immediate result of the initial allied effort followed by the UN peacekeeping operation was how quickly so many refugees returned to their homes. . . . By the end of August, all but 124,300 [of the approximately two million refugees] returned, “most of them utilizing the systems of humanitarian relief centres (UNHUCs), mobile stations, and blue routes designed and implemented by the United Nations.” (pp. 106–108)
The essay is comprised of the following sections: Origins, Safe Havens, The UN Begins to Move, Implementation, Finances, and Conclusions. 7.
Haas, Ernst B. (1993). “Beware the Slippery Slope: Notes Toward the Definition of Justifiable Intervention,” pp. 63–89. In Laura W. Reed and Carl Kaysen (Eds.) Emerging Norms of Justified Intervention: A Collection of Essays from a Project of the American Academy of Arts and Sciences. In this chapter, Haas, Robson Research Professor of Government at the University of California at Berkeley, states that I devote the bulk of this essay to the advocacy of justifiable and effective UN action to keep the peace in wars among states and to make peace in wars within states. I argue that legitimate multilateral action depends on not attempting all forms of collective action in all situations. Such actions will gain acceptance only if the UN stays out of situations that are unlikely to be improved as a result of global involvement—provided that those situations pose no significant threat to the peace of other states. I want to prevent the likely progression of steps that begin with humanitarian intervention and end with enforcement measures under Chapter VII of the [UN] Charter. I want to save the UN’s legitimacy for situations that can be improved by multilateral action by pre-
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venting the organization’s sliding down the slippery slope illustrated by the cases of Somalia, Bosnia, and Cambodia. In doing so, I take issue with those who urge a hugely expanded scope for UN intervention and who justify their argument by pointing to an ever-weakening norm of sovereignty. I quarrel with those who urge that intervention is always justified in a “good cause” because sovereignty is not what it used to be. I show that there is no need to revive and to sanitize that (formally) reprehensible form of international conduct, intervention in the internal affairs of another state, because we should be very cautious in justifying efforts to make peace in someone else’s civil war that poses no threat to outsiders. (p. 65)
8.
Heuser, Beatrice (1997). “Sovereignty, Self-Determination, and Security: New World Orders in the Twentieth Century,” pp. 81–104. In Sohail H. Hashmi (Ed.) State Sovereignty: Change and Persistence in International Relations. University Park: The Pennsylvania State University Press. In her introduction to this essay, Heuser, senior lecturer in war studies at King’s College London, makes the following assertions: Sovereignty, as will be argued here, is an impediment to the global rule and application of law in three ways: first, it is not stated explicitly in the UN Charter or in any subsequent UN resolution that the United Nations has the right to intervene in the internal affairs of a sovereign state, even if this state’s government or a group unchecked by the government is breaking the state’s commitments to the observation of the UN Charter and the human rights convenants. In fact, some such interventions have occurred, most notably in Cambodia, Iraq, and Somalia. But they have been carried out on an ad hoc basis, emphasizing the Security Council’s rights under Chapter VII as opposed to the sovereign rights of a state under Article 2(7). And no steps have been taken to ensure a universal and consistent application of such intervention if the government of a state is clearly disregarding its engagement to uphold human rights. Second, any UN resolution has to be reached by the Security Council whose permanent members, as states more sovereign than others, so to speak, have a veto power. Third, the enforcement of a UN resolution, if one is ever passed, depends ultimately on the free choice of the governments of all the other sovereign member states to help implement it. The United Nations has no means to extort the assistance of member states in this process. The problem is not a new one, but one that has become increasingly pronounced since World War I. There has never been a system of international law that was enforced through an effective supranational executive. . . . [O]bligations incurred by sovereign entities have only been enforced against their will if it happened to be in the direct interest of other sovereign entities to do so, and if these were willing to apply the necessary pressure—and bear the cost of doing so. (p. 81)
This essay, then, addressees the following issues: The Concert of Europe: Oligarchy; The League of Nations: Collective Security; The United Na-
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tions: Oligarchy in Collective Security; The Cold War: Non-War Between Integrated Alliances; Options for Post-Cold War Security; Toward a New Model; and Unresolvable Problems? 9.
Idris, Kamil, and Bartolo, Michael (2000). A Better United Nations for the New Millennium: The United Nations System—How It Is Now and How It Should Be in the Future. Cambridge, MA: Kluwer Law International. 260 pp. The authors present a blueprint for overhauling the UN, one more in line with its Charter, emphasizing wider participation in its work and the supremacy of its General Assembly.
10.
Jentleson, Bruce W. (2000). “Part Four—Normative Dilemma: Sovereignty as Rights versus Sovereignty as Responsibility,” pp. 18–23. In Bruce W. Jentleson’s Coercive Prevention: Normative, Political and Policy Dilemmas. Washington, D.C.: United States Institute of Peace. Jentleson, professor of Political Science at Duke University, presents a significant discussion of the basic differences between “sovereignty as rights” and “sovereignty as responsibility”; and in doing so, he delineates “how the prevailing conception of sovereignty [has] changed over time” (p. 19). In making his argument, he observes and then states that The traditional conception of sovereignty as rights attributes to states jurisdictional exclusivity within their own borders and grants very limited and narrowly construed bases of legitimacy for other actors, whether another state or an international institution, to intervene in any form in what in their territorial locus are considered domestic affairs. . . . This conception of sovereignty as rights has been neither as absolute nor as fixed as is widely believed, however. In fact, its legitimacy has been both functionalist and relative. Going back to the seventeenth century and the Treaty of Westphalia, we see that while not a historical accident it was not a historical certainty or inevitability that state sovereignty would emerge as the organizing basis for the international system. . . . With regard to the 1945–90 period, many point to Article 2(7) of the UN Charter as the embodiment of sovereignty as rights: “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of the state.” [However,] while strict constructionists are quick to cite Article 2(7), numerous other portions of the UN Charter as well as other sources provide normative legitimacy and legal basis for the competing conception of “sovereignty as responsibility.” This emphasis on the responsibilities that come with sovereignty is founded at the most fundamental level on a conception of the individual, not the state, as the “right and duty bearing unit in international society.” It is to be stressed that the rights and responsibilities conceptions of sovereignty are not
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dichotomous, but rather mark out a continuum along which there are gradations and conditionalities. . . . [A]cross a range of historical periods “the principle of non-intervention that is implied in the concept of sovereignty was conditional on states adhering to specific standards of behavior. . . .” Thus as a matter of the rights of groups and individuals who constituted states, the functionality argument now works against a strict constructionist approach to states rights. (pp. 19, 20, 21)
Jentleson concludes by stating that “. . . the central point is the need for a conception of sovereignty that . . . reflects the responsibilities that come with the rights. The scope of a state’s rights to sovereign authority is not unconditional or normatively superior to the right to security of the polity. Until and unless this conception of sovereignty as responsibility gains greater international legitimacy, international conflict prevention strategies will continue more often than not to be too little, too late” (p. 23). 11.
Karns, Margaret P., and Mingst, Karen A. (2001). “Peacekeeping and the Changing Role of the United Nations: Four Dilemmas,” pp. 215–237. In Ramesh Thakur and Albrecht Schnabel (Eds.) United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. Tokyo: United Nations University Press. The four dilemmas that the authors address are: (1) The types of conflicts that demand the United Nation’s attention, “that is the shift from interstate to more intrastate or internal conflicts, to Article 2(76) of the UN Charter, and to the norm of non-intervention in a state’s internal affairs” (p. 216); (2) Changing international expectations about the responsibilities of states and of the international community for halting gross and systematic violations of human rights with grave humanitarian consequences; (3) the change in the number and types of actors engaged in complex peacekeeping operations, “raising issues of coordination and legitimacy” (p. 216); and (4) the critical need for leadership and “the diffusion of both power and willingness of states, and especially the USA as the sole superpower, to commit.” (p. 217)
12.
Kaufmann, Johan, Leurdijk, Dick, and Schrijuer, Nico (1991). The World in Turmoil: Testing the UN’s Capacity. New York: The Academic Council on the United Nations System. 150 pp. Section 9 (The “Sovereignty” Issue: Fragmentation versus Integration, pp. 144–149) of chapter 6 (“Conclusions: Towards a New World Order”) addresses issues related to “the changing significance of the nation-state” (including, in part, the fact that “an innovative interpretation of the UN Charter and of Article 2.7 in particular, as well as a gradually expanding interpretation of the UN human rights covenants would increase the internationalization of ‘domestic’ conflicts”) (p. 147).
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Kaysen, Carl, and Rathjens, George (1996). Peace Operations by the United Nations: The Case for a Volunteer UN Military Force. Cambridge, MA: Committee on International Security Studies, American Academy of Arts and Sciences. (64 pp.) Early on, Kaysen and Rathjens note that “[r]ecent problems of intervention have, in a number of instances, been quite different than what was envisaged when the UN was organized and when the major concern was interstate conflict that might result from clearly identifiable aggression. While there have been wars since 1945 that fit this pattern, there have been more—e.g., Yugoslavia and Rwanda—where the issue is really one of civil war, often reflecting ethnic conflict. . . . These instances of conflict raise the issue not resolved in the writing of the UN Charter of the trade-off between, on the one hand, the respect for, and defense of, national sovereignty by the international community and, on the other, its collective responsibility for the well-being of people everywhere” (p. 9). The contents of this booklet are comprised of the following: “Peace Operations During the Cold War”; “The Changed Post-Cold War Environment for Peace Operations”; “The Challenges for the Future”; “The Question of a UN Military Force”; “Arguments for a Volunteer UN Force—Six Case Studies: The Congo, Yugoslavia, Somalia, Cambodia, Rwanda, Haiti”; “What Are the Lessons?”; “What Kind of UN Standing Force?”; “The Wider Context”; and “Appendix: Design for a Streamlined UN Legion.”
14.
Kober, Stanley (2000). “Setting Dangerous Precedents,” pp. 107–119. In Ted Galen Carpenter (Ed.) NATO’s Empty Victory: A Postmortem on the Balkan War. Washington, D.C.: CATO Institute. In his conclusion, Kober, research fellow in foreign studies at the CATO Institute, argues that . . . the issue is not the legitimacy of humanitarian intervention as such but rather the procedure by which such intervention is undertaken. The appropriate procedure is prescribed in Article 39 of the UN Charter: “The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace.” If the United States and its allies now feel that, in the post-Cold War world, they no longer have to honor that provision of international law, they should have no illusions about the result. Other countries are not going to roll over and play dead. The world will divide once again, and the century will end the way it began, primed for major conflict. (p. 117)
15.
Kolodziej, Edward A. (2000). “The Great Powers and Genocide: Lessons from Rwanda.” Pacifica Review, 12(2):121–145.
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This article is comprised of three main sections: 1. a summary of the “prevailing, if circumscribed, moral and legal consensus against genocide—accompanied with three lines of argument to broaden the foundation of this consensus” (p. 120); 2. an examination of the Rwandan genocide and an identification of the main political and strategic constraints that were at play in the failure of the United Nations and the great powers to, both in the past as well as in the present, adequately address the matter of genocide; and 3. a proposal that suggests how the UN’s capacity could be strengthened in order to create an effective anti-genocide regime. While agreeing with some that there is little likelihood that a rapid action force under the auspices of the United Nations will come to fruition some time in the near future, Kolodziej delineates how an anti-genocide regime could be strengthened through a variety of proposals: “(1) strengthening UN intelligence capabilities; (2) enhancing the UN’s capacity for local political risk analysis; (3) clarifying the criteria for applicable responses under Chapter VI and VII of the UN Charter; (4) creating a military staff committee; (5) strengthening the earmarking of military forces from national contingents for Chapter VI and VII security operations; and (6) developing closer liaison and joint planning operations between the United Nations and regional security organizations and their member states” (p. 139). Each proposal is discussed in a fair amount of detail. 16.
Lee, John M., von Pagenhardt, Robert, and Stanley, Timothy W. (1992). “Military Forces for UN Operations (Quick Reaction Forces),” pp. 50–51. In John M. Lee, Robert von Pagenhardt, and Timothy W. Stanley’s To Unite Our Strength: Enhancing the United Nations Peace and Security System. Lanham, MD: University Press of America. A major recommendation by the authors (all of whom spent time in the military and held various posts in NATO and/or the UN and the U.S. government) is the establishment of a “Quick Reaction Force” (QRF). Arguing for such a force, they say that In a crisis, the major military powers represented on the Security Council at that time must be prepared to act decisively, on the basis of a prearranged system of “alerts” and extensive contingency planning conducted by the UN and national military staffs. Of the total national forces that countries are willing to “earmark” for possible UN service under Article 43 of the Charter, certain elements should be designated as “Quick Reaction Forces.” Something analogous to a QRF is foreseen in Article 45. Each permanent Security Council member would be asked to assign a combat division (or the naval or air equivalent) and any country designated an alternating member or invited to join the Peace Management Committee would be asked to provide a ready combat brigade or the equivalent. Assigned units in QRF status could be rotated into and out of the
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assignment. For example, the U.S. might rotate an Airborne Division, a Marine Division, a naval carrier or amphibious task force, or an air wing to meets its QRF obligations. Taken together, several such divisions and brigades from a dozen or more countries could constitute an air mobile corps, with ample air and naval support, available on 48–72 hours notice, and the remaining divisions and brigades could provide a second, heavier, sea-transportable corps. These forces would, of course, be national in character, but when passed to the UN for a mission they would be under UN operational control and would respond to the UN chain of command. They would fly the UN flag as well as keep their own. (p. 50)
17.
Lyons, Gene M. (1994). “A New Collective Security: The United Nations and International Peace.” The Washington Quarterly, 17(2):173–199. The purpose of this article by Lyons, Professor of Public Affairs at Dartmouth College, is to (1) summarize the United Nation’s An Agenda for Peace document/plan and its appendices, (2) examine the evolution of the UN Charter vis-à-vis matters of peace and security, (3) identify major changes in international policies that have been developing over time but have more fully emerged with the end of the cold war, (4) posit questions about what lessons can be learned from peacekeeping practices over the past forty years, and (5) drive home the significance of political leadership in mobilizing cooperation, peace, and security in today’s world.
18.
Malone, David M. (2003). “The Security Council in the Post-Cold War Era: A Study in the Creative Interpretation of the U. N. Charter.” Journal of International Law and Politics, Winter, 35(2):487–517. Malone, president of the International Peace Academy in New York City, states that My central thesis on the recent performance of the U. N. Security Council will be that, through its decisions over the past ten years, largely improvised and inconsistent though they be, the Council has, for good or ill, eroded the foundations of absolute conceptions of state sovereignty and fundamentally altered the way in which many of us see the relationship between state and citizen the world over. . . . Interpretations of what developments may constitute “threats to the peace,” interpretations of the terms of Chapter VII of the Charter, and practice under Chapter VII all have evolved significantly in the post-Cold War era without Charter amendment or a clean break with earlier interpretations. (p. 487)
The piece is comprised of the following sections: The Nature of the Conflicts Addressed by the Council and of Its Decisions, Enforcement of Chapter VII of the U. N. Charter, Role of Regional Organizations, Considerations Driving Council Decision Making (A. Humanitarian Assistance, B. Human Rights, C. Democracy, D. Terrorism); Institutional Developments (A. The
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Working Method of the Security Council, Secretary General and the Council, Judicial Review; B. International Criminal Law, Nongovernmental Organizations); Cumulative Impact of Council Decisions on National Sovereignty; and the Path Ahead (A. The United States and the United Nations, B. Africa, and C. Reform of the Security Council). 19.
McCoubrey, Hilaire, and Morris, Justin (2000). Regional Peacekeeping in the Post-Cold War Era. The Hague: Kluwer Law International. 252 pp. In this book, McCoubrey (professor of Law at the University of Hull in the United Kingdom) and Morris (lecturer in International Politics at the University of Hull) explore both the potential and the limitations of regional agencies (e.g., NATO, OSCE, OAU, ASEAN) as significant peace support actors at the beginning of the twenty-first century. The authors note that this book has been written “on a trans-disciplinary basis,” making use of both international relations and international law, and that is due to the presumption that such disciplines are not separable. Ultimately, they argue that the key to successful regional peacekeeping missions is to appropriately select amongst many options within the context of Article 53 of the UN Charter (which states that “The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional authorities without the authorization of the Security Council”) (p. 35).
20.
McWhinney, Edward (2000). The United Nations and a New World Order for a New Millennium: Self-Determination, State Succession, and Humanitarian Intervention. Cambridge, MA: Kluwer Law International. 120 pp. Taking note of the antinomies and contradictions inherent in Classical International Law categories like Territorial Integrity and the Self-determination of Peoples, the Non-Use-of-Force and Collective (regional) Self-Defense, the author, president of the Institut de Droit International, considers the direct conflicts, in the case of both Bosnia and Kosovo, between the United Nations Charter principle of Non-Intervention and the claimed “New” International Law principle of Humanitarian Intervention. The legally permissible modalities and structures and processes for exercise of humanitarian intervention, in accord with the United Nations Charter and general International law, are examined and assessed.
21.
Mertens, Thomas (2004). “Humanitarian Intervention: Legal and Moral Arguments,” pp. 215–232. In Georg Meggle (Ed.) Ethics of Humanitarian Interventions. Frankfurt: Ontos Verlag. Mertens reports that
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This paper wants to contribute to the discussion on humanitarian intervention by bringing the main legal and moral viewpoints together. First, it will briefly discuss public international law as it has developed within the setting of the Charter of the United Nations. After that, the current state of affairs within political philosophy will be displayed by paying attention to a number of leading theories, varying from the rejection of humanitarian intervention by Kant and Stuart Mill to the acceptance of a limited right of intervention by Walzer. Subsequently, assuming that such a right exists, I will ask what the corresponding duty should be. Here I will briefly discuss Hegel’s critique on Kant and Habermas’ hesitations regarding the Kosovo intervention. Finally, I will argue that a correct assessment of humanitarian intervention requires a new approach, and I suggest that Rawls’ The Law of Peoples constitutes such an approach. (pp. 14–15)
22.
Morris, Justin (1998). “Collective Security: The United Nations and the Challenge of the Future,” pp. 193–212. In Werner Kaltefleiter and Ulrike Schumacher (Eds.) The Rise of a Multipolar World. Frankfurt am Main: Peter Lang. In his introduction, Morris, lecturer in international politics at the University of Hull in Great Britain, comments as follows: The reasons for the failure of the UN to live up to the high hopes of the earlier months of the post-Cold War era are various and complex. Many of the criticisms were (and continue to be) based upon expectations which were themselves wholly unrealistic. The euphoria which surrounded the successful execution of operations in the Gulf War [against Iraq, which had invaded Kuwait,] gave rise to a clamor for UN involvement in numerous other crises. Such calls were based on artificially heightened, and at times erroneous, expectations, but it was against such hopes that subsequent judgments as to success were made. The problem was further exacerbated by the fact that in the words of the Charter itself the UN appears to make promises which it cannot live up to. Indeed, in its pronouncements over respect for human rights and self-determination, it pledges that which arguably the drafters themselves knew to be beyond the reach of an organization such as the (sic) which they sought to establish. The United Nations does not have an open license to act as it chooses, but must operate within constitutionally defined parameters. But these were drawn up over fifty years ago and, remaining largely unaltered to this day, appear to many to be outdated, leading inevitably to calls for reform. The limitations of the organization reflect the fact that it can only operate successfully on the basis of consensus amongst the sovereign states of which it is composed. Such agreement alone is not sufficient, however, for collective security organizations are also dependent upon the existence of a particular political environment if they are to function effectively. The issue of consensus, and the prevailing political environment in which the UN currently operates pose significant problems for the organization in the post-Cold War era. This paper aims to assess these problems and to look for potential solutions to them. (p. 194)
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The essay is comprised of the following sections: The Limits of Collective Security and the New Security Agenda, The Security Council and the Notion of “Security,” and The UN Security and the Politics of Consensus. 23.
Morrison, Alex (1994). “A Standing United Nations Military Force: Future Prospects,” pp. 185–204. In David A Charters (Ed.) Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. In the introduction to this piece, Morrison, executive director of the Canadian Institute of Strategic Studies in Toronto, notes the following: Chapter VII of the United Nations Charter deals with the subject of the permanent assigning of forces by member states to the United Nations, and with the Military Staff Committee. The easing of cold war tension between east and west, and the willingness of the successor states to the USSR to be more cooperative within the United Nations system, especially in the Security Council, have given rise to a more serious consideration of all aspects of the matter of a standing army. Recently, proposals that the United Nations ought to establish a permanent armed force to be used on the decision of the Security Council have resurfaced. This essay will examine the reasons behind the inclusion of the stand-
ing military force concept in the UN Charter, outline the purposes for which it was intended, raise and discuss the factors that must be taken into consideration prior to implementation, and suggest alternative methods of achieving the same end. (p. 185) 24.
Muller, Joachim (Ed.) (1998). Reforming the United Nations: New Initiatives and Past Efforts. Boston, MA: Kluwer Law International. 3 Volumes. 3,464 pp. This three volume set is comprised of every major reform proposal for improvement of the United Nations since its origin. Muller, the compiler and editor, did not attempt to evaluate the validity or value of any of the proposals. In a review of the book (in Foreign Affairs, May/June 1998), scholar Francis Fukuyama made the following observation: “The sheer volume of writing on the issue of U.N. reform is testimony to the dysfunctional and perhaps ultimately unreformable character of the organization” (p. 133).
25.
Murphy, Sean D. (1996). Humanitarian Intervention: The United Nations in an Evolving World Order. Philadelphia: University of Pennsylvania Press. 427 pp.
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A major study of the complexities of humanitarian intervention, this book was the recipient of a Certificate of Merit from the American Society of International Law. Written by an individual who was formerly with the office of the legal adviser of the U.S. Department of State and who later served as counselor for legal affairs at the U.S. Embassy in the Hague, this book addresses the following questions: “Should states be allowed to intervene militarily in the affairs of other states to prevent human rights deprivation—an action commonly referred to as ‘humanitarian intervention’?”; and “If so, under what conditions should such intervention occur?” Murphy provides an in-depth examination of the historical development of the various constraints on the use of force, and does so by examining incidents of humanitarian intervention prior to, during, and after the cold war. In regard to cases of genocide, he examines the cases of intervention in Bosnia and Rwanda. The book is comprised of eight chapters: 1. “Humanitarian Intervention: Preliminary Considerations” (A. Humanitarian Intervention Defined, B. Law, Morality, and Political Theory, and C. Methodology); 2. “Humanitarian Intervention Prior to the UN Charter” (A. Ancient Legal Traditions; B. Christian Legal Traditions; C. The Rise of the Nation-State: Grotius and Vattel; D. The Growth of Positive Law; E. The Era of the Concert of Europe; and F. The Convenant of the League of Nations and the Kellogg-Briand Pact); 3. “The UN Charter: Origins and Text”; 4. “Intervention During the Cold War (1945–1989)”; 5. “Incidents of Intervention After the Cold War” (including Bosnia-Herzegovina, 1992, and Rwanda, 1994); 6. “The United Nations and Humanitarian Intervention” (A. The Evolving Nature of “Threats to Peace”; B. Promises and Problems in the Security Council’s New Role; C. A Duty to Intervene? D. The Structure of the Security Council and the Role of Other UN Organizations; E. The Means for UN Humanitarian Intervention; F. The Limits of Humanitarian Intervention; G. Key Difficulties Encountered to Date; and H. Improvements for Future Interventions); 7. “Regional Organizations and Humanitarian Intervention” (A. Regional Arrangements Under the Charter; B. Applying Chapter VII to Humanitarian Invention — 1. Practices, 2. Prospects); and 8. “Unilateral Humanitarian Intervention” (A. Rules-Oriented Approach, B. Policy-Oriented Approach, C. Philosophy-Oriented Approach, D. The Security Council as Authoritative Decisionmaker, and E. Toward Criteria for the Conduct of Unilateral Humanitarian Intervention). 26.
Nardin, Terry (2002). “The Moral Basis of Humanitarian Intervention.” Ethics & International Affairs, 16 (1): 57–70. Nardin first observes and then asserts the following:
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Humanitarian intervention is usually discussed as an exception to the nonintervention principle. According to this principle, states are forbidden to exercise their authority, and certainly to use force, within the jurisdiction of other states. The principle finds firm support in the UN Charter, which permits a state to defend itself from attack but forbids the use of armed force against . . . other states. . . . [T]hese provisions prohibit armed intervention, including intervention to protect human rights. [I]n general, humanitarian intervention finds scant support in modern international law. There is . . . a much older tradition in which the use of force is justified . . . punish wrongs and protect the innocent. This tradition is in some tension with modern international law and especially with the UN Charter. It holds that armed intervention is permissible to enforce standards of civilized conduct when rulers violate these standards, and finds expression today in the widely held opinion that states, acting unilaterally or collectively, are justified in enforcing respect for human rights. It is this enduring tradition, not current international law, that best explains the moral basis of humanitarian intervention. My strategy in this article is to relocate the discussion of humanitarian intervention, moving it out of the discourse of sovereignty and self-defense and into the discourse of rectifying wrongs and protecting the innocent. First, I examine arguments made in early modern Europe for using armed force to uphold natural law. I want to understand how what we now call humanitarian intervention was conceived by moralists, theologians, and philosophers writing about international relations before the emergence of modern international law. . . . Second, I consider how humanitarian intervention is justified within a powerful reformulation of natural law worked out by philosophers influenced by Immanuel Kant. This post-Kantian version of natural law, which I follow Alan Donagan in calling “common morality,” suggests why humanitarian intervention remains morally defensible despite modern efforts to make it illegal. (pp. 57–58)
27.
Osmanczyk, Edmund Jan (1990). The Encyclopedia of the United Nations and International Relations. New York: Taylor and Francis. 1,220 pp. This volume contains entries on thousands of international agreements, conventions and treaties. It also provides explanations of widely used political, economic, military, geographical, sociological, diplomatic, and international law terms.
28.
Petersmann, Ernst-Ulrich (1997). “How to Reform the UN System? Constitutionalism, International Law, and International Organizations.” Leiden Journal of International Law, 10(3): 421–474. Petersmann, professor of Law at the University of Geneva, argues that “European integration law suggests that ‘international constitutionalism’ offers the most effective approach for strengthening the rule of law and cooperation among democracies”—and thus, is the way to make farreaching changes within the UN system in regard to actually achieving the
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objectives of the UN Charter (e.g., the protection of human rights and the maintenance of peace). 29.
Pugh, Michael (Ed.) (1997). The UN, Peace, and Force. London: Frank Cass and Company. 209 pp. This volume, edited by a senior lecturer in international relations at the University of Plymouth in the UK and the editor of International Peacekeeping, is comprised of a collection of essays on a wide range of cuttingedge topics that face the peacekeeping community at the beginning of the twenty-first century. The ten essays are: “The United Nations and the Collective Use of Force: Whither or Whether?”; “The UN Charter and Peacekeeping Forces: Constitutional Issues”; “Assessing the Success of UN Peacekeeping Operations”; “Enforcement Measures Under Chapter VII of the UN Charter: UN Practice After the Cold War”; “Securing Observance of UN Mandates Through the Employment of Military Force”; “Weapons Control in Semi-Permissive Environments: A Case for Compellence”; “Humanitarian Intervention Revisited: Post-Cold War Responses to Classical Problems”; “Utopian or Pragmatic? A UN Permanent Military Volunteer Force”; and “From Mission Cringe to Mission Creep? Concluding Remarks.” It also includes a five-page select bibliography.
30.
Rodley, Nigel (Ed.) (1992). To Loose the Bands of Wickedness: International Intervention in Defence of Human Rights. London: Brasseys. 287 pp. The authors in this volume examine the issue of evolving view of the right to humanitarian intervention and its impact of domestic jurisdiction and the ramifications of such for Article 2(7) of the United Nations Charter.
31.
Ryan, Stephen (1992). “The United Nations and the Resolution of Ethnic Conflict,” pp. 105–135. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. This chapter is comprised of the following sections: Introduction; The Processes of Ethnic Conflict Resolution (Peacekeeping and the United Nations, Peace-Making and the United Nations, Peace-Building and the United Nations, Conflict Avoidance and the UN, Protection of Ethnic Minorities), and Conclusion. At the outset of his essay Ryan asserts that some of those who doubt that the UN can play a positive role in addressing ethnic conflict claim that despite its name, [the UN] is an organization of states, and is primarily concerned with relations between these sovereign entities. Since many states feel threatened by ethnic sentiments held by groups of their population, they have,
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it is claimed, a vested interest in keeping ethnic issues off the UN agenda. . . . A further reason for doubting that the UN can play an effective role is that since many, but by no means all, ethnic conflicts are fought within the borders of a single sovereign state, they can be characterized as being within the domestic jurisdiction of the state concerned. [Many believe] this effectively inhibits UN involvement because of Article 2(7) of the UN Charter. (p. 108)
Ryan goes on to state that “what is really interesting about the rule of the UN, however, given these limitations, is not how infrequently the organization has become involved in ethnic conflict but how much time the organization has in fact devoted to such issues” (p. 109). Ryan concludes by stating that “on the whole, the past record of the UN in responding to violent and protracted ethnic conflict is mixed. Where activities have been undertaken, they seem to have evolved in an ad hoc manner, and it is noteworthy that the UN Charter makes no mention of peace-keeping or peace-building activities, and does not mention ethnic groups” (p. 129). Though this essay is dated (e.g., Ryan concludes by stating “No UN peacekeeping forces have been deployed to areas of severe ethnic conflict since . . . 1978” (p. 132), it is still an essay worthy of consideration. 32.
Scheffer, David J. (1998). “U.N. Engagement in Ethnic Conflict,” pp. 147–177. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. Scheffer, U.S. ambassador at large for war crimes issues, notes that This chapter examines how the United Nations engages in ethnic conflicts. . . . The law and practice of the United Nations in this area have evolved at an accelerating pace during the 1990s and in ways that would have astonished the framers of the Charter in 1945. They would not have anticipated that ethnic conflicts of largely internal character would necessitate U.N. engagement on so many fronts. But population growth, refugee flows, trade in conventional arms, the collapse of cold war discipline imposed by the superpowers, and the pursuit of power by local warlords for personal, nonideological gain have combined to create societies within which ethnic tensions—often already fueled by traditional interethnic bigotry—explode in ways that demand international attention. I . . . focus broadly on how the United Nations engages in ethnic conflicts, beginning in Part I with the goals of U.N. engagement. These goals include containment of ethnic conflicts, support for self-determination, promotion of democracy, and institution building. The legal basis for the pursuit of these goals, particularly by the Security Council, is examined in Part II. Central to this is analysis of the legal authority for peaceful measures (primarily under Chapter VI of the U.N. Charter), the legal authority for coercive measures (under Chapter VII or VIII of the Charter), and the legal authority for norm elabora-
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tion and quasi-judicial pronouncements (such as by the General Assembly or Economic and Social Council). Such legal authority has itself evolved in recent years to reveal the U.N. Charter as a living document . . . Part III of this chapter examines the means by which the United Nations seeks to implement its policy goals. In particular, Part III discusses seven modes of engagement in ethnic conflicts: hortatory actions, diplomatic intervention, sanctions, military and humanitarian interventions, implementation of peace agreements, and international judicial intervention. In the conclusion, this chapter will discuss both the strengths and weaknesses of U.N. approaches to ethnic conflicts. (p. 147)
33.
Scheffer, David J. (1995). “United Nations Peace Operations and Prospects for a Standby Force.” Cornell International Law Journal, 28(3):649–660. Written when he was senior adviser and Counsel to the U.S. permanent representative to the United Nations, Scheffer addresses the following issues herein: (1) The original intention behind Article 43 of the U.N. Charter and its fate directly after World War II; (2) Efforts in the 1990s to improve stand-by or rapid reaction capabilities; (3) UN Secretary General Boutros Boutros-Ghalis’ 1995 proposal (“Supplement to the Agenda for Peace”) for a rapid reaction force; (4) Various government proposals for a rapid reaction force; and (5) “Pragmatic next steps.”
34.
Sutterlin, James S. (1998). “Early Warning and Conflict Prevention: The Role of the United Nations,” pp. 121–129. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. In this short essay, Sutterlin, distinguished fellow in UN studies and a lecturer at Yale University, discusses the following issues regarding the role of the United Nations in early warning and conflict prevention work: the UN Charter Mandate; elements of early warning (information, analysis, the channel relationship between those submitting the early warning messages and those who have the power to take preventive action, institutional division of labor, regional organizations); and conflict prevention (responsibility, prevention requests, and division of labor).
35.
Tesón, Fernando R. (1996). “Changing Perceptions of Domestic Jurisdiction and Intervention,” pp. 29–51. In Tom Farer (Ed.) Beyond Sovereignty: Collectively Defending Democracy in the Americas. Baltimore, MD: The Johns Hopkins University Press. In his introduction to this essay, Tesón, professor of Law at Arizona State University, states the following: The Charter of the United Nations prohibits the organization from intervening “in matters which are essentially within the domestic jurisdiction of any
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state.” This limitation does not apply to the enforcement measures taken by the UN Security Council under Chapter VII of the Charter. The prohibition in Article 2(7) is but one instance of a broader duty of international organizations and states not to intervene in matters that fall within the domestic jurisdiction of sovereign states. Yet the principles and policies that govern unilateral intervention differ substantially from those that govern collective intervention, especially intervention authorized by international organizations such as the United Nations and the Organization of American States. In this chapter, I discuss collective intervention authorized by the UN Security Council with a special emphasis on the concept of exclusive domestic jurisdiction, first examining the different meanings of the notoriously ambiguous word intervention. Because the legitimacy of collective intervention depends in part on whether the matter falls within the domestic jurisdiction of the target state, I then discuss contemporary views of domestic jurisdiction. Finally, I discuss collective humanitarian intervention under the principles of the UN Charter and examine the practice of the Security Council since the end of the Cold War. (p. 29)
The essay is comprised of the following sections: Soft, Hard, and Forcible Intervention; Exclusive Domestic Jurisdiction; Human Rights; Form of Government: Democracy; and Collective Humanitarian Intervention (General Principles; Iraq and the Kurds, 1991; Somalia, 1992–1993; and Haiti, 1994). 36.
Tomes, Robert (2000). “Operation Allied Force and the Legal Basis for Humanitarian Interventions.” Parameters, Spring, 30 (1): 38–50. This article presents a discussion of international law arguments against NATO’s bombing campaign of Kosovo in 1999, suggests that the operation should be considered legitimate, and concludes with a jus cogens argument—similar to a natural law argument—in support of intervention to stop gross violations of human rights. The article is comprised of the following sections: Ethnopolitical Conflict as a Justification for Intervention in Yugoslavia; Humanitarian Intervention, Aggression and the Legalist Paradigm; Nonintervention; UN Charter Chapter VII Enforcement Measures; International Law and the Use of Force; Threats to Peace and Intervention; and Conclusion: Is There a Jus Cogens Argument to be Made?
37.
Wheatley, Steven (1999). “The NATO Action Against the Federal Republic of Yugoslavia: Humanitarian Intervention in the Post-Cold War Era.” Northern Ireland Legal Quarterly, 59 (4): 478–514. In this article, Wheatley, faculty of Law at the University of the West of England, examines the legality of the NATO intervention in Kosovo. In doing so, he discusses the following: the background to the humanitarian
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tragedy, the application of provisions on collective security under the charter of the United Nations, and the extent to which the international community recognizes a right of intervention by military force to prevent massive human rights violations. The article is comprised of the following sections: Introduction; The Background to a Tragedy; The Use of Force to Prevent Humanitarian Suffering; The Security Council and Intervention to Prevent Humanitarian Suffering; Collective Intervention Under the Charter of the United Nations; Case Concerning Legality of Use of Force; The Legality of the NATO Intervention; Humanitarian Intervention; Intervention to Prevent a Humanitarian Catastrophe; The Debates in the Security Council; The Practices of States; The ECOMOG Intervention in Liberia (1990–1991); The Allied Intervention in Iraq (1991–92); The Criteria for Intervention on Humanitarian Grounds; Humanitarian Intervention and Self-Determination; The NATO Intervention in the Federal Republic of Yugoslavia: A Just War?; and Conclusion: The Legality of the NATO Intervention. 38.
Wheeler, Nicholas J. (2002). “Decision-making Rules and Procedures for Humanitarian Intervention.” The International Journal of Human Rights, Spring, 6(1): 127–138. Wheeler contests Mohammed Ayoob’s position in the latter’s article entitled “Humanitarian Intervention and State Sovereignty (in The International Journal of Human Rights, Spring 6(1):81–102). (See Annotation # 3.) More specifically, Wheeler argues that First, Ayoob’s criticism of the role played by the Security Council in authorizing intervention in the 1990s ignores the significant role it has placed in legitimating what UN Secretary-General Kofi Annan called a “developing international norm” to protect civilians from slaughter. Second, his critique of NATO’s unilateralism over Kosovo fails to address the fundamental issue as to how states should react if there is a clash between the moral imperative to end mass slaughter and specific legal provisions of the UN Charter. . . . Finally, I will argue that Ayoob’s substantive principles for a legitimate humanitarian intervention are simply unrealistic, and that centralizing decision-making in the hands of a “Humanitarian Council” raises equally troubling issues of legitimacy to those that arise in relation to current institutional mechanisms. (pp. 127–128)
39.
Weiss, Thomas G. (1993). “Intervention: Whither the United Nations?” The Washington Quarterly, 17(1):109–128. In his introduction, Weiss (research professor at Brown University’s Thomas J. Watson Institute for International Studies) posits a question, and then delineates the focus of his paper: “But can we conclude that a new consensus is emerging about international intervention, especially to sustain
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humanitarian objectives? In order to answer what daily headlines remind us is of one of the most critical foreign policy questions of our times, in this article I analyze some recent interventions, examine five key policy propositions, and conclude with three policy recommendations” (p. 110). The three policy recommendations are: (1) Give priority to prevention, (2) Do it right or not at all, and (3) Be prepared for triage.
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2 Chapter VI of the UN Charter
40.
Kolodziej, Edward A. (2000). “The Great Powers and Genocide: Lessons from Rwanda.” Pacifica Review, 12(2):121–145. This article is comprised of three main sections: 1. A summary of the “prevailing, if circumscribed, moral and legal consensus against genocide—accompanied by three lines of argument on how to broaden the foundation of this consensus” (p. 120); 2. an examination of the Rwandan genocide and an identification of the main political and strategic constraints that were at play in the failure of the United Nations and the great powers to, both in the past as well as in the present, adequately address the matter of genocide; and 3. a proposal that suggests how the UN’s capacity could be strengthened for the express purpose of establishing an effective anti-genocide regime. While agreeing with some that there is little likelihood that a rapid action force under the auspices of the United Nations will come to fruition any time soon, Kolodziej delineates how an anti-genocide regime could be strengthened through a variety of proposals: “(1) strengthening UN intelligence capabilities; (2) enhancing the UN’s capacity for local political risk analysis; (3) clarifying the criteria for applicable responses under Chapter VI and VII of the UN Charter; (4) creating a military staff committee; (5) strengthening the earmarking of military forces from national contingents for Chapter VI and VII security operations; and (6) developing closer liaison and joint planning operations between the United Nations and regional security organizations and their member states” (p. 139). Kolodziej discusses each component in a fair amount of detail. 69
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41.
Scheffer, David J. (1998). “U.N. Engagement in Ethnic Conflict,” pp. 147–177. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. Scheffer, U.S. ambassador at large for war crimes issues, notes that I have chose to focus broadly on how the United Nations engages in ethnic conflicts, beginning in Part I with the goals of U.N. engagement. These goals include containment of ethnic conflicts, support for self-determination, promotion of democracy, and institution building. The legal basis for the pursuit of these goals, particularly by the Security Council, is examined in Part II. Central to this is analysis of the legal authority for peaceful measures (primarily under Chapter VI of the U.N. Charter), the legal authority for coercive measures (under Chapter VII or VIII of the Charter), and the legal authority for norm elaboration and quasi-judicial pronouncements (such as by the General Assembly or Economic and Social Council). Such legal authority has itself evolved in recent years to reveal the U.N. Charter as a living document that can be applied effectively, at least in theory and sometimes in practice, to contemporary challenges. (p. 147)
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3 Chapter VII of the UN Charter
42.
Akhavan, Payam (1995). “Enforcement of the Genocide Convention: A Challenge to Civilization.” Harvard Human Rights Journal, 8:229–258. Legal Adviser in the Office of the Prosecutor for the International Criminal Tribunal for the Former Yugoslavia, Akhavan’s is an essay comprised of the following parts and sections: I. Genocide in the Twentieth Century; II. Enforcement By Means of Judicial Mechanisms Under the Convention (A. National Courts; B. A Permanent International Penal Tribunal; C. Ad Hoc International Penal Tribunals; D. The Contentious Jurisdiction of the International Court of Justice); III. Enforcement Action Through the “Competent Organs of the United Nations” (A. Security Council Action Under Chapter VII of the Charter; B. The Role of the U.N. Secretary General); and IV. The Challenge to Civilization.
43.
Arend, Anthony Clark, and Beck, Robert J. (1993). International Law and the Use of Force: Beyond the UN Charter Paradigm. London: Routledge. 272 pp. In this book, Arend (professor of Government at Georgetown University) and Beck (professor of International Law and Organization in the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia) blend traditional conceptions concerning the use of force under international law with new theoretical insights to suggest a new paradigm on the use of force in contemporary international relations. The book is comprised of four parts and ten chapters: Part I: Introduction (1. “International Law and the Use of Force”; 2. “Historical Overview: The 71
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Development of the Legal Norms Relating to the Recourse to Use Force”); Part II: The United Nations Charter Paradigm (3. “The United Nations Charter Framework for the Resort to Force”; 4. “Collective Use of Force Under the United Nations Charter”); Part III: Challenges to the Charter Paradigm (5. “Anticipatory Self-Defense”; 6. “Intervention in Civil and Mixed Conflicts”; 7. “Intervention to Protect Nationals”; 8. “Humanitarian Intervention”; 9. “Responding to Terrorism”); and Part IV: Conclusions Beyond the Charter Paradigm (10. “International Law and the Recourse to Force: A Shift in Paradigms”). The authors include short but interesting comments on the genocides in Bangladesh and Cambodia, and the interventions in each by, respectively, India and Vietnam. 44.
Ayoob, Mohammed (2002). “Humanitarian Intervention and State Sovereignty.” The International Journal of Human Rights, Spring, 6(1):81– 102. This essay is comprised of the following sections: Sovereignty as Authority, Human Rights and Sovereignty, The New Interventionism, Sovereignty as Responsibility, Humanitarian Concerns and National Interest, Humanitarian Interventions and Double Standards Determining International Will, Potential for Abuse, State Making and Violence, Humanitarian Intervention and Chapter VII, and Need for a New Mechanism.
45.
Chimni, B. S. (2002). “A New Humanitarian Council for Humanitarian Interventions?” The International Journal of Human Rights, Spring, 6(1):103–112. In the introduction to this piece, Chimni calls for the establishment of what he deems the Humanitarian Council, whose express purpose would be to decide when a humanitarian intervention is needed and then to call for it. In part, he asserts that The phenomenon of armed “humanitarian intervention” represents a central problem of our times. On the one side, there is the fundamental international principle of sovereignty which dictates non-intervention into the internal affairs of states and on the other, there is the growing belief that the international community should prevent the massive and systemic violations of human rights by any state. The two inevitable questions that flow from the antinomy are: first, when is the violation of human rights of a nature that the principles of sovereignty and non-intervention can be trumped? Second, what action is necessary and by whom? (p. 103)
This essay is comprised of the following sections: The Concept of “Humanitarian Intervention” and the Problem of Selectivity; The Original Purpose of Chapter VII?; The Complex UN Amendment-Process; The Humanitarian Council: Will It Help; and Alternative Proposals.
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Ciechanski, Jerzy (1997). “Enforcement Measures Under Chapter VII of the UN Charter: UN Practice After the Cold War,” pp. 82–104. In Michael Pugh (Ed.) The UN, Peace, and Force. London: Frank Cass and Company. This provocative essay by Ciechanski, professor of Political Science at the University of Dayton, Ohio, is comprised of the following sections: PostCold War Resolutions Under Chapter VII, Chapter VII as Legitimizer of Legal Uses of Force, The Mistake of “Forcible Peacekeeping,” and International Legislation by the Security Council. Among the conflicts the author alludes to and/or discusses are those in the former Yugoslavia, the plight of the Kurds in northern Iraq in the late 1980s, and the 1994 genocide in Rwanda. In concluding his essay, Ciechanski, writes, in part, as follows: States have reviewed their positions and begun expressing reservations about the Security Council’s use of Chapter VII. A number of Third World countries have quite consistently stressed the importance of the inviolability of the domestic jurisdiction of states which should not be circumvented by the Security Council under any pretext. [For example,] after the Gulf War, several major countries (e.g., China, India, and Zimbabwe) were uneasy about the Security Council taking up in resolution 688 (5, April, 1991), the question of gross violations by the government of Iraq of human rights of Iraqi Kurds and Shi’i Muslims, believing that the Council transgressed the limits of its jurisdiction. China and Zimbabwe took an identical position during the Security Council debate (13 and 16 November 1992) on human rights abuses in Yugoslavia. Finally, since August 1994, Burundi has continually rejected, as an intervention in its internal affairs, offers by the Secretary General and Security Council of a UN peacekeeping force to contain growing tribal violence. As an expression of resistance to the Security Council’s improper encroachments, the 1992 Non-Aligned Conference called on the UN to always remain “in full respect of the principles of sovereignty and non-interference in the internal affairs of states.” Furthermore, since the 1991 Gulf War, many Third World states have also insisted on a restructuring which would make the Security Council even less capable of decisive action.
The Western states have also lost some of their early enthusiasm, especially with regard to large intrusive peacekeeping operations. They seem to be less concerned with legal and more with practical limits of Security Council activism in the Westphalian international system. Some of the force suppliers rejected the notion of their contingents being used in forcible military operations either under Chapter VII or under the rules of self-defense, the scope of which broadened considerably as the peacekeeping mandates became more activist. (pp. 97–98) 47.
Eliasson, Jan (2000). “Establishing Trust in the Healer: Preventive Diplomacy and the Future of the United Nations,” pp. 215–239. In Kevin M.
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Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Eliasson, the United Nations first under-secretarygeneral for humanitarian affairs, notes that “This chapter begins with an examination of how the pattern of conflicts has changed in the post-Cold War period, and how these conflicts can involve the United Nations in all stages, from early warning, fact finding, the peaceful settlements of disputes and peacekeeping to action under Chapter VII of the UN Charter.” 48.
Gow, James (1998). “Nations, States, and Sovereignty: Meanings and Challenges in Post-Cold War International Security,” pp. 171–210. In Christopher Dandeker (Ed.) Nationalism and Violence. New Brunswick, NJ: Transaction Publishers. The essay is comprised of the following sections: The Sovereign State System; Nationalism, Sovereignty, and Self-Determination; The Serbian Snake; Sovereignty and Self-Determination: Yugoslavia and the Meaning of Nation; Chapter VII Measures: Intervention and Enforcement After the Cold War; and Sovereignty and Security: New Bearings.
49.
Gowlland-Debbas, Vera (Ed.) (2001). UN Sanctions in International Law. The Hague: Kluwer Law International. 408 pp. The essays in this volume were first presented at a colloquium organized by the Graduate Institute of International Studies in Geneva, Switzerland. It is comprised of thirty-one papers, eight of which are in French. Part I of the volume is comprised of theoretical issues; Part II addresses many of the humanitarian issues at stake when sanctions are applied; Part III includes eight essays on the imposition and implementation of UN Security Council sanctions resolutions; and Part IV examines the future of sanctions. Among the topics addressed in the various essays are: the ongoing and numerous disputes over the definition of sanctions; the concept of sanctions in international law; the evolution of sanctions practices under Chapter VII of the UN Charter; unilateral sanctions (or those issued by a single state); the difficulty in reconciling humanitarian concerns with the need for effective sanctions; the insertion of a sanctions dimension into the world of human rights monitoring; the elimination of economic of sanctions in favor of diplomatic sanctions; and greater use of preventive measures, such as peacemaking and the peaceful settlement of disputes, in lieu of economic sanctions. The various authors consider both “vertical sanctions” (those imposed by the UN Security Council) as well as “horizontal sanctions” (those imposed state to state).
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Harff, Barbara (1993). “An Early Warning System is Needed.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:3–5,12. As part of a forum (“A Forum on Prevention of Genocide and Mass Killing”) organized by the New York City-based Institute for the Study of Genocide, and in response to two questions (“What should be the preconditions for creating and recognizing new states and retracting (or suspending) recognition?” and “What other solutions would you recommend to rectify the past discrimination of regional or dispersed minorities who have experienced denial of civil and political rights?”) posited to the panelists, Harff (professor of Political Science at the U.S. Naval Academy) addresses the following issues, among others: state formation and recognition, the human rights/aid linkage, international monitoring and protection, humanitarian intervention, role of the UN, and the need for the development of an effective early warning system. In regard to the issue of prevention and intervention, Harff comments that It is now widely accepted that the right to territorial integrity does not include the right to treat one’s citizens as one pleases, such as starving people into submission or creating genocide. . . . Collective intervention is allowed under Chapter VII of the UN Charter, and Article 34 empowers the Security Council to investigate disputes causing international friction. There are at least seven other circumstances under which states have a lawful right to intervene. Intervention is not a synonym for military intervention. In many cases international pressures and diplomacy can forestall crises at an early stage. Cases in which local leaders do not desist from mass killings and genocide, despite diplomatic efforts, sanctions, and selective application of force, may warrant military intervention. Intervenors must provide necessity and proportionality: military intervention has to be shown to be imperative and should remain the last resort. (p. 4–5)
51.
Heuser, Beatrice (1997). “Sovereignty, Self-Determination, and Security: New World Orders in the Twentieth Century,” pp. 81–104. In Sohail H. Hashmi (Ed.) State Sovereignty: Change and Persistence in International Relations. University Park: The Pennsylvania State University Press. In the introduction to her essay, Heuser, senior lecturer in war studies at King’s College London, makes the following assertions: Sovereignty . . . is an impediment to the global rule and application of law: first, it is not stated explicitly in the UN Charter or in any subsequent UN resolution that the United Nations has the right to intervene in the internal affairs of a sovereign state, even if this state’s government or a group unchecked by the government is breaking the state’s commitments to the observation of the UN Charter and the human rights convenants. [S]ome interventions have
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occurred . . . in Cambodia, Iraq, and Somalia, [b]ut they have been carried out on an ad hoc basis, emphasizing the Security Council’s rights under Chapter VII as opposed to the sovereign rights of a state under Article 2 (7). And no steps have been taken to ensure a universal and consistent application of such intervention if the government of a state is clearly disregarding its engagement to uphold human rights. Second, any UN resolution has to be reached by the Security Council whose permanent members, as states more sovereign than others, so to speak, have a veto power. Third, the enforcement of a UN resolution . . . depends on the free choice of the governments of all the other sovereign member states to help implement it. . . . As E. H. Carr [in The Twenty Years’ Crisis. London: Macmillan, 1991] argued, [a] fundamental problem underlying attempts to enforce international law is the divergence between the ideal of justice and the reality of power . . . ; realists have pointed to the facts of the distribution of power: the sovereign great powers cannot be made to obey international law (or even to execute it against a third-party offender) except in extreme cases in which other greater powers compel them to do so, willing to incur the costs of applying force. If great powers happened to be unanimously opposed to the behavior of a smaller power, they can usually threaten it sufficiently to force it to comply with the rules dictated by them. If the great powers are not in agreement, however, small powers can usually play them off against each other and thus evade the enforcement of the rules. (p. 81)
This essay is comprised of the following sections: The Concert of Europe: Oligarchy; The League of Nations: Collective Security; The United Nations: Oligarchy in Collective Security; The Cold War: Non-War Between Integrated Alliances; Options for Post-Cold War Security; Toward a New Model; and Unresolvable Problems? 52.
Kolodziej, Edward A. (2000). “The Great Powers and Genocide: Lessons from Rwanda.”Pacifica Review, 12(2):121–145. This article is comprised of three main sections: 1. a summary of the “prevailing, if circumscribed, moral and legal consensus against genocide—accompanied with three lines of argument to broaden the foundation of this consensus” (p. 120); 2. an examination of the Rwandan genocide and an identification of the main political and strategic constraints that were at play in the failure of the United Nations and the great powers to, both in the past as well as in the present, adequately address the matter of genocide; and 3. a proposal that suggests how the UN’s capacity could be strengthened in order to create an effective anti-genocide regime. While agreeing with some that there is little likelihood that a rapid action force under the auspices of the United Nations will come to fruition anytime soon, Kolodziej delineates how an anti-genocide regime could be strength-
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ened through a variety of proposals. In part, he asserts that there is a critical need to clarify the criteria for applicable responses under Chapter VI and VII of the UN Charter, and strengthening the earmarking of military forces from national contingents for Chapter VI and VII security operations. 53.
Malone, David M. (2003). “The Security Council in the Post-Cold War Era: A Study in the Creative Interpretation of the U. N. Charter.” Journal of International Law and Politics, Winter, 35(2):487–517. Malone, president of the International Peace Academy in New York City, states that My central thesis on the recent performance of the U. N. Security Council will be that, through its decisions over the past ten years, largely improvised and inconsistent though they be, the Council has, for good or ill, eroded the foundations of absolute conceptions of state sovereignty and fundamentally altered the way in which many of us see the relationship between state and citizen the world over. . . . Interpretations of what developments may constitute “threats to the peace,” interpretations of the terms of Chapter VII of the Charter, and practice under Chapter VII all have evolved significantly in the post-Cold War era without Charter amendment or a clean break with earlier interpretations. (p. 487)
This piece is comprised of the following sections: The Nature of the Conflicts Addressed by the Council and of Its Decisions; Enforcement of Chapter VII of the U. N. Charter; Role of Regional Organizations; Considerations Driving Council Decision Making (A. Humanitarian Assistance; B. Human Rights; C. Democracy; D. Terrorism); Institutional Developments (A. The Working Method of the Security Council, Secretary General and the Council; B. Judicial Review; C. International Criminal Law; D. Nongovernmental Organizations); Cumulative Impact of Council Decisions on National Sovereignty; and the Path Ahead (A. The United States and the United Nations; B. Africa; and C. Reform of the Security Council). 54.
Meron, Theodor (1996). “The Normative Impact on International Law of the International Tribunal for Former Yugoslavia,” pp. 211–231. In Yoram Dinstein and Mala Tabory (Eds.) War Crimes in International Law. The Hague: Martinus Nijhoff Publishers. In part, Meron discusses the creation of an ad hoc international criminal tribunal and the hope that it would contribute to the restoration of peace; and then goes on to note and discuss the fact that “it was on this basis pursuant to Chapter VII of the UN Charter that the Security Council decided in Resolutions 808 and 827 to establish such a tribunal” (p. 211).
55.
Morrison, Alex (1994). “A Standing United Nations Military Force: Future Prospects,” pp. 185–204. In David A Charters (Ed.) Peacekeeping and the
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Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. In the introduction to this piece, Morrison, executive director of the Canadian Institute of Strategic Studies in Toronto, notes the following: Chapter VII of the United Nations Charter deals with the subject of the permanent assigning of forces by member states to the United Nations, and with the Military Staff Committee. The easing of cold war tension between east and west, and the willingness of the successor states to the USSR to be more cooperative within the United Nations system, especially in the Security Council, have given rise to a more serious consideration of all aspects of the matter of a standing army. Recently, proposals that the United Nations ought to establish a permanent armed force to be used on the decision of the Security Council have resurfaced. The discussions have revealed a lack of understanding of all of the factors involved in such a course of action, including those of command and control, finance, training, and freedom of use and movement. In fact, actions already taken by individual states in designating forces for use with the United Nations have, in effect, created a standing military force.
This essay will examine the reasons behind the inclusion of the standing military force concept in the UN Charter, outline the purposes for which it was intended, raise and discuss the factors that must be taken into consideration prior to implementation, and suggest alternative methods of achieving the same end. (p. 185) 56.
Murphy, Sean D. (1996). Humanitarian Intervention: The United Nations in an Evolving World Order. Philadelphia: University of Pennsylvania Press. 427 pp. This is a major study of the complexities of humanitarian intervention. Written by an individual who was formerly in the office of the legal adviser of the U.S. Department of State and who later served as counselor for legal affairs at the U.S. Embassy in the Hague, this book addressees the following fundamental questions: “Should states be allowed to intervene militarily in the affairs of other states to prevent human rights deprivation—an action commonly referred to as ‘humanitarian intervention’?”; and “If so, under what conditions should such intervention occur?” Murphy provides an indepth examination of the historical development of the constraints on the use of force via the lens of incidents of humanitarian intervention prior to, during, and after the cold war. In regard to cases of genocide, he examines cases of interventions in Bosnia (1990s) and Rwanda (1994). The book is comprised of eight chapters: 1. “Humanitarian Intervention: Preliminary Considerations” (A. Humanitarian Intervention Defined; B.
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Law, Morality, and Political Theory; and C. Methodology); 2. “Humanitarian Intervention Prior to the UN Charter” (A. Ancient Legal Traditions; B. Christian Legal Traditions; C. The Rise of the Nation-State: Grotius and Vattel; D.The Growth of Positive Law; E. The Era of the Concert of Europe; and F. The Convenant of the League of Nations and the Kellogg-Briand Pact); 3. “The UN Charter: Origins and Text”; 4. “Intervention During the Cold War (1945–1989)”; 5. “Incidents of Intervention After the Cold War” [including Bosnia-Herzegovina, 1992, and Rwanda, 1994]; 6. “The United Nations and Humanitarian Intervention” (A. The Evolving Nature of “Threats to Peace”; B. Promises and Problems in the Security Council’s New Role; C. A Duty to Intervene? D. The Structure of the Security Council and the Role of Other UN Organizations; E. The Means for UN Humanitarian Intervention; F. The Limits of Humanitarian Intervention; G. Key Difficulties Encountered to Date; and H. Improvements for Future Interventions); 7. “Regional Organizations and Humanitarian Intervention” (A. Regional Arrangements Under the Charter; B. Applying Chapter VII to Humanitarian Invention—1. Practices, 2. Prospects); and 8. “Unilateral Humanitarian Intervention” (A. Rules-Oriented Approach; B. Policy-Oriented Approach; C. Philosophy-Oriented Approach; D. The Security Council as Authoritative Decisionmaker; and E. Toward Criteria for the Conduct of Unilateral Humanitarian Intervention). 57.
Pugh, Michael (Ed.) (1997). The UN, Peace, and Force. London: Frank Cass and Company. 209 pp. This volume, edited by a senior lecturer in international relations at the University of Plymouth in the UK and the editor of International Peacekeeping, is comprised of a collection of essays on a wide range of cuttingedge topics that face the peacekeeping community at the beginning of the twenty-first century. The ten essays are: “The United Nations and the Collective Use of Force: Whither or Whether?”; “The UN Charter and Peacekeeping Forces: Constitutional Issues”; “Assessing the Success of UN Peacekeeping Operations”; “Enforcement Measures Under Chapter VII of the UN Charter: UN Practice After the Cold War”; “Securing Observance of UN Mandates Through the Employment of Military Force”; “Weapons Control in Semi-Permissive Environments: A Case for Compellence”; “Humanitarian Intervention Revisited: Post-Cold War Responses to Classical Problems”; “Utopian or Pragmatic? A UN Permanent Military Volunteer Force”; and “From Mission Cringe to Mission Creep? Concluding Remarks.” It also includes a five-page select bibliography.
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58.
Sarooshi, Danesh (1999). “The Role of the United Nations SecretaryGeneral in United Nations Peace-keeping Operations,” pp. 279–297. In Hilary Charlesworth and Robert McCorquodale (Eds.) The Australia Year Book of International Law. Volume 20. Canberra: Centre for International and Public Law, Faculty of Law, The Australian National University. This article, by a senior lecturer in public international law at University College, London, University of London, is comprised of the following components: I. Scope of the Competence of the Security Council to Delegate Chapter VII Powers to the Secretary General; II. The Legal Framework Governing the Exercise of Delegated Chapter VII Powers by the SecretaryGeneral; and III. The Delegation to the Secretary-General of Certain Powers in Respect of UN Peace-keeping Operations.
59.
Sarooshi, Danesh (2001). The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of its Chapter VII Powers. Oxford: Oxford University Press. 311 pp. Sarooshi examines the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. In doing so, Sarooshi presents a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace: The UN Security Council is the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace. It is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective. However, the Charter provision which was intended to provide the Council with a standing military force to carry out enforcement action has not as yet been implemented. In response, the Council has sought to deal with an increasing demand for military enforcement action by delegating its powers in this area to other UN organs (e.g., the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g., the coalition against Iraq), and regional and collective self-defense organizations (e.g., NATO in Bosnia). It is this process of delegation of military enforcement powers by the Council which is the focus of the book. By examining the legal framework which governs the process of a delegation by the Council of its Chapter VII powers, the practice relating to the exercise of these powers by each of the delegates concerned, and the policy issues relating to such delegations, the book makes a contribution to the content of the law pertaining to the use of force by the UN. It also provides guidance as to likely future developments in the legal framework governing collective action to maintain peace under the auspices of the United Nations. (p. 1)
The book is comprised of the following chapters: 1. “The General Legal Framework Governing the Process of a Delegation by the UN Security Council of its Chapter VII Powers,” 2. “The Delegation of Powers to the
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UN Secretary-General,” 3. “The Delegation of Powers to UN Subsidiary Organs,” 4. “The Legal Framework Governing the Delegation of Powers to UN Members States,” 5. “The Delegation of Powers to UN Member States,” and 6. “The Delegation of Powers to Regional Arrangements.” 60.
Scheffer, David J. (1998). “U.N. Engagement in Ethnic Conflict,” pp. 147–177. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. Scheffer, U.S. ambassador at large for war crimes issues, notes that This chapter examines how the United Nations engages in ethnic conflicts. Conventional wisdom assumes that U.N. engagement is limited to often ineffective peacekeeping operations in strife-torn countries. In reality, however, peacekeeping is only one of a wide range of tools the United Nations employs to varying effect in its efforts to manage ethnic conflicts. The law and practice of the United Nations in this area have evolved at an accelerating pace during the 1990s and in ways that would have astonished the framers of the Charter in 1945. They would not have anticipated that ethnic conflicts of largely internal character would necessitate U.N. engagement on so many fronts. But population growth, refugee flows, trade in conventional arms, the collapse of cold war discipline imposed by the superpowers, and the pursuit of power by local warlords for personal, nonideological gain have combined to create societies within which ethnic tensions—often already fueled by traditional interethnic bigotry—explode in ways that demand international attention. I have chose to focus broadly on how the United Nations engages in ethnic conflicts, beginning in part I with the goals of U.N. engagement. These goals include containment of ethnic conflicts, support for self-determination, promotion of democracy, and institution building. The legal basis for the pursuit of these goals, particularly by the Security Council, is examined in Part II. Central to this is the analysis of the legal authority for peaceful measures (primarily under Chapter VI of the U.N. Charter), the legal authority for coercive measures (under Chapter VII or VIII of the Charter), and the legal authority for norm elaboration and quasi-judicial pronouncements (such as by the General Assembly or Economic and Social Council). Such legal authority has itself evolved in recent years to reveal the U.N. Charter as a living document that can be applied effectively, at least in theory and sometimes in practice, to contemporary challenges. (p. 147)
61.
Stremlau, John (1996). Sharpening International Sanctions: Toward a Stronger Role for the United Nations—A Report to the Carnegie Commission on Preventing Deadly Conflict. New York: Carnegie Cooperation of New York. 78 pp. This report is comprised of five chapters: 1. “Background”; 2. “Emerging International Trends That Affect Sanctions”; 3. “Sanctions Innovations of the 1990s” (including those implemented in Yugoslavia, Somalia, and
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Rwanda); “Secondary Effects of Sanction Regimes”; and 5. “Sharpening UN Sanctions Capabilities.” In the executive summary, Stremlau states the following: The end of the Cold War and successful multilateral cooperation during the Gulf War led to a surge of United Nations-mandated sanctions. The Security Council imposed sanctions only twice between 1945 and 1990 but eight times between 1990 and 1994. In the two cases before 1990, Rhodesia and South Africa, the UN imposed sanctions to protest the denial of human rights and the domestic abuse of power within states rather than to counter traditional threats or acts of interstate aggression, as envisioned by the founders of the UN. Since the imposition of sanctions against Iraq in 1990, the Security Council has expanded the range of problems for which Chapter VII mandatory sanctions are justified: the use of force in the former Yugoslavia, Libya’s support for terrorism, civil strife in Somalia and Liberia, genocide in Rwanda, the abrogation of democracy in Haiti, and renewed insurrection in Angola. Sanctions generally serve three diplomatic functions. They send a signal of international concern to an offending state, seek to modify the unacceptable behavior of a state toward other states or against its own citizens, and warn of stronger actions to follow—including the use of force. The power to impose sanctions remains the exclusive domain of national governments. The UN or other multilateral bodies can only authorize, not enforce, such measures. Sanctions only reflect international norms, they do not create them. They can, however, significantly affect the credibility of international norms. Indeed, the more sanctions become a regular and effective instrument, the greater should be their deterrent value as a tool of conflict prevention in dealing with potential aggressors or oppressors. (p. 1)
62.
United Nations (1993). “United Nations: Security Council Resolution on Establishing an International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Law (sic) Humanitarian Law Committed in the Territory of the Former Yugoslavia.” International Legal Materials, 32:1203–1205. This is the text of the UN Security Resolution to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY). In part, it reads: Expressing once again its grave alarm of continuing reports of widespread and flagrant violations of international humanitarian law occurring within the territory of the former Yugoslavia, and especially in the Republic of Bosnia and Herzegovina, including reports of mass killings, massive, organized and systematic detention and rape of women, and the continuance of the practice of “ethnic cleansing,” . . . acting under Chapter VII of the Charter of the United Nations, [the U.N. Security Council] . . . decides hereby to establish an international tribunal for the sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia between 1 January 1991 and a date to be determined by the Security Council. . . . (p. 1204)
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Akhavan, Payam (1995). “Enforcement of the Genocide Convention: A Challenge to Civilization.” Harvard Human Rights Journal, 8:229–258. Written by a legal adviser in the office of the prosecutor for the International Criminal Tribunal for the Former Yugoslavia, this essay is comprised of the following parts and sections: I. Genocide in the Twentieth Century; II. Enforcement By Means of Judicial Mechanisms Under the Convention (A. National Courts; B. A Permanent International Penal Tribunal; C. Ad Hoc International Penal Tribunals; D. The Contentious Jurisdiction of the International Court of Justice); III. Enforcement Action Through the “Competent Organs of the United Nations” (A. Security Council Action Under Chapter VII of the Charter; B. The Role of the U.N. Secretary General); and IV. The Challenge to Civilization.
64.
Akhavan, Payam (1991). “Enforcement of the Genocide Convention Through the Advisory Opinion Jurisdiction of the International Court of Justice.” Human Rights Law Journal, 12(8-9):285–299. Written by a visiting research associate at the Danish Center for Human Rights, this essay is comprised of the following parts and sections: I. Introduction; II. International Judicial Remedies Pursuant to the Genocide Convention (1. National and International Penal Tribunals; 2. The Contentious Jurisdiction of I. C. J. (a. Reservations to Article IX; b. Interstate 83
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Complaint Mechanisms and the “Paralysis of Will”)); III. Resort to the Advisory Opinion Jurisdiction of the I. C. J. Authorized Requesting Organs; IV. Preliminary Considerations: Application of the Genocide Convention in Advisory Proceedings; V. Substantive Competence of the Court (1. Justiciability (a. Questions of a “Political Nature”; b. “Vague Rules:”); 2. Determination of Facts and Provisions of Remedies (a. Remedies; b. “Fact Situations” v. “Legal Questions”); 3. Consent of Disputant States); and VI. Concluding Remarks—The Weight of “World Opinion.” 65.
The American Association of Attenders and Alumni of the Hague Academy of International Law (Eds.) (2000). Hague Yearbook of International Law. The Hague: Kluwer Law International. 315 pp. This book includes two pieces on the UNCG: “Application of the Convention on the Prevention and Punishment of the Crimes Genocide (Bosnia and Herzegovina v. Yugoslavia)” (pp. 144–152), and “Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Yugoslavia)” (pp. 192–193).
66.
Askin, Kelly Dawn (1997). War Crimes Against Women: Prosecution in International War Crimes Tribunals. The Hague: Martinus Nighoff Publishers. 455 pp. Three short sections in this book address the issue of “genocidal rape” and “gender abuses as violations of the Genocide Convention under the ICTY [International Criminal Tribunal for the Former Yugoslavia] Statute.” Under “Terms and Definitions,” the crime “genocidal rape” is defined as “an attempt to destroy, in whole or in part, a particular protected group through sexual assault, regardless of whether the destruction is physical or mental” (p. 12). In the chapter entitled “Prosecuting Gender Crimes in the International Criminal Tribunal for the Former Yugoslavia (ICTY),” there’s a short section (pp. 337–344) that reviews the elements of genocide and then delineates “how gender abuses, including genocidal rape, can be prosecuted as genocide under Article 4 of the ICTY Statute” (p. 337). Appendix A—“Sex Crimes Against the Person—Proposed Definition”—includes a section (III) entitled “Genocide (Genocidal Rape)” (pp. 392–393).
67.
Balint, Jennifer (1999). “United Nations Convention on Genocide,” pp. 575–577. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. Provides a succinct history of the UNCG, including: its purpose, creation, adoption, and shortcomings.
68.
Bassiouni, M. Cherif (1994). “’Crimes Against Humanity’: The Need for a Specialized Convention.” Columbia Journal of Transnational Law, 31(3):457–494.
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Bassiouni, professor of Law at DePaul University College of Law, and chairman of the Commission of Experts Established Pursuant to Security Council Resolution 780 (1992) to Investigate Violations of International Humanitarian Law in the Former Yugoslavia, “traces the origins and flaws of the early normative framework for ‘Crimes Against Humanity’ and identifies the reasons for the need to develop a specialized convention” (p. 459). In part, Bassiouni notes that while the Genocide Convention of 1948 covers some “crimes against humanity,” it does so “only with respect to certain specific acts, accompanied by specific intent, against specifically designated groups. Thus, it excludes all other acts and groups not specified in the Convention” (p. 477). 69.
Bassiouni, Cherif M. (1999). “Prosecution and Punishment of Perpetrators of Genocide,” pp. 475–476. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. In addition to discussing Article VII of the Genocide Convention, Bassiouni also discusses the lack of national and international prosecutions of genocide between 1948 and 1993, along with the fact that “the Genocide Convention was never amended to reinforce its provisions on jurisdiction” (p. 475). In closing, he discusses the weakness/limitations of the UNCG, most notably its exclusion of the protection of social and political groups.
70.
Brugnola, Orlanda, Fein, Helen, and Spirer, Louise (Eds.) (1999). Ever Again?: Evaluating the United Nations Genocide Convention on Its 50th Anniversary and Proposals to Activate the Convention. New York: Institute for the Study of Genocide. 99 pp. The articles included herein are papers that were delivered at a conference (“Ever Again? Evaluating the United Nations Genocide Convention on Its 50th Anniversary and Proposals to Activate the Convention”) sponsored by the Institute for the Study of Genocide (December 2–3, 1998). The conference was designed not only to review the critical issues of the prevention and punishment of genocide, but to consider what could be done to reinforce the United Nations’ actions under the UNCG. Among the questions and issues addressed at the conference were: “How do we identify, or recognize, a genocide under the U.N. Genocide Convention?”; “How do we stop a genocide in progress?”; “Who is responsible to intervene in a purported genocide?”; “How is genocide made visible?”; and “How do we identify a genocide?” The titles of the various articles are: “Introduction” by Helen Fein; “Limits of the United Nations Convention and Contemporary Jurisprudence” by Beth Van Schaack; “Proposal for an International Police Force to Stop Genocide” by John Fousek and Saul Mendlovitz; “Creating an Imperative: Action in the Face of Genocide” by Sarah Sewell; “What Can Governments,
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International Organizations, and Non-Governmental Organizations Do Now to Prevent Genocide?” by Michael McClintock; “The Role of Human Rights Non-Governmental Organizations in the Prevention of Genocide: A Skeptical View” by Morton Winston; “Accountability for Inaction: Getting Beyond ‘Political Will’” by Samantha Power; and “Covering War Crimes and Genocide: A Reporter’s Guide to the Perplexed” by Roy Gutman. 71.
Brus, Marcel M. T. A. (1995). Third Party Dispute Settlement in an Interdependent World. Boston: MA: Martinus Nijhoff Publishers. 262 pp. In chapter 3 (“Coping with Analytical Complexity: A Systems Approach”), Brus cogently delineates the following problem vis-à-vis the prevention and intervention of genocide: In a society of states, among the most important principles are respect for state sovereignty, and . . . the principle that states can only be legally bound with their consent. The rule system exists in order to facilitate peaceful cooperation between the sovereign states, on the basis of a consistent application of fundamental principles upholding sovereignty, independence and territorial integrity. The traditional system of international law seems to apply these fundamental principles in a consistent manner. However, this traditional system is difficult to maintain in the present interdependent world. Even the traditional state society requires some substantive principles or values which form the basis of inter-state cooperation. The introduction of the prohibition of the use of force, and of other rules of jus cogens are obvious examples of this. With this, the traditional perspective on the society of states becomes mixed with elements of the international community perspective. Turning to this international community perspective, it has to be concluded that in this respect an international rule system does not yet exist. The objective of such a system would be consistent application of basic principles such as those identified above [see page 90 in this book]. Although these principles are gaining importance as basic elements of international law, they are not applied consistently in state practice, and independent mechanisms to ensure their consistent application still have to be developed to a large extent. With regard to the prohibition of genocide . . . , which [is] recognized as [a] fundamental value of the system in international conventions and declarations—it is evident that their application and interpretation depends to a large extent on political and economic factors. Although the Genocide Convention provides for settlement of dispute by the International Court of Justice at the request of one party, consistent application and interpretation can hardly be guaranteed by the Court as many states have made a reservation concerning the compulsory jurisdiction of the Court. In a community perspective such reservations should be regarded as against the objective and purpose of the Convention and therefore prohibited. Several states have objected against these reservations as being against the object and purpose. (pp. 92–93)
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Cassese, Antonio (2001). International Law. Oxford: Oxford University Press. 469 pp. This book presents an overview of international law by not only exploring the dynamics of such law from a legal viewpoint, but also through an examination of the historical and sociological dimensions of legal institutions. The book is divided into three main parts: I. Origins and Foundations of the International Community; II. Creation and Enforcement of International Legal Standards; and III. Contemporary Issues in International Law. As for the issue of genocide, the book contains information on the following issues/concerns: actus reus; the U.N. Convention on the Prevention and Punishment of Genocide (adoption, enforcement mechanism, flaws); the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda; and mens rea and prosecution and punishment.
73.
Conflict Analysis Center (1985). Genocide: Ratification of the Convention on the Prevention and Punishment of the Crime of Genocide. Washington, D.C.: Author (P. O. Box 75034, Washington, D.C. 20013), n.p. Published as part of the campaign to gain U.S. Senate consent to ratify the Convention on the Prevention and Punishment of Genocide (UNCG) (which was achieved in February 1986), this pamphlet discusses the significance of the UNCG.
74.
Craven, Matthew C. R. (1998). “The Genocide Case: The Law of Treaties and State Succession,” pp. 127–163. In Ian Brownlie and James Crawford (Eds.) The British Year Book of International Law 1997. Oxford: The Clarendon Press. Craven, senior lecturer in Law at School of Oriental and African Studies at the University of London, comments as follows in his introduction: In the past half-century the International Court of Justice has only rarely been called upon to consider the issue of State secession. . . . In the past year, however, the Court has been required to consider a number of such issues during the course of its proceeding in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide. In that case, the question of secession was central to the Court’s deliberations both in proceedings leading to its order of interim measures on 8 April, 1993 (Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro)) and its judgment on preliminary objections on 11 July 1996. (p. 127)
This piece is comprised of the following components: I. Introduction; II. The Application; III. Treaty Law and State Succession (a. The FRY and the
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Statute; b. The FRY and the Genocide Convention; c. Bosnia-Herzegovina and the Genocide Convention); and IV. Conclusion. 75.
Damrosch, Lori Fisher (1998). “Genocide and Ethnic Conflict,” pp. 256–279. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. In her introduction, Damrosch, professor of Law at Columbia University School of Law, notes that This chapter will consider the legal definition of genocide in situations of ethnic conflict as well as questions of implementation through the legalinstitutions available to address such conflicts. My focus will be on integrating the substantive premises of the Genocide Convention—that genocide is a crime that individual human beings can and do commit against certain kinds of human groups and for which states can also be responsible—with effective implementation through workable institutions. Accordingly, Part I will consider conceptual problems in the definition of genocide in situations of ethnic conflicts, including problems having to do with the scope of protection afforded to ethnical (along with national, racial, and religious) groups as well as difficulties arising when an ethnic group becomes embroiled in an armed conflict. Part II will turn to an examination of the short-comings of the principal enforcement forums specified by the Genocide Convention—domestic courts for cases against individuals and the International Court of Justice for claims of state responsibility—and will conclude by addressing the potential for overcoming those shortcomings through newly created and prospective international criminal tribunals. My reflections about the Genocide Convention grow out of my involvement with the efforts of Human Rights Watch, a New York-based non-governmental organization, to document and seek accountability for genocide committed against the Kurds of Iraq. Human Rights Watch has obtained, analyzed, and published overwhelming proof that in the waning days of the Iran-Iraq War, specifically in 1987–89, Iraq successfully waged a brutal war of extermination against its own Kurdish population. As many as 100,000 Kurds were killed through chemical weapons and firing squads in one of the clearest cases of genocide since World War II. The obstacles to obtaining an authoritative juridical ruling on the legal consequence of these facts illustrate the importance of correlating a conceptually satisfactory definition of the crime of genocide with effective mechanisms for enforcement. Ambiguities in the convention’s definition of genocide should be resolved through interpretations that would advance rather than thwart the convention’s object and purpose: to prevent and punish genocide. (pp. 257–258)
76.
Dunne, Tim, and Kroslak, Daniela (2001). “Genocide: Knowing What It Is That We Want to Remember, or Forget, or Forgive,” pp. 27–46. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimension. London and Portland, OR: Frank Cass Publishers.
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This essay is comprised of three parts: Part One discusses the evolution of the UN Convention on Genocide (UNCG) and the term “genocide.” Part Two examines the 1999 Kosovo War through the prism of the UNCG and its concomitant parts; and in Part Three, the authors consider the various ways in which the UNCG is being reinterpreted. The essay is comprised of the following sections and subsections: The Genocide Convention and Dilemmas of Interpretation (The Problem of Scale, Identifying a Victim-Group, and The Problem of Intent); Kosovo and the New Debate on Genocide; and Modifications to the Anti-Genocide Regime, Fifty Years On. 77.
Fein, Helen (1990). “Genocide: A Sociological Perspective.” Special Issue of Current Sociology, 34(1). Large sections of this landmark essay and study by sociologist and genocide scholar Helen Fein deal with various aspects of the UNCG. Among the many issues discussed are: “effect of the Genocide Convention”; Lemkin’s concept and the UNCG definition of genocide; various definitions of genocide and how they compare and contrast with the definition found in the UNCG; the issue of intent; and the issue of ethnocide.
78.
Greenawalt, Alexander K. A. (1999). “Rethinking Genocidal Intent: The Case for a Knowledge-Based Interpretation.” Columbia Law Review, 99(8): 2259–2294. Herein, the author argues that an alternative approach needs to be considered and used in establishing “intent” in cases purported to be genocidal: “Relying on both the history of the Genocide Convention and on a substantive critique of the specific intent interpretation, [the author argues that] in defined situations, principal culpability for genocide should extend to those who may personally lack a specific genocidal purpose, but who commit genocidal acts while understanding the destructive consequences of their actions” (p. 2259).
79.
Hannum, Hurst (1989). “International Law and Cambodian Genocide: The Sounds of Silence.” Human Rights Quarterly, pp. 82–138. In his introduction, Hannum, a highly respected human rights scholar, notes that The first part of this article considers in some detail the factual evidence of genocide in Cambodia, countering the view expressed by some that, however deplorable they might have been, the Khmer Rouge killings were not technically “genocide.” The second part outlines the elements of a successful application under the Genocide Convention, including questions of the Court’s jurisdiction,
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the existence of a dispute between an applicant state and Democratic Kampuchea, and whether the killings of Cambodians themselves by the Khmer Rogue leadership constitute genocide against a “national” group within the meaning of the Convention. The third part considers the application under the Court’s compulsory jurisdiction, charging Democratic Kampuchea with violations of customary law and crimes against humanity, i.e., mass arbitrary killings and widespread systematic torture.
The essay is comprised of the following four parts; Part I. The Fact of Genocide; Part II. The Deliberate Killings and Destruction Outlined Above Constitute Genocide within the Meaning of the Convention; Part III. Democratic Kampuchea’s Violation of Obligations Under General and Customary International Law; and Part IV. Final Observations. 80.
Healey, Sharon (1995). “Prosecuting Rape Under the Statute of the War Crimes Tribunal for the Former Yugoslavia.” Brooklyn Journal of International Law, XXI(2):327–383. This article examines the “legal precedent for prosecuting rape under each of the four charges set forth in the Statute of the Tribunal, and using information taken from the reports of journalists, human rights organizations, various missions and the report of the Commission of Experts, and Special Rapporteur of the Commission on Human Rights, demonstrates how a prima facie case can be made against Serbian forces under these charges” (pp. 328–329). The article is comprised of the following sections and subsections: I. Introduction; II. The Historical Occurrence of Rape in Armed Conflict (A. Grave Breaches of the Geneva Conventions; B. Violations of the Laws and Customs of War; C. Crimes Against Humanity; D. Violations of the Genocide Convention (1. The Rape of Bosnia Muslim Women Violates Article Il of the Genocide Convention; 2. Establishing Intent in Bosnia-Herzegovina); IV. Punishing Violations of Human Rights and Humanitarian Law; V. The Current Status of the Tribunal; VI. Conclusion.
81.
Hirsch, Herbert (1999). “United States Ratification of the UN Genocide Convention,” pp. 596–598. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. Hirsch, a political scientist, provides a succinct history of the United States’ “extremely tardy ratification of the UN Convention on the Punishment and Prevention of the Crime of Genocide” (sic), some thirty-six years after the Convention had originally been passed by the United Nations (p. 596). He asserts that “The twisting road to ratification offers an unobstructed view of the way sovereignty has restricted the power of the United Nations to force nations to comply with eloquent human rights principles” (p. 596).
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Institute on the Holocaust and Genocide (January-February 1985). “Special Double Issue on the Whitaker Report to the U.N.” Internet on the Holocaust and Genocide. No. 3–4, 14 pp. This special issue of the Institute on the Holocaust and Genocide’s newsletter, Internet, focuses on the contents and significance of the Whitaker Report, which constituted a major review of the status of the U.N. Convention on Genocide, particularly as it applies to the prevention and intervention of genocide.
83.
Jacobs, Steven L. (1999). “Lemkin, Raphael,” pp. 402–404. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. A short biographical statement of the man who coined the term “genocide” and was the prime mover behind the United Nation’s passage of the Genocide Convention.
84.
Jorgensen, N. H. (2001). “The Definition of Genocide: Joining the Dots in the Light of Recent Practice.” International Criminal Law Review, 1(3/4):285–313. Examines recent trials involving the alleged perpetration of genocide and how genocide was defined in each.
85.
Karagiannakis, Magdalini (1999). “The Definition of Rape and Its Characterization as an Act of Genocide—A Review of the Jurisprudence of the International Criminal Tribunals for Rwanda and the Former Yugoslavia.” Leiden Journal of International Law, 12(2):479–490. In this article, the author, a legal officer with the International Criminal Tribunal for the Former Yugoslavia, reviews “the recent precedent-setting judgments of the international criminal tribunals for the Former Yugoslavia and Rwanda which have sought to define rape in international law using different approaches. [More specifically,] this is the first decision of an international tribunal to consider the questions of whether rape can constitute genocide” (p. 479). The article is comprised of the following sections: 1. Introduction; 2. Definition of Rape; 3. Rape as Genocide; and 4. Conclusion.
86.
Kennedy-Pipe, Caroline, and Stanley, Penny (1999). “Rape in War: Lessons of the Balkan Conflict in the 1990s,” pp. 67–84. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimension. London and Portland, OR: Frank Cass Publishers.
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This essay is comprised of the following sections: Rape in the History of War after 1945; Mass Rape in Bosnia (in which the issue of “genocidal rape” is discussed”); Proving and Punishing Rape; Kosovo; and Lessons. 87.
LeBlanc, Lawrence J. (1984). “The Intent to Destroy Groups in the Genocide Convention: The Proposed U.S. Understanding.” American Journal of International Law, 78(2):369–385. LeBlanc, professor of Political Science at Marquette University, discusses the debate within the United States (between proponents and opponents of the ratification of the U.N. Convention on Genocide) over the relationship of the wording and phrases “intent to destroy” and “in whole or in part.” The piece is comprised of the following sections: I. The Opinion of Commentators and the Intention of the Drafters; II. Reaction to the Phrase in the United States; III. The Problem of Intent; IV. Is the “Understanding” Desirable; and V. Conclusion. [Editor’s Note: In legal parlance, the term “understanding” refers to a clarification of the meaning of a particular word, phase, or provision.] In his conclusion, LeBlanc asserts that “If ratification with an “understanding” is necessary for political reasons, the one proposed should be restated so as merely to clarify and not modify [as a “reservation,’ in legal terms, would] the term of Article II” (p. 385).
88.
LeBlanc, Lawrence J. (1991). The United States and the Genocide Convention. Durham, NC: Duke University Press. 290 pp. In this major study of the forty-year battle over ratification of the United Nations Convention on the Prevention and Punishment of Genocide (UNCG) by the United States, LeBlanc analyzes the history of the UNCG and the issues and problems of its ratification by the United States. In examining the debates and positions leading up to the actual ratification, LeBlanc presents a close look at the conditions that were set by certain politicians—collectively referred to as the “Lugar-Helms-Hatch Sovereignty Package”—which, LeBlanc argues, seriously weakened the UNCG and led some European allies to question whether the United States ratified the UNCG in good faith. The book is comprised of the following two parts and ten chapters: 1. “Introduction”; Part I. The Rule: What is Genocide? (2. “Development of the Rule on Genocide”; 3. “The Intent to Destroy Groups”; 4. “Protected Groups and Political Groups”; and 5. “Genocidal Acts and Techniques”); and Part II. Rule-Supervision: Measures of Implementation 6. “Domestic Implementing Legislation”; 7. “An International Criminal Court”; 8. “Ju-
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risdiction of Domestic Courts and Extradition”; 9. “The International Court of Justice”; and 10. “Conclusion”). The book also includes four appendices: Appendix A: “Convention on the Prevention and Punishment of the Crime of Genocide”; Appendix B: “Resolution of Ratification Proposed, 1970, 1971, 1973, 1976, and 1985”; Appendix C: “Resolution of Ratification (Lugar-Helms-Hatch Sovereignty Package) Adopted February 19, 1986”; and Appendix D: “The Genocide Convention Implementation Act of 1988 (the Proxmire Act).” 89.
Lemkin, Raphael. “Totally Unofficial Man,” pp. 365–399. In Samuel Totten and Steven L. Jacobs (Eds.) Pioneer of Genocide Studies.” New Brunswick, NJ: Transaction Publishers. This relatively lengthy excerpt from Lemkin’s unpublished autobiography addresses, in part, his Herculean efforts to establish the United Nations Convention on the Prevention and Punishment of Genocide.
90.
Lippman, Matthew (1985). “The Drafting of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.” Boston International Law Journal, 3(1):1–65. Lippman, professor of criminal justice at the University of Illinois, Chicago, discusses the following: the origin and meaning of the word “genocide”; the drafting of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (UNCG) via an examination of the UN Secretariat’s draft, the Ad Hoc Committee’s draft, and the Sixth Committee’s Draft; and several of the Convention’s shortcomings. In regard to the latter he offers various suggestions for increasing the UNCG’s potential efficacy in preventing and punishing the crimes of genocide.
91.
Morton, Jeffrey S., and Singh, Neil Vijay (2003). “The International Legal Regime on Genocide.” Journal of Genocide Research, 5(1):47–69. In their introduction, the authors state that The focus of this article is the contemporary legal status of the international regime on genocide. In order to assess its current status, the evolution of the regime is examined. Central to the regime’s current status are the provisions codified in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which are analyzed on an article-by-article basis. While the authoritative legal statement on the issue of genocide remains the Genocide Convention, it was the emergence of human rights law after World I, and especially in the drafting of the United Nations Charter and the activities of the UN in its early years, that made the convention possible. It was through the efforts by the United Nations General Assembly and Economic and Social Council in providing both the legal framework and the political support of
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nations for a prohibition on acts of genocide that made the codification of the Genocide Convention attainable. Recent developments in the form of the two ad hoc tribunals and ICJ rulings are then examined, followed by a discussion of the newly established International Criminal Court with jurisdiction over crimes of genocide. (p. 48)
92.
Neressian, David L. (2003). “The Razor’s Edge: Defining and Protecting Human Groups Under the Genocide Convention.” Cornell International Law Journal, Spring, 36(2): 293–327. In his introduction to this article, Neressian, adjunct faculty at Boston School of Law and Candidate for doctor of philosophy in Law at Oxford University, states that This Article has two primary goals. After sketching the background of the crime of genocide and the Genocide Convention in Part I, it moves on in Part II to a critical analysis of the proper methodology for defining the contours of protected groups. The analysis focuses principally upon academic writing, and upon decisions in the international criminal tribunals that address the issue, including the most recent decision on the issue, the ICTR [International Criminal Tribunal for Rwanda] Appeal Chambers July 2002 judgment in Prosecutor v. Bagilishema. It argues that efforts to achieve a purely objective or scientific definition of protected groups may have proved to be largely artificial and even counterproductive in practice. The better approach to defining such groups is to adopt a more subjective inquiry into the contours of the group as understood (and acted upon) by the perpetrators of genocide. . . . [Ultimately, though,] a purely subjective approach does not provide a satisfactory answer, either. Taken to its logical conclusion, a purely subjective approach could lead to group definitions that bear no relation at all to the established pre-genocidal existence of the group in society. This disconnect is inconsistent with the manifest object and purpose of the Convention, which is to protect certain categories of pre-existing human groups from physical and biological destruction. Accordingly, this Article advocates a hybrid approach to defining groups that accounts for the subjective views of the perpetrators but requires some measure of baseline objective evidence linking the perpetrator’s views to the groups’ pre-genocidal existence. Following the discussion of the contours of the protected group, Part IV analyzes how genocidal intent actually is manifested against that defined group in terms of the genocidist’s efforts to achieve the group’s destruction. This Article makes the case for a broad conception of what it means to intend to destroy a group “as such” and rejects a strict numerical construction of the crime. It advocates the parallel recognition of a more flexible approach grounded principally in the intentions of the genocidist. (pp. 295–296)
93.
Orentlicher, Diane F. (1991). “Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime.” The Yale Law Journal, 100(8): 2537–2615.
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In regard to the focus of this article, Orentlicher, General Counsel for the International League of Human Rights, states that I will argue (in Part I) that the central importance of the rule of law in civilized societies requires, within defined but principled limits, prosecution of especially atrocious crimes. I will also argue that international law itself helps assure the survival of fragile democracies when its clear pronouncement removes certain atrocious crimes from the provincial realm of a country’s internal politics and thereby places those crimes squarely within the scope of universal concern and the conscience of all civilized people. I next argue (in Part II) that recently developed principles of international law, both customary and conventional, already impose significant obligations in this regard. . . . I next consider (in Part III) whether successor governments must prosecute all such offenses committed by a previous regime. Analyzing the duties in light of their underlying rationales, I conclude that both the treaty and customary obligations to punish atrocious crimes are consistent with a limited program of prosecutions, but would be breached by wholesale impunity. Finally, I consider (in Part IV) whether new law clarifying governments’ obligation to punish atrocious crimes should be developed. (pp. 2540–2541)
This article is comprised of the following parts and sections: Introduction; I. Why Punish? (A. The Case for Prosecutions; B. The Case Against Prosecutions; C. The Role of International Law); II. The Duty to Punish Under Current International Law (A. International Criminal Law—1. General Principle; 2. Human Rights Crimes (a. The Nuremberg Precedent; b. PostNuremberg Developments; c. Domestic Enforcement); B. Human Rights Conventions Specifying a Duty to Prosecute—1. The Genocide Convention; and 2. The Convention Against Torture; C. Comprehensive Human Rights Conventions; D. Customary Law: Disappearances, Extra-Legal Executions and Torture; and E. Customary Law: Crimes Against Humanity); III. Application of General Rule to Transitional Societies; IV. Future Developments in the Law; and Conclusion (Note: For a response to Orentlicher’s article, see Carlos S. Nino’s “The Duty to Punish Past Abuses of Human Rights Put Into Context: The Case of Argentina,” The Yale Law Journal, June 1991, 100(8):2619–2640. For Orentlicher’s reply to Nino, see “A Reply to Professor Nino, The Yale Law Journal, June 1991, 100(8):2641–2643.) 94.
Organization of African Unity (OAU) (2001). “International Panel of Eminent Personalities (IDEP): Report on the 1994 Genocide in Rwanda and Surrounding Events (Selected Sections).” International Legal Materials, 40:140–235. In the abstract of this report, it is stated that
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The Organization of African Unity (OAU) formed the International Panel of Eminent Personalities [Panel] to investigate the Rwandan genocide and to contribute to the prevention of further conflicts in the region. The Panel endorsed the finding of the earlier Carlsson Inquiry report that “the U.N.’s Rwandan failure was systemic and due to a lack of political will” (p. 140). The Panel found that “[j]ust about every mistake that could be made was made” (p. 140). The Panel found that the U.N. did not perceive the U.N. Assistance Mission to Rwanda (UNAMIR) as a particularly difficult mission, and so did not provide UNAMIR with an adequate force or mandate. The Panel also argued that the U.N. had compromised its integrity by maintaining “insistent and utterly wrong-headed neutrality regarding the genocidaires.” The Panel suggested that the U.N. Security Council and Secretariat had paid too much attention to cease-fire negotiations rather than ending the massacres. The Panel also condemned U.S. bureaucrats and Western countries for evacuating foreign nationals while leaving behind Rwandans who would soon be slaughtered. The Panel found clear evidence that “a small number of major actors,” including Belgium, France, and the United States, could have directly “prevented, halted, or reduced the slaughter.” . . . The Panel called for a substantial re-examination of the 1948 Genocide Convention with attention to, interalia: 1. the definition of genocide; 2. a mechanism to prevent genocide; and 3. the legal obligation of states when genocide is declared. The Panel also proposed the institution of a special Rapporteur for the Genocide Convention, within the office of the U.N. High Commissioner for Human Rights, to provide the U.N. Security-General and Security Council with pertinent information concerning situations that are at risk for genocide. (p. 140)
The report is comprised of the following sections: Executive Summary; Introduction; Genocide and the 20th Century; The Roots of the Crisis to 1959; The First Republic: 1959–1973; Habyrimana’s Regime: 1973–Late 1980s; Economic Regime: 1973–Late 1980s; Economic Destabilization After 1985; The 1990 Invasion; The Road to Genocide: 1990–1993; The Arusha Peace Process; The Eve of the Genocide: What the World Knew; The Preventable Genocide: What the World Could Have Done; Before the Genocide: The Role of the OAU; Before the Genocide: France and the United States; Before the Genocide: The Role of the United Nations; The Genocide; The World During the Genocide: The United Nations, Belgium, France, and the OAU; The Plight of Women and Children; After the Genocide; Justice and Reconciliation; The Kivu Refugee Camps; The Region After Genocide; The Role of the OAU Since the Genocide; The RPF and Human Rights; Rwanda Today; and Recommendations. 95.
Ragazzi, Maurizio (1997). The Concept of International Obligations Erga Omnes. New York: Clarendon Press. 264 pp.
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This book, written by a member of the legal department of the World Bank, includes a chapter (5) entitled “The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (b) The Outlawing of Genocide.” The latter is comprised of four parts: I. The International Prohibition of Genocide; II. The Advisory Opinion on the Genocide Convention; III. Advisory Opinion on the Genocide Convention and the Dictum on Obligations Erga Omnes; and IV. Conclusions. 96.
Railsback, Kathryn (1990). “A Genocide Convention Action Against the Khmer Rouge: Preventing a Resurgence of the Killing Fields.” Connecticut Journal of International Law, 5(2):457–481. Herein, an attorney based in Seattle, Washington, discusses the potential efficacy of “a Genocide Convention action against the Khmer Rouge” (p. 458). Part One discusses relevant Convention provisions, part two provides an overview of Khmer Rouge actions between 1975 and 1979 and discusses whether such actions constituted “genocide,” and part three examines how bringing the Khmer Rouge to trial under the provisions of the UN Convention on the Prevention and Punishment of Genocide might be propitious in preventing new outbreaks of genocide in both Cambodia and other parts of the world.
97.
Ratner, Steven R., and Abrams, Jason S. (1997). Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy. New York: Oxford University Press. 369 pp. In this book, Ratner (professor of Law at the University of Texas School of Law) and Abrams (a legal officer with the office of legal affairs at the United Nations), present a comprehensive examination of the promises and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. The book is comprised of four parts and fifteen chapters: Part I. Substantive Law (1. “Individual Accountability for Human Rights Abuses: Historical and Legal Underpinnings”; 2. “Genocide and the Imperfections of Codification”; 3. “Crimes Against Humanity and the Inexactitude of Custom”; 4. “War Crimes and the Limitations of Accountability for Acts in Armed Conflict”; 5. “Other Abuses Incurring Individual Responsibility Under International Law”; 6. “Expanding and Contracting Culpability: Related Crimes, Defenses, and Other Barriers to Criminality”); Part II. Mechanism for Accountability (7. “Mechanisms for Accountability: Framing the Issues”; 8. “The Forum of First Resort: National Tribunals”; 9. “The Progeny of Nuremberg: International Criminal Tribunals”; 10. “Non-Prosecutorial Options: Investigatory Commissions, Civil Suits, and Immigration Measures”; 11. “Developing the Case: Comments on Evidence and Judicial
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Assistance”); Part III. A Case Study: The Atrocities of the Khmer Rouge (12. “The Khmer Rouge Rule Over Cambodia: A Historical Overview”; 13. “Applying the Law”; 14. “Engaging the Mechanisms”); Part IV. Conclusion (15. “Striving for Justice: The Prospects for Individual Accountability”). Chapter 2 (“Genocide and the Imperfections of Codification”) addresses the following: background and preparation of the Genocide Convention, definition of genocide, reservations to the Genocide Convention, recent jurisprudential developments, genocide under customary international law, and theoretical and practical challenges. 98.
Ruhashyankiko, Nicodeme (1978). Report to the U.N. Sub-Commission Prevention on Discrimination and Protection of Minorities. Study of the Question of the Prevention and Punishment of the Crime of Genocide. E/CN.4/Sub.2/416, 4, July 1978. 186 pp. A major study by the U.N. of its Convention on Genocide; the first such study since the original adoption of the Convention on Genocide in 1948. Proposed significant improvements in the Convention such as universal jurisdiction for prosecution of those who commit genocide. However, the report became widely known not for its significant contribution to the understanding of genocide and its possible prevention, but as a focus of cynical politicization in the U.N. After unceasing political efforts and threats, the Turks succeeded in having the report revised so as not to acknowledge the Armenian genocide, an action that Leo Kuper referred to as casting the Armenian genocide “down the memory hole.” (Annotation by Israel W. Charny based on his essay “Intervention and Prevention of Genocide” in Genocide: A Critical Bibliographic Review. New York: Facts on File, 1988, p. 36).
99.
Schaack, Beth Van (1997). “The Crime of Political Genocide: Repairing the Genocide Convention’s Blind Spot.” The Yale Law Journal, 106 (7): 2259–2291. In this Note, Schaack, argues that . . . the Genocide Convention is not the sole authority on the crime of genocide. Rather, a higher law exists: the prohibition of genocide represents the paradigmatic jus cogens norm, a customary and preemptory norm of international law from which no derogation is permitted. The jus cogens prohibition of genocide, as expressed in a variety of sources, is broader than the Convention’s prohibition as has been demonstrated with respect to the jurisdictional principle applied to acts of genocide. Notwithstanding that the framers of the Genocide Convention attempted to limit the prohibition of genocide by deliberately excluding political groups from Article II, the provision’s without legal force to the extent that it is inconsistent with the jus cogens prohibition of genocide. Therefore, when faced with mass killings evidencing the intent to eradicate political groups in whole or in part, domestic and international adjudicatory
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bodies should apply the jus cogens prohibition of genocide and invoke the Genocide Convention vis-a-vis signatories only insofar as it provides practical procedures for enforcement and ratification. In Part I of this Note, I detail and critique the political compromises that occurred during the drafting of the Genocide Convention. In Part II, I describe the atrocities perpetrated by the Khmer Rouge in Cambodia to demonstrate the short falls of the definition of genocide in the Genocide Convention. In Part III, I describe the scope of the jus cogens prohibition of genocide and I argue that treaty provisions such as Article II carry no legal weight when they conflict with a jus cogens norm as a higher form of law. (pp. 2261–2262)
This Article is comprised of the following parts and sections: I. The Origins of the Genocide Convention and Its Blind Spot; II. The Cambodian Experience; III. The Customary Jus Cogens Prohibition of Genocide is Broader Than the Provision of the Genocide Convention (A. Jus Cogens Norms Constrain the Substance of International Treaties; B. Customary Law Norms May Trump Contrary Treaty Provisions; C. The Application of Universal Jurisdiction Demonstrates that the Genocide Convention Establishes Only a Basic Minimum; D. The Jus Cogens Prohibition of Genocide Includes Political Groups; E. No Principle Exists to Exclude Political Groups from the Prohibition of Genocide); and IV. Conclusion. 100.
Schabas, William (1999). The Genocide Convention at Fifty. Washington, D.C.: United States Institute of Peace. 8 pp. This short report is the result of Schabas’ work on a U.S. Institute of Peace Fellowship Project, “The Law of Genocide,” in which he attempted to assess major issues that would confront the UN Convention on the Prevention and Punishment of Genocide in the twenty-first century. Herein, then, Schabas, professor of Law at the University of Quebec at Montreal, discusses the following issues: the genesis of the Convention; that which constitutes genocide; whether “ethnic cleansing” is a form of genocide; criminal prosecution of genocide; and how the attempt to prevent genocide constitutes the greatest failure of the Convention. He concludes with a set of “Recommendations.”
101.
Schabas, William A. (2000). Genocide in International Law. New York: Cambridge University Press. 624 pp. This book constitutes the most comprehensive examination to date of international law as it relates to the issue of genocide. By its very nature, it presents a thorough discussion of the United Nations Convention on the Prevention and Punishment of Genocide (UNCG). It is comprised of the following chapters: 1. “Origins of the Legal Prohibition of Genocide”; 2. “Drafting of the Convention and Subsequent Normative
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Developments”; 3. “Groups Protected by the Convention”; 4. “The Physical Element or Actus Reus of Genocide”; 5. “The Mental Element or Mens Rea of Genocide”; 6. “’Other Acts’ of Genocide”; 7. “Defences to Genocide”; 8. “Prosecution of Genocide by International and Domestic Tribunals”; 9. “State Responsibility and the Role of the International Court of Justice”; 10. “Prevention of Genocide”; 11. “Treaty Law Questions and the Convention”; and “Conclusions.” It also includes an appendix: “The Three Principal Drafts of the Convention.” 102.
Schabas, William A. (2001). “The Jelisic Cases and the Mens Rea of the Crime of Genocide.” Leiden Journal of International Law, 14(1): 125–139. The abstract to this Article by a professor of Human Rights Law at the National University of Ireland, Galway, reads as follows: The December 1999 judgment of the ICTY [International Criminal Tribunal for the Former Yugoslavia] in the Jelisic case is the first ruling on the merits from that court dealing with an indictment of genocide. The Trial Chamber concluded that the prosecutor had failed to prove that genocide was committed and that consequently the accused could not be convicted as an accomplice to the crime. It went on to examine whether despite the absence of genocide on any widespread or systematic basis it was still possible for an individual, driven by genocidal intent, to commit one of the underlying crimes such as killing or causing serious bodily or mental harm. The Trial Chamber considered this a plausible hypothesis but ruled that this did not correspond to the facts of the case. Since the Jelisic ruling, the Preparatory Commission of the International Criminal Court has attempted to eliminate the lone génocidaire scenario in the Elements of Crimes. While the law remains unsettled, awaiting clarification from the Appeals Chamber, a wise prosecutorial policy would be to reserve international genocide prosecutions for serious cases involving organized and widespread crimes. Exaggerated attention to individual and isolated cases is a questionable use of valuable resources and risks diluting some of the terrible stigma now attached to the “crime of crimes.” (p. 125)
This piece is comprised of the following parts: 1. Introduction; 2. Dolus Specialis, Special Intent, and Specific Intent; 3. Does Genocide Need a Plan?; and 4. Conclusion. 103.
Scheffer, David (1998). “The United States’ Measures to Prevent Genocide.” Speech delivered on December 10, 1998, at the United States Holocaust Memorial Museum. Washington, D.C. 10 pp. (Note: Available at www.ushmm. org/conscious/analysis/detail.php/ under the title of the speech and under the heading of “Atrocities Prevention Interagency Working Group.”) Scheffer, the Ambassador at Large for War Crimes at the United States Department of State, discusses, among other issues, that there needs to be a “better understanding of Article II of the Genocide Convention” (p. 3).
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More specifically, while acknowledging the United States’ tentative and deplorably inadequate response to genocide in the 1990s, he notes “the discretionary obligation” on the part of signatories to the Genocide Convention, and asserts that “every government should view it [Article II] as an opportunity to react responsibly if and as genocide occurs” (p. 3). 104.
Sellers, Patricia Viseur (1995). “Gender, The Genocide Convention and the Tribunal on the Former Yugoslavia.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 15:1–3. The author (legal adviser for gender related crimes, office of the prosecutor, International Criminal Tribunal for the Former Yugoslavia/International Criminal Tribunal for Rwanda) discusses the place of gender crimes and genocidal rape under the UN Convention on the Prevention and Punishment of Genocide, and offers insights into how the ad hoc criminal tribunals for the former Yugoslavia and Rwanda might deal with sexual assaults–that is, in deciding whether such assaults constitute genocide or not.
105.
Totten, Samuel (2002). “A Matter of Conscience,” 545–580. In Samuel Totten and Steven Leonard Jacobs (Eds.) Pioneers of Genocide Studies. New Brunswick, NJ: Transaction Publishers. In one section of this essay (pp. 564–566), Totten, an independent genocide scholar, discusses the shortcomings of the UNCG, and calls for the revision of the UNCG so that “it is clearer in its statements and more efficacious in its reach and intent to protect groups from the insidious scourge of genocide” (p. 566).
106.
Triffterer, Otto (2001). “Genocide, Its Particular Intent to Destroy in Whole or in Part the Group as Such. “Leiden Journal of International Law, 14(2):399–408. The abstract to this article by Triffterer, professor of Law at the University of Salzburg, reads as follows: All crimes of genocide have a common structure. There must be an actus reus, a corresponding mens rea and, in addition, a second subjective element, the “intent to destroy in whole or in part, a . . . group as such.” This so-called “genocidal intent,” is characterized by the fact that responsibility for completed genocide does not depend on the result the perpetrator intended to achieve. The threshold of this intent is not higher than mens rea described in Article 30 of the Rome Statute; in particular, no special quality of the volitive side of this intent is required. Dolus eventualis, therefore, is sufficient to commit the actus reus and to have, in addition, the particular “intent to destroy. . . .” An inherent, additional and independent, contextual criterion, as proposed in The Draft Elements of Crimes, is neither admissible nor advisable to limit the punishability of genocide or the jurisdiction of the Court for such crimes. (p. 399)
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107.
van der Vyver, Johan D. (1999). “Prosecution and Punishment of the Crime of Genocide.” Fordham International Law Journal, 23(2): 286–356. van der Vyver, I.T. Cohen, Professor of International Law and Human Rights at Emory University, notes in his introduction that Part I of this Article scrutinizes the current definition of genocide in view of its theoretical circumscription in the Genocide Convention and with special reference to the judgment of the International Criminal Tribunal for Rwanda in Prosecutor v. Akayesu. Part II considers the validity and the application of universal jurisdiction to the crime of genocide, and the consequent duty of states to bring perpetrators of genocide to justice. Part III focuses on the jurisdiction ratione materia of the ICC regarding the crime of genocide. Part IV will pay special attention to the prosecution of genocide in the United States. (p. 288)
This article is comprised of the following sections and subsections: Introduction; I. The Concept of Genocide (A. Perpetrators of Genocide—1. Criminal Liability of National Persons; 2. Criminal Liability of States; 3. Criminal Liability of Juristic Persons Other Than the State; B. Actus Reus—1. Killing Members of the Victim Group; 2. Causing Serious Bodily or Mental Harm to Members of the Victim Group; 3. Inflicting on the Victim Group Conditions of Life to Bring About Its Physical Destruction in Whole or in Part; 4. Imposing Measures Intended to Prevent Births Within the Victim Group; 5. Forcibly Transferring Children of the Victim Group to Another Group; C. The Victims of Genocide—1. National, Ethnic, Racial and Religious Groups; 2. Genocide with Respect to Groups Not Expressly Mentioned in the ICC Statute; D. Mens Rea; E. Complicity in Genocide; F. Nullum Crimen Sine Lege); II. Universal Jurisdiction (A. Historical Perspective; B. Endorsement of Universal Jurisdiction by National Courts; C. Endorsement of Universal Jurisdiction by International Tribunals); III. Prosecution of Genocide in the International Criminal Court (A. Preconditions to the Exercise of Jurisdiction by the ICC; B. The Principle of Complementarity; C. Considerations of State Sovereignty; D. Safeguards Against Frivolous Prosecutions); IV. The Prosecution of Genocide in the United States; and Conclusion.
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108.
Abiew, Francis Kofi (1999). The Evolution of the Doctrine and Practice of Humanitarian Intervention. The Hague: Kluwer Law International. 325 pp. Abiew, lecturer in the Department of Political Science at the University of Alberta in Edmonton, Canada, defends the emergence of the right of humanitarian intervention, and argues that state sovereignty is not incompatible with the latter. Following a thorough review of historical precedents, Abiew concludes by assessing contemporary developments in terms of sources and support for intervention on humanitarian grounds. The book is comprised of the four chapters, plus an introduction and conclusion. The four chapters and various issues addressed under each are as follows: I. “The Traditional Doctrine and Practice of Humanitarian Intervention” (Historical Evolution of State Sovereignty and the Doctrine and Practice of Humanitarian Intervention: a. State Sovereignty, b. Humanitarian Intervention, and c. State Practice in the Nineteenth and Early Twentieth Century); 2. “The Right of Humanitarian Intervention in the Post-Charter Era (1945–1989)” (Evolving Norms: a. Principles of State Sovereignty and Non-Intervention, b. The Internationalization of Human Rights; c. The UN Charter’s Effect on Humanitarian Intervention; d. Case Studies of State Practice from 1945–1989—The East Pakistan (Bangladesh) Intervention of 1971, The Tanzanian Intervention in Uganda of 1979, and Vietnam’s Intervention in Cambodia (Kampuchea, 1978)); 3. “The Practice of Humanitarian Intervention in the Post Cold War Era” (Northern Iraq, Somalia, The Former Yugoslavia, Rwanda); and 4. “Assessing Humanitarianism in the Post Cold War Period: Sources of Consensus.” 103
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109.
Akhavan, Payam (1991). “Enforcement of the Genocide Convention Through the Advisory Opinion Jurisdiction of the International Court of Justice.”Human Rights Law Journal, 12(8-9):285–299. Written by a visiting research associate at the Danish Center for Human Rights, this essay is comprised of the following parts and sections: I. Introduction; II. International Judicial Remedies Pursuant to the Genocide Convention (1. National and International Penal Tribunals; 2. The Contentious Jurisdiction of I.C.J. (a. Reservations to Article IX; b. Interstate Complaint Mechanisms and the “Paralysis of Will”)); III. Resort to the Advisory Opinion Jurisdiction of the I.C.J. Authorized Requesting Organs; IV. Preliminary Considerations: Application of the Genocide Convention in Advisory Proceedings; V. Substantive Competence of the Court (1. Justiciability: a. Questions of a “Political Nature”; b. “Vague Rules”; 2. Determination of Facts and Provisions of Remedies (a. Remedies; b. “Fact Situations” v. “Legal Questions”); 3. Consent of Disputant States); and VI. Concluding Remarks—The Weight of “World Opinion.”
110.
The American Association of Attenders and Alumni of the Hague Academy of International Law (Ed.) (2000). Hague Yearbook of International Law. The Hague. Kluwer Law International. 315 pp. The chapters in this book most germane to the issue of genocide, and international law are: “Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia)” (pp. 144–152); “Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Yugoslavia)” (pp. 192–193); and “International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia Since 1991” (pp. 203–260).
111.
American Bar Association (1995). Report on the Proposed Rules of Procedure and Evidence of the International Tribunal to Adjudicate War Crimes in the Former Yugoslavia. Chicago, IL: Author. 186 pp. As stated in the introduction to this booklet, the purpose of this report is as follows: In order for a judicial body like the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia to function effectively and achieve respect for its decisions, it is essential that it have unchallenged legitimacy. It has been the aim of the American Bar Association Task Force on War Crimes in the Former Yugoslavia (“ABA Task Force”) to further such legitimacy by promoting a legal framework for the International Tribunal that is both fair and in accordance with widely accepted legal norms—a framework which could withstand the several procedural criticisms which have been aimed
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at the Nuremberg principles and which unfortunately have to some extent detracted from their universal acceptance. The first report of the ABA Task Force [Report on the International Tribunal to Adjudicate War Crimes Committed in the Former Yugoslavia] addresses issues such as the crimes over which the International Tribunal will have jurisdiction, the “Nuremberg defense” of superior orders, and the problem of double jeopardy. We emphasized that by limiting the jurisdiction of the Tribunal to offenses that are clearly recognized under international law, troubling questions of authority and jurisdiction can be avoided. The second report of the ABA Task Force (Part II of this volume) considers the U.S. proposal for Rules of Procedure and Evidence (“Rules”) for the International Tribunal (Part II). While the Rules adopted by the International Tribunal in February 1994 (Part I) differ in significant respects from the U.S. proposal, the common law principles of procedural due process advanced in the U.S. proposal and the ABA Task Force’s report play an important role in the final exculpatory evidence (Rule 65), adoption of procedures to allow effective cross-examination while protecting the identity of victims (Rules 69 & 75), and recognition of the potential for prejudice to an accused in a joint trial (Rule 82). We believe that the Statute and Rules together form a legal framework that will allow the International Tribunal to function effectively and to serve as a model for future bodies of its kind. (pp. 1–2)
The report is comprised of the following parts: 1. General Provisions; 2. “Primacy of the Tribunal; 3. Organization of the Tribunal; 4. Investigations and Rights of Suspects; 5. Pre-Trial Proceedings; 6. Proceedings Before Trial Chambers; 7. Appellate Proceedings; 8. Review Proceedings; and 9. Pardon and Commutation of Sentence. 112.
Amnesty International (1999). United Kingdom: The Pinochet Case—Universal Jurisdiction and the Absence of Immunity for Crimes Against Humanity. London: Author. 43 pp. This paper sets forth Amnesty International’s position on three of the legal issues related to the rehearing of the appeal to the House of Lords of the judgment by the English High Court of Justice, Queen’s Bench Division on 28 October 1998 in the cases, In the Matter of an Application for a Writ of Habeas Corpus and Subjicendum (re. Augusto Pinochet Ugarte) and In the Matter of an Application for Leave to Move for Judicial Review Between: The Queen vs. Nicholas Evans et al (ex parte Augusto Pinochet Ugarte). The three issues which Amnesty International addresses in this paper are: (1) the immunity under Chilean law and practice for certain crimes under international law committed since 1973, including crimes against humanity and torture; (2) the scope of universal jurisdiction over certain crimes under international law, including crimes against humanity and torture; and (3) the absence of immunity under international law for
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heads of state for certain crimes under international law, including crimes against humanity and torture. (Editor’s Note: In October 1998, General Augusto Pinochet, former dictator of Chile (1973–1990), was arrested in London on “charges of crimes of genocide and terrorism that include murder.” His arrest, cited by many human rights scholars and activists as “historic” and an advance in human rights law, was instigated by an international warrant issued by a Spanish judge, Baltasar Garzón. For a more detailed discussion of this matter see Samuel Totten’s “Pinochet, Augusto, and a New Legal Precedent Toward Extradition on Charges of Genocide” in Israel Charny (Ed.) Encyclopedia of Genocide, Volume 2, pp. 460–462. Santa Barbara, CA: ABC CLIO Press, 1999.) Concluding the report, the authors state that “ . . . all states have universal jurisdiction over torture, extrajudicial executions, enforced disappearances, genocide, and crimes against humanity and they have a duty to bring such persons to justice in their own courts, to extradite them to a state willing to do so or to surrender them to an international criminal court with jurisdiction over these crimes. It is a fundamental rule of law that neither a head of state nor a former head of state has immunity from criminal prosecution for crimes against humanity whether in international or national courts” (p. 43). 113.
Aptel, C. (2002). “The Intent to Commit Genocide in the Case Law of the International Criminal Tribunal for Rwanda.” Criminal Law Forum, 13(3):273–291. Examines the way in which the ICTR determines the issue of “intent” in genocide cases.
114.
Arend, Anthony Clark, and Beck, Robert J. (1993). International Law and the Use of Force: Beyond the UN Charter Paradigm. London: Routledge. 272 pp. In this book, Arend (professor of Government at Georgetown University) and Beck (professor of International Law and Organization in the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia) blend traditional conceptions concerning the use of force under international law with new theoretical insights to suggest a new paradigm on the use of force in contemporary international relations. The book is comprised of four parts and ten chapters: Part I: Introduction (1. “International Law and the Use of Force”; 2. “Historical Overview: The Development of the Legal Norms Relating to the Recourse to Use Force”); Part II: The United Nations Charter Paradigm (3. “The United Nations Charter Framework for the Resort to Force”; 4. “Collective Use of Force
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Under the United Nations Charter”); Part III: Challenges to the Charter Paradigm (5. “Anticipatory Self-Defense”; 6. “Intervention in Civil and Mixed Conflicts”; 7. “Intervention to Protect Nationals”; 8. “Humanitarian Intervention”; 9. “Responding to Terrorism”); and Part IV: Conclusions Beyond the Charter Paradigm (10. “International Law and the Recourse to Force: A Shift in Paradigms”). The authors include short but interesting comments on the genocides in Bangladesh and Cambodia, and the interventions in each by, respectively, India and Vietnam. 115.
Askin, Kelly D. (1999). “Sexual Violence in Decisions and Indictments of the Yugoslav and Rwandan Tribunals: Current Status.” The American Journal of International Law, 93(1):97–123. In this piece, Askin, visiting scholar, Center for Civil and Human Rights, Notre Dame Law School, . . . surveys current developments of women’s issues before the ICTY and ICTR. The OTP [Office of the Prosecutor] has taken important initiatives by gathering evidence and formulating indictments to bring prosecutions founded on gender-based crimes. The many such indictments illustrate how these charges can be crafted and where further developments might be in order, furnishing considerable guidance for future prosecutions of these crimes. (p. 98)
The essay is comprised of the following sections: Trial Decisions in the ICTY and ICTR; Tadic—Indictment, Trial and Judgment; Akayesu—Indictment, Trial and Judgment; Furundzija—Indictment, Trial and Judgment; Delalic and Others, “Celebici”—Indictment, Trial and Judgment; Rule 61 Decisions; Other ICTY and ICTR Indictments; and Conclusion. In her conclusion, Askin notes that While gender-based crimes were largely ignored during the war crimes trials held in Nuremberg and Tokyo after World War II, crimes of sexual violence are being charged in the Yugoslavian and Rwandan trials as violations of the laws or customs of war, genocide, crimes against humanity, grave breaches of the 1949 Geneva Conventions, and violations of Common Article 3 of the 1949 Geneva Conventions and of the 1977 Additional Protocols. (p. 122)
116.
Askin, Kelly Dawn (1997). War Crimes Against Women: Prosecution in International War Crimes Tribunals. The Hague: Martinus Nighoff Publishers. 455 pp. Three short sections in this book address the issue of “genocidal rape” and “gender abuses as violations of the Genocide Convention under the ICTY [International Criminal Tribunal for the Former Yugoslavia] Statute.”
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Under “Terms and Definitions,” the crime “genocidal rape” is defined as “an attempt to destroy, in whole or in part, a particular protected group through sexual assault, regardless of whether the destruction is physical or mental” (p. 12). In the chapter entitled “Prosecuting Gender Crimes in the International Criminal Tribunal for the Former Yugoslavia (ICTY),” there’s a short section (pp. 337–344) that reviews the elements of genocide and then delineates “how gender abuses, including genocidal rape, can be prosecuted as a genocide under Article 4 of the ICTY Statute” (p. 337). Finally, Appendix A—”Sex Crimes Against the Person—Proposed Definition”—includes a section (III) entitled “Genocide (Genocidal Rape)” (pp. 392–393). 117.
Askin, Kelly D. (1999). “Women and International Humanitarian Law,” pp. 41—87. In Kelly D. Askin and Dorean M. Koenig (Eds.) Women and International Human Rights Law, Volume 1. Ardsley, NY: Transnational Publishers, Inc. In this chapter by Askin, visiting scholar at the Center for Civil and Human Rights at the Notre Dame Law School, the following sections and subsections are included: Introduction; International Humanitarian Law; Disparate References to Gender-Specific Crimes in IHL [International Humanitarian Law] Instruments; Treatment of Women and Girls in Armed Conflict (Historical Treatment); IHL Prohibitions of Sexual Violence (Customs of War Prior to World War II; Laws and Customs of War After World War II—International War Crimes Tribunals: The IMT and IMTFE; The 1949 Geneva Conventions; Application of International Human Rights Law to International Humanitarian Law); Current Events in International Humanitarian Law (International War Crimes Tribunals Established—The ICTY and ICTR; Development of Gender Issues in the IHL in the 1990s; Prosecuting War Crimes Against Women in the ICTY and ICTR; Violations of the Laws or Customs of War (ICTY, art. 3); Common Article to the Geneva Conventions (ICTR, art. 4); Crimes Against Humanity (ICTY, art. 5; ICTR, art. 3); Genocide (ICTY, art.. 4; ICTR, art. 2); Grave Breaches (ICTY, art. 2); Sexual Violence as Torture; Enslavement); and Conclusion.
118.
Bassiouni, M. Cherif (1996). “The Commission of Experts Established Pursuant to Security Council Resolution 780: Investigating Violations of International Humanitarian Law in the Former Yugoslavia,” pp. 61–122. In Roger S. Clark and Madeleine Sann (Eds.) The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. Bassiouni, the former chairman and Rapporteur on the Gathering and Analysis of Facts for the Commission of Experts, discusses the following: the Commission’s establishment, the Commission’s mandate and com-
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position, how the Commission was financed, the Commission’s working methods, data gathering and analysis of the facts, the Commission’s on-site investigations, the investigations conducted by governments on the behalf of the Commission, the Commission’s termination, and conclusions and assessment. 119.
Bassiouni, M. Cherif (1999). Crimes Against Humanity in International Criminal Law. Second Revised Edition. The Hague: Kluwer Law International. 610 pp. In this massive volume, Bassiouni (professor of Law at DePaul College of Law, vice chair of the UN General Assembly’s Ad Hoc Committee for the Establishment of an International Criminal Court, and chair of the Drafting Committee of the United Nations Diplomatic Conference on the International Criminal Court) persuasively establishes the legal validity of the Nuremberg Charter and describes the evolution of “crimes against humanity” from 1945 to the 1998 International Criminal Court (ICC) Statute. The book’s comprehensive historical and legal analysis starts with the origins of crimes against humanity in the international regulation of armed conflicts, covers the Nuremberg, Tokyo, and allied prosecutions after World War II, and subsequent national prosecutions, as well as the Statutes of the International Criminal Tribunal of the Former Yugoslavia (ICTY), the International Criminal Tribunal of Rwanda (ICTR) (and their jurisprudence), and, as mentioned above, the Statute of the ICC. The book is comprised of the following ten chapters: 1. “Emergence in Positive International Criminal Law”; 2. “Sources: The Law of Armed Conflicts”; 3. “Threshold Issues of Legal Philosophy”; 4. “Principles of Legality and the Law of the Charter”; 5. “Post-Charter Legal Developments”; 6. “The International or Jurisdictional Elements”; 7. “The Method of Identifying Specific Contents and the Contents of the Specific Crimes Formulated in the Charter and in Subsequent Formulations”; 8. “Ratione Personae and Elements of Criminal Responsibility”; 9. “Defenses and Exonerations”; and 10. “Individual Criminal Responsibility and International Prosecutions.” There are twenty specific references to genocide: incidents of (p. 569); committing of (p. 343); crimes against humanity—in relation to genocide (p. 568); individual criminal responsibility (p. 541); obedience to superior orders—absence of defense of (p. 477); crimes against humanity—as genocide (p. 188); definition of (p. 203); Draft Code of Offences—treatment in (pp. 188-189); individual responsibility for (p. 186); jus cogens and erga omnes doctrines (p. 215); jus cogens violations—as genocide (p. 211); meaning (p. 303); national, ethnical or religious groups—genocide of (p. 204); non-state actors—committed by (p. 245); persecution—manner
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in which genocide was achieved (p. 328); place of trial (pp. 234–235); protected categories—exclusion from (pp. 203–204); and reservations to Convention—illegality of (p. 215). 120.
Bassiouni, M. Cherif (1994). “‘Crimes Against Humanity’: The Need for a Specialized Convention.” Columbia Journal of Transnational Law, 31(3):457–494. Herein, Bassiouni “traces the origins and flaws of the early normative framework for ‘Crimes Against Humanity’ and identifies the reasons for the need to develop a specialized convention” (p. 459). In part, Bassiouni notes that while the Genocide Convention of 1948 covers several “Crimes Against Humanity,” it does so “only with respect to certain specific acts, accompanied by specific intent, against specifically designated groups. Thus, it excludes all other acts and groups not specified in the Convention” (p. 477).
121.
Bassiouni, M. Cherif (1987). A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal. Dordrecht, The Netherlands: Martinus Nijhoff Publishers. 492 pp. In this highly acclaimed book, Bassiouni presents a detailed analysis of the draft statute for an International Criminal Tribunal, among other key issues. The book is comprised of the following: “Introduction”; “Table of Abbreviations”; “The Codification of International Criminal Law and the Establishment of an International Criminal Court”; “A Rationale for International Crimes”; “Introduction to the Structure and Fundamental Use of the Draft International Criminal Code and Draft Statute for an International Criminal Tribunal”; “Draft International Criminal Code” (Part I. General Part; Part II. Special Part; Part III. Procedural Enforcement Part); “Draft of the International Criminal Tribunal” (Part IV. Statute of the International Criminal Tribunal); “General Provisions” (General Treaty Provisions on the Convention on the International Criminal Code and Statute of the International Criminal Tribunal); and a Selected Bibliography on International Criminal Law.
122.
Bassiouni, M. Cherif (2005). “The Establishment of the International Criminal Court (ICC”), pp. 241–285. In Samuel Totten (Ed.) Genocide at the Millennium—Genocide: A Critical Bibliographic Review. Volume 5. New Brunswick, NJ: Transaction Publishers. 302 pp. This chapter delineates the following vis-à-vis the ICC: its conception and creation, its main characteristics, its jurisdiction, the invoking of its jurisdic-
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tion, the exercise of its jurisdiction, and its organization and operation. It also contains a lengthy (pp. 266–285) annotated bibliography of key works on the ICC, compiled and written by Samuel Totten. 123.
Bassiouni, M. Cherif (1995). “Former Yugoslavia: Investigating Violations of International Humanitarian Law and Establishing an International Criminal Tribunal.” Fordham International Law Journal, 18(4):1191–1211. In this Article, Bassiouni examines the following issues: I. Historical Precedents; II. Legal Techniques in Establishing Ad Hoc Criminal Tribunals; and III. Assessing the Processes of Justice.
124.
Bassiouni, M. Cherif with Peter Manikas (1996). The Law of the International Criminal Tribunal for the Former Yugoslavia. Irvington-on-Hudson, NY: Transnational Publishers, Inc. 1,092 pp. The lead author of this massive and detailed book is the renowned international law scholar M. Cherif Bassiouni, who was involved in the process that led to the establishment of the International Criminal Tribunal for the Former Yugoslavia, the drafting of its Statute, and the Statute’s adoption by the UN Security Council in Resolution 827. He also served as the chairman of the Commission of Experts Established Pursuant to UN Security Council Resolution 780 (1992). The book is comprised of the following twelve chapters: I. “Background of the Conflict in the Former Yugoslavia”; II. “Establishment of the Tribunal and Legislative History”; III. “Competence of the Security Council and Characterization of the Statute”; IV. “The Principles of Legality”; V. “Jurisdiction of the Tribunal Under the Statute: Articles 1, 6, 8, 9, and 10”; VI. “The General Part: Article 7”; VII. “Characterization of the Conflict”; VIII. “The Substantive Law of the Tribunal: Articles 2 Thorough 5”; IX. “Sanctions, Penalties, and Rules of Detention”; X. “Methods of Enforcement”; XI. “Organization of the Tribunal: Articles 11 through 17, 22, and 30 through 34”; and XII. “Tribunal Proceedings.”
125.
Bazyler, Michael J. (1999). “The Nuremberg Charter,” p. 549. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. This short piece discusses the focus, adoption and legacy of the Nuremberg Charter, which was adopted by the London Agreement of August 9, 1945, and “marked the beginning of modern international efforts to bring war criminals to justice” (p. 549). As Bazyler notes, “The Charter and its principles are the forefathers of, and have provided the inspiration for, later international war crime tribunals” (p. 549).
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126.
Bazyler, Michael J. (1999). “United Nations War Crimes Tribunal for the Former Yugoslavia and Rwanda,” pp. 556–557. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. An overview of the focus, mandate, and functions of the ad hoc tribunals (the ICTY and the ICTR), and how and why they constitute a milestone in international law.
127.
Beigbeder, Yves (1999). Judging War Criminals: The Politics of International Justice. New York: St. Martin’s Press. 230 pp. This book is comprised of the following eleven chapters: 1. “Humanitarian Law: From Normative Thrust to Criminal Enforcement”; 2. “The Nuremberg Precedent”; 3. “The Tokyo Trial”; 4. “The Hidden, Denied, and Unpunished Mass Crimes”; 5. “Truth and Reconciliation”; 6. “Impunity, National Justice and Foreign Courts”; 7. “International Peoples’ Tribunals”; 8. “The International Tribunal for Crimes in the Former Yugoslavia”; 9. “The International Criminal Tribunal for Rwanda”; 10. “The Slow Birth of an International Criminal Court”; and 11. “International Justice and Politics.”
128.
Beres, Louis Rene (1984). “Reason and Realpolitik: International Law and the Prevention of Genocide,” pp. 306–324. In Israel W. Charny (Ed.) Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press. Beres argues that realpolitik overpowers the moral imperative expressed in the norms of international law, and because of the latter what is needed is the creation of a new world order system in which anti-genocide efforts will be perceived by states as not only in the interest of all peoples across the globe but in the interest of the states themselves. More specifically, he argues for “a new world order system—a planetary network of obligations stressing cooperative global concerns over adversarial relationships, and a move away from the dying forms of realpolitik” (p. 316).
129.
Bethlehem, Daniel, and Weller, Marc (Eds.) (1997). The “Yugoslav” Crisis in International Law: General Issues. Part I. Cambridge, UK: Cambridge University Press. 711 pp. This volume is the first in a series whose express purpose is to create a comprehensive record of the crisis in the former Yugoslavia. It includes general materials reflecting the response of the international community, acting through the United Nations, to all aspects of the crisis. The documents include Security Council Resolutions and Presidential Statements and the extensive Council debates, which led to their adoption. Also reprinted are
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the reports of the UN Secretary-General, chronicling the development of the crisis beginning with its inception in 1991. 130.
Bhuta, Nehal (1999). “Justice Without Borders? Prosecuting General Pinochet.” Melbourne University Law Review, 23(2):499–532. In this “Case Note,” Bhuta, a student of law at the University of Melbourne, . . . reviews the long, and still incomplete, history of the case against Augusto Pinochet. Part II situates attempts to prosecute Pinochet in the context of the legacy of authoritarian rule and the struggle against impunity in Latin America. Part III reviews the Spanish indictments that are the basis for the extradition proceedings in the UK. Part IV considers the four decisions of UK courts concerning former head of state immunity, and the application of international criminal law in domestic jurisdictions. Part V briefly reflects on the “Pinochet Precedent,” and the prospects for using domestic courts to pursue those responsible for grave human rights crimes. (p. 501)
131.
Blank, Laurie R. (2002). The Role of International Financial Institutions in International Humanitarian Law: Report from the International Humanitarian Law Working Group. Washington, D.C.: United States Institute of Peace. 42 pp. This report is comprised of the following: 1. “Introduction”; 2. “A Role for International Financial Institutions?”; 3. “How IFIs Can Contribute to International Humanitarian Law”; and 4. “Conclusions and Recommendations.”
132.
Blinderman, Eric (2002). “International Law and Information Intervention,” pp. 104–138. In Monroe E. Price and Mark Thompson (Eds.) Forging Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In this piece, Blinderman, an attorney with degrees in communication and international law, states that “this chapter” first defines the term “information intervention” and then compares it to more traditional legal concepts of humanitarian intervention. . . . In the middle sections, the chapter discusses the legality of United Nations-authorized preemptive information intervention and contrasts it to the purported legality of information intervention undertaken by a single state or group of states that do not receive authorization from the United Nations or the target state’s consent. The chapter then discusses whether an intervening state or group of states may lawfully utilize the techniques of information intervention against a target state when individuals in the target state, acting in their individual or official capacity, utilize media outlets at their disposal to incite others into committing genocide. Finally, the last section argues that new international
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legal norms allowing for both United Nations authorized and non-authorized pre-emptive information intervention need to be created so that states are better equipped to prevent the occurrence of systematic and widespread human rights violations. (p. 106)
133.
Boed, Roman (2000). “The Effect of a Domestic Amnesty on the Ability of Foreign States to Prosecute Alleged Perpetrators of Serious Human Rights Violations.” Cornell International Law Journal, 33(2):297–320. In this article, Boed, associate legal officer, United Nations, International Criminal Tribunal for Rwanda, “ . . . develops an analytical framework for answering the question whether states with no connection to the given offense may prosecute the alleged offender despite the fact that he received an amnesty from the state where the offense took place” (p. 298). The article is comprised of the following sections and subsections: Introduction; I. The Validity of the Exercise of Universal Jurisdiction (A. Prelude; Erga Omnes Obligations and Legal Interests of State, and B. Universal Jurisdiction (1. Universal Jurisdiction Over Crimes Against Humanity; 2. Universal Jurisdiction Over the Crime of Genocide; 3. Universal Jurisdiction Over the Crime of Torture; 4. Concluding Observations About the Validity of the Exercise of Universal Jurisdiction); II. The Validity of a Domestic Amnesty Under International Human Rights Law (A. Amnesty Over Crimes Against Humanity; B. Amnesty Over the Crime of Genocide; C, Amnesty Over the Crime of Torture; D. Concluding Observations About the Validity of Domestic Amnesties); and III. Analytical Framework (A. Valid Jurisdiction/Invalid Amnesty; B. Valid Jurisdiction/Valid Amnesty; C. Invalid Jurisdiction/Valid Amnesty; D. Invalid Jurisdiction/Invalid Amnesty; E. Concluding Comments About the Analytical Framework).
134.
Bothe, Michael (1996). “War Crimes in Non-International Armed Conflicts,” pp. 293–304. In Yoram Dinstein and Mala Tabory (Eds.) War Crimes in International Law. The Hague: Martinus Nijohff Publishers. This essay by Bothe, professor of public law at the Johan-Wolfgang Goethe University in Frankfurt, is comprised of the following sections: General Criminal Law; Specific Criminal Law Provisions Relating to the Laws of War: Treaties Requiring Punishment of Crimes Committed in Non-International Armed Conflict (1. Genocide; 2. Other (Draft) Treaties [Draft Code of Crimes Against the Peace and Security of Mankind]); An International Power to Punish Violations of the Law Relating to Non-International Armed Conflict; An International Duty to Punish Violations of the Law in Relation to Non-International Armed Conflicts; and the Position of the Insurgent Party.
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Bouchet-Saulnier, Francoise (2002). The Practical Guide to Humanitarian Law. Lanham, MD: Rowman & Littlefield Publishers. 489 pp. This is basically a handbook for use by humanitarian organizations and personnel engaged in helping victims of large-scale violence. Using alphabetical entries, Bouchet-Saulnier, legal director of Médecins Sans Frontières (MSF) and Legal Counsel and Research Director for the MSF Foundation in Paris, provides key information on pertinent documents, conventions, practices and mandates essential to the operations of intergovernmental (IGOs) and non-governmental organizations (NGOs).
136.
Bröhmer, Jürgen (1999). “Diplomatic Immunity, Head of State Immunity, State Immunity: Misconceptions of a Notorious Human Rights Violator.” Leiden Journal of International Law, 12(2):361–371. Bröhmer, senior lecturer of public international law at the University of Saarland, Saarbrüken, Germany, analyzes England’s House of Lords’ decision to refuse to grant former president/dictator Augusto Pinochet immunity from adjudication “in the context of alleged gross violations of human rights” (p. 361). Although the author agrees with the Lords’ decision, he disagrees with the reasoning because “the majority circumvented the immunity questions by artificially qualifying the alleged human rights violations of General Pinochet as private acts” (p. 361). This piece is comprised of the following sections and subsections: 1. Facts and Brief Summary of the Decision of the House of Lords; 2. Immunity of States, Diplomats, and Heads of State in International Law (2.1 State Immunity; 2.2. Diplomatic Immunity; 2.3. Head of State Immunity); and Conclusion and Outlook.
137.
Broms, Bengt (1996). “The Establishment of an International Criminal Court,” pp. 183-196. In Yoram Dinstein and Mala Tabory (Eds.) War Crimes in International Law. The Hague: Martinus Nijhoff Publishers. Broms, professor of international and constitutional law in Helsinki, provides a short but instructive history of the origin and evolution of the establishment of the International Criminal Court (ICC), as well as a fairly detailed discussion of the draft statute for an international criminal court.
138.
Broomhall, Bruce (2003). International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law. New York: Oxford University Press. 215 pp. Broomhall, lecturer in public international law at Central University in Budapest, Hungary, where he is also the senior legal officer of international justice with the Open Society Justice Initiative, reviews the rapid development of
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international law in the 1990s and early 2000s. In doing so, he explores key issues germane to official immunities, universal jurisdiction, the International Criminal Court, and the stance of the United States, seeking to clarify how justice can best be served in a system of sovereign states. The book is comprised of the following parts and chapters: Part I: International Criminal Law (I. “Scope”; II. “From National to International Responsibility”; III. “The Rule of Law and International Accountability”); Part II: Practice (IV. “The International Criminal Court”; V. “National Proceedings (including amnesties)”; VI. “Universal Jurisdiction”; VII. “Immunity”; VIII. “ICC Enforcement: Cooperation of States, Including the Security Council”; IX. “Cornerstone or Stumbling Block? The United States and the ICC”); and Part III. “Conclusion: Systemic Change and International Justice (Sources).” 139.
Brown, Chris (2002). Sovereignty, Rights and Justice: International Political Theory Today. Cambridge (UK): Polity Press. 276 pp. Brown, professor of international relations at the London School of Economics and Political Science, surveys the relationship between international relations theory and political theory, delineating how these two discourses, once considered separate, are now intertwined. In the first part of the book, a historical overview of the international political theory on the “Westphalia System” is presented, with brief accounts of the law of nations, and the notion of an “international society,” as well as an examination of international thought during the Enlightenment and in nineteenth-century industrial society. International theory in the twentieth century is then examined, leading into a consideration of some of the key issues of late-twentieth century international relations, including: the rights of political communities; the ethics of force in international relations; human rights; humanitarian intervention; global social justice and the moral relevance of borders; and cultural diversity and “the Asian values” debate. In the final chapters, the impact of globalization on these issues is examined. This book contains twelve chapters: 1. “Introduction: Sovereignty, Rights and Justice”; 2. “The Westphalia System: The Law of Nations and the Society of States”; 3. “Enlightenment and Post-Enlightenment International Thought”; 4. “Realism, Liberal Internationalism and Twentieth-century International Policy Theory”; 5. “Self-Determination and Non-intervention”; 6. “Force, Violence and International Political Theory”; 7. “The Contemporary International Human Rights Regime”; 8. “Humanitarianism and Humanitarian Intervention”; 9. “Global Inequality and International Social Justice”; 10. “Cultural Diversity and International Policy Theory”; 11. “Post-Westphalian International Political Theory”; and 12. “A World Gone Wrong?”
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Brownlie, Ian (1963). International Law and the Use of Force by States. Oxford: Clarendon Press. 560 pp. Considered a classic in the field, the author argues in favor of stringent limitations of the use of force “as spelled out in international law.”
141.
Brus, Marcel M. T. A. (1995). Third Party Dispute Settlement in an Interdependent World. Boston: MA: Martinus Nijhoff Publishers. 262 pp. In chapter 3 (“Coping with Analytical Complexity: A Systems Approach”), Brus cogently delineates the following problem vis-à-vis the prevention and intervention of genocide: In a society of states, among the most important principles are respect for state sovereignty, and connected with this, the principle that states can only be legally bound with their consent. The rule system exists in order to facilitate peaceful cooperation between the sovereign states, on the basis of a consistent application of fundamental principles upholding sovereignty, independence and territorial integrity. The traditional system of international law seems to apply these fundamental principles in a consistent manner. However, this traditional system is difficult to maintain in the present interdependent world. Even the traditional state society requires some substantive principles or values which form the basis of inter-state cooperation. The introduction of the prohibition of the use of force, and of other rules of jus cogens are obvious examples of this. With this, the traditional perspective on the society of states becomes mixed with elements of the international community perspective. Turning to this international community perspective, it has to be concluded that in this respect an international rule system does not yet exist. The objective of such a system would be consistent application of basic principles such as those identified above [see page 90 in this book]. Although these principles are gaining importance as basic elements of international law, they are certainly not applied consistently in state practice, and independent mechanisms to ensure their consistent application still have to be developed to a large extent. With regard to, for example, the prohibition of genocide . . . , which [is] recognized as [a] fundamental value of the system in international conventions and declarations—it is evident that their application and interpretation depends to a large extent on political and economic actors. Although the Genocide Convention provides for settlement of disputes by the International Court of Justice at the request of one party, consistent application and interpretation can hardly be guaranteed by the Court as many states have made a reservation concerning the compulsory jurisdiction of the Court . . . . Several states . . . consider states that have made these reservations not to be parties to the Convention. (pp. 92–93).
142.
Campanaro, Jocelyn (2001). “Women, War, and International Law: The Historical Treatment of Gender-Based War Crimes.” The Georgetown Law Journal, 89(8):2557–2592.
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In this “Note,” Campanaro, a J.D. candidate at Georgetown University Law Center, examines how gender-based war crimes (e.g., sexual assaults against women) have been treated historically in war-crimes tribunals from World War II through the international criminal tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) in the 1990s and early 2000s. In the last part of the piece, Campanaro addresses the Rome Statute of the International Criminal Court (ICC) and assesses “its progress, limitations and implications for creating greater recognition of gender-based crimes and the increased possibilities for future prosecution of sexual violence” (p. 2559). 143.
Cassese, Antonio (2001). “The Contribution of the International Criminal Tribunal for the former Yugoslavia to the Ascertainment of General Principles of Law Recognized by the Community of Nations,” pp. 43–55. In Sienho Yee and Wang Tieya (Eds.) Intentional Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. This essay by Cassese, professor of international law at the University of Florence and a former judge (1993–2000) and president (1993–1997) of the International Criminal Tribunal for the Former Yugoslavia (ICTY), is comprised of the following parts: I. Resort to Principles Common to Civilized Countries in the 1800s and Early 1900s; II. The Codification of Resort to Those Principles in 1921; III. The Present Role of the General Principles of Law Recognized by the Community of Nations; IV. The Case-Law of the ICTY; V. The Need to Proceed with Great Caution When Resorting to General Principles; VI. The Logical Order in Which Courts Should Apply the General Principles and Other Principles or Rules of International Law; and VII. Concluding Remarks.
144.
Cassese, Antonio (2001). International Law. Oxford: Oxford University Press. 469 pp. This book presents an overview of international law by not only exploring the dynamics of such law from a legal viewpoint, but also through an examination of the historical and sociological dimensions of legal institutions. The book is divided into three main parts: I. Origins and Foundations of the International Community; II. Creation and Enforcement of International Legal Standards; and III. Contemporary Issues in International Law. As for the issue of genocide, the book contains information on the following issues/concerns: actus reus; the U.N. Convention on the Prevention and Punishment of Genocide (adoption, enforcement mechanism, flaws); the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); and mens rea and prosecution and punishment.
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Cassese, Antonio (1998). “On the Current Trends Towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law.”European Journal of International Law, 9(1):2–7. Cassese asserts that international criminal tribunals are critical to honoring justice and the rule of law but that state sovereignty remains a major impediment to the effective enforcement of international criminal justice.
146.
Catholic Institute for International Relations and International Platform for Jurists for East Timor (Ed.) (1995). International Law and the Question of East Timor. London and the Netherlands: The authors. 341 pp. In this book, international lawyers and legal experts analyze the brutal invasion of East Timor by Indonesia through the lenses of international and humanitarian law and legal concepts of self-determination. The issue of genocide is discussed in the “Introduction” by Pedro Pinto Leite”; “The Case of East Timor from the Prospective of Jus Cogens” by Lauri Hannikainen; “The Invasion of East Timor” by Adriano Moreira; and the “Conclusion” by Christine Chinkin.
147.
Chesterman, Simon (2001). Just War or Just Peace? Humanitarian Intervention and International Law. Oxford: Oxford University Press. 326 pp. Chesterman, associate of the International Peace Academy, presents an examination of the legality of humanitarian intervention. In doing so, he examines the genesis of the concept, and asserts that as a legal concept it does not make sense. More specifically, he delineates what he considers to be the weaknesses inherent in the arguments supporting a doctrine of unilateral humanitarian intervention in international society. Furthermore, he argues that states do not have a legal right to carry out an intervention even if it is in support of UN Security Council resolutions, and not even if they believe that it is the only way to halt a genocide. He also provides a detailed analysis of NATO’s action in Kosovo “in its proper legal perspective.”
148.
Chimni, B. S. (2002). “A New Humanitarian Council for Humanitarian Interventions?” The International Journal of Human Rights, Spring, 6(1):103–112. In the introduction to this piece, Chimni calls for the establishment of what he deems the Humanitarian Council, whose express purpose would be to decide when a humanitarian intervention is needed and then to call for it. In part, he asserts that The phenomenon of armed “humanitarian intervention” represents a central problem of our times. On the one side, there is the fundamental international principle of sovereignty which dictates non-intervention into the internal affairs of states and on the other, there is the growing belief that the international community should prevent the massive and systemic violations of human
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rights by any state. The two inevitable questions that flow from the antinomy are: first, when is the violation of human rights of a nature that the principles of sovereignty and non-intervention can be trumped? Second, what action is necessary and by whom? (p. 103)
This essay is comprised of the following sections: The Concept of “Humanitarian Intervention” and the Problem of Selectivity; The Original Purpose of Chapter VII?; The Complex UN Amendment-Process; The Humanitarian Council: Will It Help; and Alternative Proposals. 149.
Chinkin, Christine (1999). “Women: The Forgotten Victims of Armed Conflict?” pp. 23–44. In Helen Durham and Timothy L. H. McCormack (Eds.) The Changing Face of Conflict and the Efficacy of International Humanitarian Law. The Hague: Martinus Nijhoff Publishers. In this important essay, Chinkin, professor of international law at the London School of Economics and Political Science, examines, through the lens of the conflicts resulting from the disintegration of the former Yugoslavia and the genocide in Rwanda, how women have been among the “forgotten” victims of the laws of both international and non-international armed conflict. In the course of her essay, Chinkin discusses the following: Sexual Assault in the Tribunals for the Former Yugoslavia and Rwanda (Jurisdiction, Prosecution Policy, Rules of Procedure and Evidence, Trial Process). She also addresses the “issue as to whether women remain the forgotten victims of war.” At one point, she discusses the issue of mass rape and its relationship to genocide: It has been forcefully asserted by the United Nations General Assembly that where rape has been carried out on a massive and systematic basis for the purposes of destroying the family and community life of the victims, of “cleansing” the vicinity of all other ethnicities by causing mass flight, and births of a tainted bloodline, it becomes genocidal. In reviewing the indictments against Karadzic and Mladic, a Trial Chamber of the ICTY [International Criminal Tribunal in the Former Yugoslavia] invited the prosecution “to consider broadening the scope of the characterization of genocide to include other criminal acts listed.” It suggested that “the systematic rape of women . . . is in some cases intended to transmit a new ethnic identity to the child. In other cases, humiliation and terror serve to dismember the groups.” It considered this characterization to be supported by the forced detention of women for impregnation and subsequently abortion. (pp. 28–29)
Chinkin’s arguments extend beyond the latter to a host of other issues, which, in turn, leads her to conclude, in part, that I would still argue that women are not sufficiently taken account of by international humanitarian law and that [the various] advances will create the false
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illusion that the crimes against women has now been adequately addressed. First, the ad hoc tribunals are limited to the conflicts in the former Yugoslavia and Rwanda, and there has to date been limited prosecution of rape, despite a number of indictments by both Tribunals. There is no general recognition of the reality that violent sexual abuse of women continues with impunity in other internal and international conflicts across the globe. (p. 40)
150.
Chopra, Jarat (1999). Peace-Maintenance: The Evolution of International Political Authority. New York: Routledge. 261 pp. In this book, Chopra, director of the International Relations Program at Brown University and the individual who developed the concept and coined the term “peace maintenance,” examines the controversial concept of peace maintenance that has evolved out of diplomatic peacekeeping and military peace-enforcement. In doing so, Chopra also delineates the limitations of traditional peacekeeping principles, and traces the evolution of the political, administrative, legal, and judicial ingredients of international authority. Chapter 4 is entitled “International Rules of Law,” and includes the following sections: Individual Criminality, Crimes Against Peace, Crimes Against Humanity, War Crimes, Crimes Against the United Nations, and A Peace-Maintenance Criminal Code. Chapter 5 is entitled “International Means of Order,” and includes, in part, the following sections: Universal Prosecution by an International Criminal Court, and Ad Hoc Prosecution for Partitioned Yugoslavia.
151.
Clark, Roger S., and Sann, Madeleine (Eds.) (1996). The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. 502 pp. In this book, the contributors examine the creation, mandate, and challenges of the International Tribunal for the Former Yugoslavia (ICTY). The essays initially appeared in a special issue of Criminal Law Forum: An International Journal, a peer-reviewed journal dedicated to the advancement of criminal law, theory, practice, and reform throughout the world. The book is comprised of the following: Part I. Introductory Remarks. (1. “International Criminal Prosecution: The Precedent of Nuremberg Confirmed” by Christian Tomuschat; and 2. “Toward International Criminal Justice” by Jules Deschênes); Part II. Fact Finding (3. “The Commission of Experts Established Pursuant to Security Council Resolution 780: Investigating Violations of International Humanitarian Law in the Former Yugoslavia” by M. Cherif Bassiouni); Part III. Establishment of the Tribunal (4. “An International Criminal Tribunal: The Difficult Union of Principle and Politics” by Peter Burns; 5. “An Ad Hoc International Tribunal for the Prosecution of Serious Violations of International Humanitarian Law
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in the Former Yugoslavia” by Roman A. Kolodkin; 6. “Politics and the International Tribunal for the Former Yugoslavia” by David P. Forsythe; and 7. “Legal and Practical Implications, from the Perspective of the Host Country, Relating to the Establishment of the International Tribunal for the Former Yugoslavia” by Julian J. E. Schutte); Part IV. Substantive and Procedural Issues (8. “A Slovenian Perspective on the Statute and Rules of the International Tribunal for the Former Yugoslavia” by Pavel Dolenc; 9. “Rape and Other Forms of Sexual Assault in the Armed Conflict in the Former Yugoslavia: Legal, Procedural, and Evidentiary Issue” by C. P. M. Cleiren and M. E. M. Tijssen; 10. “Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia” by Daniel D. Ntanda Nsereko; and 11. “Securing the Presence of Defendants Before the International Tribunal for the Former Yugoslavia: Breaking with Extradition” by Kenneth S. Gallant); and Part V. Appendices. 152.
Cleiren, C. P. M., and Tijssen, M. E. M. (1996). “Rape and Other Forms of Sexual Assault in the Armed Conflict in the Former Yugoslavia: Legal, Procedural, and Evidentiary Issues,” pp. 257–292. In Roger S. Clark and Madeleine Sann (Eds.) The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. Herein, the authors discuss the following issues: scope of protection (crimes of a sexual nature, rape versus other forms of sexual assault); violence against women from a changing social and legal perspective; aspects of prosecution (nullum crimen, nulla poena sine lege, universal jurisdiction, criminal responsibility); sources of law (grave breaches of the Geneva Conventions of 1949, violations of law or customs of war, reprisals, noninternational conflict, genocide, crimes against humanity); and practical application of the law.
153.
Conflict Analysis Center (1984). Genocide: Ratification of the Convention on the Prevention and Punishment of the Crime of Genocide. Washington, D.C. Author (P.O. Box 75034, Washington, D.C. 20013.), Discussion of the United States’ ratification of the UNCG.
154.
Cornell International Law Journal (1999). Special Issue (“Symposium: The International Criminal Court: Consensus and Debate on the International Adjudication of Genocide, Crimes Against Humanity, War Crimes, and Aggression”) of the Cornell International Law Journal, 32(3). This special issue includes the following pieces: “Keynote Address” by Phillippe Kirsch; “Negotiating the Treaty of Rome on the Establishment of an International Criminal Court” by M. Cherif Bassiouni; “Issues Fac-
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ing the International Criminal Court’s Prepatory Commission” by Richard Kicker; “Checks and Balances and Elements of Proof: Structural Pillars for the International Criminal Court” by William L. Lietzan; “Politics by Other Means: The Law of the International Criminal Court” by Diane F. Orentlicher; “The Position of Switzerland with Respect to the ICC Statute and in Particular the Elements of Crime” by Didier Pfirter; “The Amnesty Exception to the Jurisdiction of the International Criminal Court” by Michael P. Scharf; “U.S. Policy and the International Criminal Court” by David J. Scheffer; and “The United States and the International Criminal Court: Achieving a Wider Consensus Through the ‘Ithaca Package’” by Ruth Wedgwood. 155.
Craven, Matthew C. R. (1998). “The Genocide Case: The Law of Treaties and State Succession,” pp. 127–163. In Ian Brownlie and James Crawford (Eds.) The British Year Book of International Law 1997. Oxford: The Clarendon Press. Craven, a senior lecturer in law at the School of Oriental and African Studies at the University of London, comments as follows in his introduction: In the past half-century the International Court of Justice has only rarely been called upon to consider the issue of State secession. . . . In the past year, however, the Court has been required to consider a number of such issues during the course of its proceedings in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide. In that case, the question of secession was central to the Court’s deliberations both in proceedings leading to its order of interim measures on 8 April, 1993 (Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro)) and its judgment on preliminary objections on 11 July 1996. (p. 127)
This piece is comprised of the following components: I. Introduction; II. The Application; III. Treaty Law and State Succession (a. The FRY and the Statute; b. The FRY and the Genocide Convention; c. Bosnia-Herzegovina and the Genocide Convention); and IV. Conclusion. 156.
Cryer, Robert (2005). Prosecuting International Crimes: Selectivity and the International Criminal Law Regime. New York: Cambridge University Press. 392 pp. The author discusses the legitimacy of the international criminal law regime, and in doing so he explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo trials, to today’s prosecutions of atrocities in the former Yugoslavia and Rwanda. He then evaluates the modern regime of prosecution of international crimes in regard to international relations theory, and then “subjects that regime to critique on the basis of legitimacy and the
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rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted.” He concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court (ICC) may also have narrowed the substantive rules of international criminal law. 157.
Damrosch, Lori Fisler (1993). “Changing Conceptions of Intervention in International Law,” pp. 91–114. In Laura W. Reed and Carl Kaysen (Eds.) Emerging Norms of Justified Intervention: A Collection of Essays from a Project of the American Academy of Arts and Sciences. Cambridge, MA: AAAS. This insightful essay by Damrosch, professor of Law at Columbia University in New York City, is divided into three parts. In part one, she explores the evolution of the norm of nonintervention “in terms of the values it implicates, its origin and application in customary law, and the treaties and other written instruments that give expression to it” (p. 92). In part two, she examines three issues regarding the legitimacy of unilateral state action: humanitarian intervention, pro-democratic intervention, and premature recognition of secessionist states. In part three, she focuses on the shift from unilateral to collective action and, in doing so, discusses how the series of post-cold war “internal” crises have created new challenges “for the texts and doctrines inherited from prior generations” (p. 92). Throughout, Damrosch focuses attention on the following question: “In what direction should international law and international institutions be evolving?” (p. 92). The introduction, alone, is worth reading for Damrosch makes useful distinctions regarding the interpretation and use of the term “intervention” by various parties.
158.
Damrosch, Lori Fisler (1998). “Genocide and Ethnic Conflict,” pp. 256–279. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. In her introduction, Damrosch, professor of Law at Columbia University School of Law, notes that This chapter will consider the legal definition of genocide in situations of ethnic conflict as well as questions of implementation through the legal institutions available to address such conflicts. My focus will be on integrating the substantive premises of the Genocide Convention—that genocide is a crime that individual human beings can and do commit against certain kinds of human groups and for which states can also be responsible—with effective implementation through workable institutions. Accordingly, Part I will consider conceptual problems in the definition of genocide in situations of
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ethnic conflicts, including problems having to do with the scope of protection afforded to ethnical (along with national, racial, and religious) groups as well as difficulties arising when an ethnic group becomes embroiled in an armed conflict. Part II will turn to an examination of the short-comings of the principal enforcement forums specified by the Genocide Convention—domestic courts for cases against individuals and the International Court of Justice for claims of state responsibility—and will conclude by addressing the potential for overcoming those shortcomings through newly created and prospective international criminal tribunals. My reflections about the Genocide Convention grow out of my involvement with the efforts of Human Rights Watch, a New York-based non-governmental organization, to document and seek accountability for genocide committed against the Kurds of Iraq. Human Rights Watch has obtained, analyzed, and published overwhelming proof that in the waning days of the Iran-Iraq War, specifically in 1987–89, Iraq successfully waged a brutal war of extermination against its own Kurdish population. As many as 100,000 Kurds were killed through chemical weapons and firing squads in one of the clearest cases of genocide since World War II. The obstacles to obtaining an authoritative juridical ruling on the legal consequence of these facts illustrate the importance of correlating a conceptually satisfactory definition of the crime of genocide with effective mechanisms for enforcement. Ambiguities in the convention’s definition of genocide should be resolved through interpretations that would advance rather than thwart the convention’s object and purpose: to prevent and punish genocide. (pp. 257–258)
159.
Davidson, Lorna, and Brandon, Scott (Eds.) (2000). Reality Demands: Documenting Violations of Humanitarian Law in Kosovo 1999. Brussels: International Crisis Group. 278 pp. From May 28 to December 28, 1999, 46 international and 123 local staff members conducted a study for the purpose of documenting both individual cases and patterns of human rights violations in Kosovo. During the process, statements were collected from thousands of victims and witnesses of human rights infractions in Kosovo. At the outset of the report/book, it is stated that: “It should be emphasized that the purpose of the project was to assist the work of the International Criminal Tribunal for the Former Yugoslavia (ICTY), which is the organization with the mandate to prosecute and punish persons responsible for . . . violations of international humanitarian law in the Former Yugoslavia since 1991” (p. 2). In chapters one and two, the project is introduced and the methodology is delineated. In chapter three, applicable provisions of humanitarian law are discussed. In chapters four and five, a summary of the evidence gathered is provided. In chapter six, the law discussed and analyzed in chapter three is applied to the facts delineated in chapters four and five.
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Ultimately, the editors conclude that the Kosovar population was subjected to crimes against humanity (and violations of the laws or custom of war), but “do not reach a definite conclusion on whether genocide was indeed committed in Kosovo in 1999” (p. 236). That said, the editors recommend that the question as to whether genocide was committed or not be raised and argued before the ICTY in order for the “intent issue” to be resolved by the tribunal. 160.
Degan, Vladimir-Djuro (2001). “Responsibility of States and Individuals for International Crimes,” pp. 202–223. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. This essay, by Degan, professor of public international law, Faculty of Law, Rijeka, is comprised of the following parts: I. Introduction; II. Common Elements of International Crimes; III. Legal Consequences of State Responsibility for International Crimes; IV. International Organizations and International Crimes; V. Some Features of Personal Responsibility of Individuals for International Crimes; VI. Responsibility of Individuals in Different Types of Armed Conflicts; VII. Unlawful Intervention, Aggression and Grave Breaches of the 1949 Geneva Conventions in Respect of Individual Criminal Responsibility; and VII. Concluding Remarks.
161.
deLisle, Jacques (2001). “Legality, Morality, and the Good Samaritan.” Special Issue (“The Cans and Cant’s of Humanitarian Intervention”) of Orbis: A Journal of World Affairs, Fall, 45(4):535–556. In his introduction, deLisle, professor of Law at the University of Pennsylvania, writes In an era when political leaders and policy advocates increasingly invoke humanitarian reasons to intervene around the world, the legality and underlying normative theory of humanitarian intervention spark heated disputes. On every major question, disagreement abounds among practitioners and commentators alike. Is humanitarian intervention ever permissible under international law? If so, within what range of factual circumstances or procedural conditions? Is it ever morally justifiable or ever obligatory? If so, do the applicable theories of politics or human rights point to relatively expansive or restrictive views of the propriety of intervention? This essay reviews the disparate answers to these questions that come from several, mostly positivist, arguments about the legality of humanitarian intervention and various consequentialist and rights-based analyses of the morality of intervention. An alternative model is derived from the American law and jurisprudence of the Good Samaritan. This Good-Samaritan-based paradigm can provide the connections between legal and normative questions and a degree of constraint and determinacy that are lacking amid the current welter of divergent and competing claims. (p. 535)
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de Waal, Alex (2000). Who Fights? Who Cares? War and Humanitarian Action in Africa. Trenton, NJ: Africa World Press, Inc. 243 pp. The essays in this volume were initially prepared for a conference on “humanitarian and political challenges in Africa” that was held in Kigali, Rwanda, in October 1999. The conference was convened by the InterAfrica Group and Justice Africa and hosted by the Pan African movement. The essays herein are unsigned. They are reportedly based on a wide range of contributions—both written and verbal. Among the diverse set of issues addressed are: “Why does war persist in Africa—is the continent caught in a ‘war trap’ whereby conflict is generating more conflict?”; “What are the causes, implications and solutions for genocide, especially in the Great Lakes?”; “What structures for regional peace and security are required for an effective international security order in Africa?”; “What is the future of humanitarian intervention in Africa—and in particular, do African forces now require a specifically African doctrine for intervention?”; “Certain forms of democratic political process can help prevent famine—how can these be made a reality in Africa?”; “What institutions can be effective in preventing and relieving humanitarian crises?”; “What is the role for international humanitarian law?”; and “What mechanisms for humanitarian accountability can be developed?” The eight chapters that comprise this book are: 1. “The Persistence of War in Africa”; 2. “Genocide and Its Implications”; 3. “Structures for Regional Peace and Security”; 4. “Interventions and Sanctions”; 5. “Democratic Political Process and the Fight Against Famine”; 6. “Humanitarian Capacities and Institutions”; 7. “International Humanitarian Law”; and 8. “Humanitarian Accountability.”
163.
Dinstein, Yoram, and Tabory, Mala (Eds.). (1996). War Crimes in International Law. The Hague: Martinus Nijhoff Publishers. 489 pp. This volume is comprised of the following sections, essays, and appendices: Part I. War Crimes and Responsibility (“The Distinctions Between War Crimes and Crimes Against Peace” by Y. Dinstein; “Crimes Under the I.L.C. 1991 Draft Code” by L. C. Green; “Crimes Against the Peace and Security of Mankind and the Recalcitrant Third State” by C. Tomuschat; “War Crimes and State Responsibility” by S. Rosenne; “Ethnic Cleansing” by N. Lerner; “Violations of Human Rights in Time of War as War Crimes” by H. S. Levie; “The Modern Pattern of War Criminality” by G. I. A. D. Draper); Part II. War Crimes and Punishment (“The Establishment of an International Criminal Court” by B. Broms; “A Review and Critique of the Statute of the International Tribunal” by J. J. Shestack; “The Normative Impact on International Law of the International Tribunal for Former Yugoslavia”
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by T. Meron; “The Decentralized Prosecution of International Offences through National Courts” by R. Wolfrum; “’Defences’ in War Crime Trials” by A. Eser); Part III. War Crimes in Special Situations (“Some Issues Relating to War Crimes in Air and Sea Warfare” by E. Roucounas; “War Crimes in Non-international Armed Conflicts” by M. Bothe; “Treatment of War Crimes in Peace Settlements—Prosecution or Amnesty?” by F. Domb; “The Demjanjuk Case” by M. Kremnitzer; and “Hearsay Evidence in War Crimes Trials” by K. Mann); and Appendices (“United States-France-Great Britain-Soviet Union Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis”; “Charter of the International Military Tribunal for the Far East”; “Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of Law Committed in the Territory of the Former Yugoslavia Since 1991”; “Draft Statute for an International Criminal Court” and “Statute of the International Tribunal for Rwanda”). 164.
Dugard, John (1997). “Obstacles in the Way of an International Court.” The Cambridge Law Journal, 56(2):329–342. This article, by the director of the Research Centre for International Law at the University of Cambridge, is comprised of the following sections and subsections: I. Obstacles to the Court (A. Different Approaches to Criminal Justice; B. Which Crimes Are to Fall within the Court’s Jurisdiction?; C. State Sovereignty and the Jurisdiction of an International Criminal Court); and II. Different Methods for the Establishment of an International Criminal Court.
165.
Dunlap, Charles J. (2000). “Rethinking Noncombatancy in the Post-Kosovo Era: The End of Innocence.” Strategic Review. Summer, 28(3): 9–17. In this provocative article, the author, a United States Air Force Colonel, suggests that while the protection of civilian property during war is an accepted norm of international law, the North Atlantic Treaty Organization’s operation in Kosovo that caused hardship on “the sentient, adult ‘noncombatants’ population” via property loss is capable of diminishing a society’s propensity toward “malevolence.” More specifically, he asserts that “[W]hile civilians should not be targeted, a new paradigm for noncombatancy that allows the destruction of certain property currently protected by international law but not absolutely indispensable to civilian survival may well help shorten conflict and effect necessary societal change” (p. 9).
166.
Durham, Helen (2001). “Women and Civil Society: NGOs and International Criminal Law,” pp. 819–843. In Kelly D. Askin and Dorean M. Koenig (Eds.) Women and International Human Rights Law. Volume 3. Ardsley, NY: Transnational Publishers, Inc.
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In her introduction, Durham, Australian Red Cross manager for International Humanitarian Law, writes that This chapter examines the role women’s non-governmental organizations (NGOs) play in international criminal law. Using case studies of the development of the Statute for an International Criminal Court [ICC] and the proceedings of the ad hoc international criminal tribunals both in the former Yugoslavia and Rwanda, the chapter argues that women’s groups have had a significant impact on the creation and enforcement of this area of law. (p. 819)
The chapter is comprised of the following sections and subsections: Introduction; Non-Governmental Organizations (NGOs) (Defining NGOs, NGOs and the UN); The Role of Women’s NGOs; The Role of NGOs in Creating and Crafting the ICC Statute; The Rome Conference on the Establishment of the ICC); NGOs and the Ad Hoc Tribunals; NGOs Gathering Evidence; Case Studies (Australian Committee of Investigation into War Crimes; American Serbian Women’s Caucus; Amicus Curiae Briefs); and Conclusion. 167.
Durham, Helen, and McCormack, Timothy, L. H. (Eds.) (1999). The Changing Face of Conflict and the Efficacy of International Humanitarian Law. The Hague: Martinus Nijhoff Publishers. 225 pp. This book has numerous chapters that will be of interest to genocide scholars and others interested in the prevention and intervention of genocide. Among the most relevant are the following: Chapter I. “A Critique of the Additional Protocols to the Geneva Conventions of 1949” by Christopher Greenwood; chapter 2. “Women: The Forgotten Victims of Armed Conflict?” by Christine Chinkin; chapter 6. “Legal Constraints on Military Personnel Deployed on Peacekeeping Operations” by Garth J. Cartledge; chapter 7. “Responsibility for Public Security in Peace Operations” by Michael J. Kelly; chapter 8. “National Prosecutions of War Crimes and the Rule of Law” by Gillan Triggs; chapter 9. “International Criminal Law and the Ad Hoc Tribunals” by Helen Durham; and chapter 10. “Enforcement of International Humanitarian Law.”
168.
Duursma, Jorri (1999). “Justifying NATO’s Use of Force in Kosovo?” Leiden Journal of International Law, 12(2):287–295. In this editorial, an editor of the Leiden Journal of International Law discusses NATO’s use of force in Kosovo, which was taken without the authorization of the U.N. Security Council, and analyzes the legal framework and complexities of the Kosovo crisis and its repercussions vis-à-vis the concept of “justified use of force” (p. 287). Ultimately, he concludes that NATO’s actions set a dangerous precedent.
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169.
Ferencz, Benjamin (1992). “An International Criminal Court: Where They Stand and Where They’re Going.” Columbia Journal of Transnational Law, 30(2):375–399. Herein, the noted jurist and prosecutor of the Nuremberg War Crimes Trials, discusses the background to the concept of an international court, the initial (1982) draft code of international crimes, why and how progress toward establishing an international criminal court stalled during the cold war years, and a move towards the establishment of such a court in the early 1990s.
170.
Fitzpatrick, Joan (2000). “Temporary Protection of Refugees: Elements of a Formalized Regime.” American Journal of International Law, April, 94(2):279–306. The author discusses the concept of “temporary protection of refugees,” historical precedents of the concept and practice, objectives and motivations for implementing such a concept/practice, the regional use of temporary protection, and issues concerning the duration of temporary protection and standards of treatment that must be adhered to during the period of protection.
171.
Foley, Brian J. (2003). “Avoiding a Death Dance: Adding Steps to the International Law on the Use of Force to Improve the Search for Alternatives to Force and Prevent Likely Harms.” Brooklyn Journal of International Law, 29(1):129–173. Foley, visiting associate professor of Law at Touro College, states the following in his introduction: International law controls the resort to and use of force, by either the UN or a single nation. The precise nature of this control, however, is vague. This Article implicitly argues for an understanding of these laws as a three-step process, a clarification that would be a “reform” in and of itself. The three steps are: (1) whether the situation to be addressed falls within the category of situations where force is one of the allowable responses; if so (2) whether force is a necessary response, that is, whether meaningful alternatives to force exist; and (3) whether the force used as a response complies with the norms of military necessity, proportionality and discrimination. Steps One and Two can be described as concerns of the jus ad bellum (the law governing the decision of whether to use force). Step Three contains concerns of the jus in bello (the law regulating how force is actually used and how hostilities are conducted). This Article proposes to modify the laws concerning the use of force by focusing on Steps Two and Three, because these steps can serve, prospectively, to prevent the atavistic and undisciplined use of force in response to a crisis or attack. (pp. 130–131)
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Fordham International Law Journal (1999). Special Issue: “Genocide, War Crimes, and Crimes Against Humanity.” Fordham International Law Journal, 23(2). This Special Issue (“Dedicated to the United Nations High Commission for Human Rights”) contains the following pieces: (Introduction) “Genocide, War Crimes, Crimes Against Humanity” by Mary Robinson; (Article): “Prosecution and Punishment of the Crimes of Genocide” by Johan D. van der Vyver; and (essays): “Never Again?” by Sven Alkalaj; “NATO’s Actions to Uphold Human Rights and Democratic Values in Kosovo: A Test for a New Alliance” by Sergio Balanzino; “The ICC’s New Legal Landscape: The Need to Expand U.S. Domestic Jurisdiction to Prosecute Genocide, War Crimes, and Crimes Against Humanity” by D. Cassel; “International Human Rights and Standards” by Jeremy Greenstock; “From Nuremberg to Rome and Beyond: The Fight Against Genocide, War Crimes, and Crimes Against Humanity” by Dieter Kastrup; “The Russian Approach: The Fight Against Genocide, War Crimes, and Crimes Against Humanity” by Sergey Lavrov; “The Work of Re-Membering: After Genocide and Mass Atrocity” by Martha Minow; “The Role of the ICTY in the Development of International Adjudication” by Ivan Simonovic; “The Future of Genocide: A Spectacle for the New Millennium” by David M. Smolin; and “Atrocities, Deterrence, and Limits of International Justice” by David Wippman.
173.
Fox, Gregory H. (1997). “New Approaches to International Human Rights: The Sovereign State Revisited,” pp. 105–130. In Sohail H. Hashmi (Ed.) State Sovereignty: Change and Persistence in International Relations. University Park: The Pennsylvania State University Press. In this essay, Fox, an attorney and research fellow at the Max Planck Institute for Comparative Public and International Law in Heidelberg, Germany, addresses the following issues: Understanding and Defining Sovereignty; The Law of Human Rights: Normative and Institutional Trends; The Institutionalization of Human Rights Protection (1. Expanding Jurisdiction of the UN Security Council; 2. Mediation of Civil Wars; 3. Election Monitoring; 4. The Law of Recognition; 5. International Lending Practices; 6. Yugoslav War-Crimes Tribunal); and Strengthening the Sovereign State.
174.
Franck, Thomas M., and Rodley, Nigel S. (1973). “After Bangla Desh: The Law of Humanitarian Intervention by Military Force.” American Journal of International Law, 67(1):275–305. In addition to providing a survey of humanitarian intervention issues, the authors (Franck, a member of the American Journal of International Law’s board of editors, and Rodley, research fellow, Center for International
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Studies, New York University) discuss the state of the law (as of 1973) regarding unilateral forceful intervention for humanitarian purposes. Ultimately, they conclude that “It is our contention that (1) the use of unilateral force remains—and should remain—illegal except in instances of self-defense against an actual attack, and (2) the Bangladesh case, although containing important mitigating factors in India’s favor, does not constitute the basis for a definable, workable, or desirable new rule of law which, in the future, would make certain kinds of unilateral military intervention permissible” (p. 276). 175.
Friedlander, Robert A. (1985). “The Enforcement of International Criminal Law: Fact or Fiction?” Case Western Reserve Journal of International Law, 17(1):79–90. At the outset of this article, Friedlander, professor of Law at Ohio Northern University, observes that The two most obvious examples which indicate the difficulties and the potentialities of an international criminal law are the long debated, but no longer awaited, international criminal court and the recently proposed, already controversial international criminal code. It is now almost sixty years since the International Law Association first suggested the creation of an international criminal court, which the world community has been debating at various intervals ever since. A major obstacle—as yet, an insuperable one—is the role of any international criminal tribunal on a direct enforcement system. The history of public international law over the past three and a quarter centuries has demonstrated clearly and convincingly that direct enforcement in a community of mutually competing and unequal sovereignties has rarely occurred. When it has been imposed at all—let alone in a judicial sense—it has been imposed by sovereign states cooperating for a specified purpose, either on the basis of mutual assistance or through adherence to treaty and convention. (pp. 79–80)
The article is comprised of the following sections: I. Background, II. State Responsibility (A. State Aggression; B. Apartheid; C. Genocide; D. Terrorism); and III. Conclusion. 176.
Fromkin, David (1998/1999). “International Law at the Frontiers.” World Policy Journal, Winter, 15(4):59–72. Fromkin, professor of International Relations, History, and Law at Boston University, provides a succinct overview of international law and explores the feasibility (or lack thereof) of the expansion of international law as it relates to humanitarian intervention.
177.
Gardam, Judith G., and Jarvis, Michelle J. (2001). Women, Armed Conflict and International Law. The Hague: Kluwer Law International. 290 pp.
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Chapter 6, “International Redress,” focuses on the prosecution of those who allegedly committed crimes against women during armed conflicts, and the provision of compensation to victims. Subheadings directly related to genocide and international law are: Gender and What Constitutes a Crime; Sexual Violence as Genocide; Gender and the Decision to Prosecute at the International Level; and The Security Council: The ICTY and the ICTR. 178.
Glennon, Michael (2001). Limits of Law, Prerogatives of Power: Interventionism After Kosovo. New York: Palgrave. 239 pp. Glennon, professor of Law at the University of California, Davis’ Law School, provides a hard-hitting and substantive critique and analysis in regard to what he perceives the structure of the United Nations Charterbased use-of-force law has become. He goes so far as to call it a fifty-year doctrinal experiment that no longer works. He also, logically and methodically, slashes away at the repeated and numerous efforts to prop up the aforementioned structure. While Glennon initially argues how the Kosovo campaign violated the prohibition in Article 2(4) of the Charter against “the threat or use of force against the territorial integrity or political independence of any state,” he goes on to argue that the Charter’s use-of-force regime has failed, in practice, to achieve its goal. He also challenges the arguments of those who assert that such interventions as India’s 1971 intervention in East Pakistan and Tanzania’s intervention in Uganda were consonant with the Charter. In regard to the latter, Glennon argues that the intervening states did not intervene for humanitarian motives and comments on the tentativeness of the intervenors to cite humanitarian intervention as a justification. Glennon even calls into question the legality of the U.N. Security Council’s authorizations to use force in the face of intrastate violence, particularly in light of Article 2(7)’s principle of non-intervention “within the domestic jurisdiction.” While acknowledging the fact that many scholars have argued that the meaning of “domestic jurisdiction” should reflect the evolution of international law since the genesis of the Charter, Glennon argues that the “the limits explicitly imposed by Article 2(7) constitute express proscriptions. To argue for power to override express prescriptions is in a very real way to argue against the rule of law” (p. 128). Ultimately, Glennon argues that within time—though possibly not for several decades—the defunct Charter-based regime will be replaced with the “establishment of a true legalist system to govern use of force” (p. 11).
179.
Goldstone, Richard J. (2002). “Prosecuting Rape as a War Crime.” Case Western Reserve Journal of International Law, Fall 34(3):277–285.
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This is the transcript of a speech that Judge Richard Goldstone, the first chief prosecutor of the UN International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), gave at Case Western Reserve University School of Law. In his speech he talks about the fact that “for the first time in the history of humanitarian law, [a Trial Chamber of the Rwanda Tribunal] handed down a conviction for rape as a crime against humanity, and they held further that the rapes, which had been condoned and encouraged by Akayesu, also constituted the crime of genocide.” Goldstone also addresses why and how he established a “gender policy” in the office of the prosecutor, which impacted dramatically on how the crime of rape was to be prosecuted at the ICTY and ICTR—that is, largely as crimes against humanity and as war crimes. 180.
Graham, Gordon (1987). “The Justice of Intervention.” Review of International Studies, 13(2):133–146. In his introduction, Graham, lecturer in moral philosophy and public affairs at the University of St. Andrews, notes and then argues the following: It is often supposed, I think, that any principle of non-intervention is to be derived from some conception of sovereignty of states. I shall argue that this is to get things the wrong way round, for as I hope to show, there is no conception of the state that can make it sovereign in the way that the Kantian individual is autonomous, and to talk of self-determination of states, or peoples, is to employ, at best, a misleading analogy. None of the ethical overtures of the right of the individual to self-determination can be carried over to the political context of international affairs. Rather, we have reason to regard states as sovereign just in so far as we have reason to accept principles of non-intervention and the like. States are sovereign, that is to say, just in so far as moral law proscribes interferences in their affairs. The question is: does it? My claim will be that, suitably adapted, Just War theory can be made to supply just such a principle of non-intervention, but before preceding directly to this claim, it is necessary to review certain other arguments. (p. 134)
This article is comprised of the following sections: Intervention and International Law; The State as Sovereign; Rival Conceptions of the State; The Consequentalist Argument; Just War Theory and Intervention; and Objections. 181.
Gray, Christine (2001). “The Legality of NATO’s Military Action in Kosovo: Is There a Right of Humanitarian Intervention?”, pp. 240–253. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World. New York: Routledge. Written by a university lecturer and fellow at St. John’s College, Cambridge, this essay is comprised of the following parts: I. A New Role for NATO;
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II. Implied Authorization of the Use of Force by the Security Council; III. Security Council Debates on Action in Kosovo; IV. Applications to the International Court of Justice; and V. Analysis. 182.
Greenawalt, Alexander K. A. (1999). “Rethinking Genocidal Intent: The Case for a Knowledge-Based Interpretation.” Columbia Law Review, 99(8): 2259–2294. Herein, the author argues that an alternative approach needs to be considered and used in establishing “intent” in cases purported to be genocidal. More specifically, “relying on both the history of the Genocide Convention and on a substantive critique of the specific intent interpretation, [the author argues] that “in defined situations, principal culpability for genocide should extend to those who may personally lack a specific genocidal purpose, but who commit genocidal acts while understanding the destructive consequences of their actions” (p. 2259).
183.
Greenwood, Christopher (1998). “International Humanitarian Law and the United Nations Operations,” pp. 3–34. In T. M. C. Asser Instiutt (Ed.) Yearbook of International Humanitarian Law. Volume 1. The Hague: T. M. C. Asser Press. In this article, Greenwood, professor of Law at the London School of Economics, examines the scope of the application of international humanitarian law, presents a survey of the different types of United Nations operations and the legal framework within which they take place, considers the applicability of international humanitarian law to United Nations operations, discusses when a United Nations force should be regarded as a party to an armed conflict, considers the extent to which international humanitarian law operates as a constraint upon the conduct of United Nations’ military operations, examines the matter of protection afforded to United Nations and associated personnel by international humanitarian law, and considers whether UN and associated personnel are obligated to ensure that others comply with international humanitarian law.
184.
Hannum, Hurst (1989). “International Law and Cambodian Genocide: The Sounds of Silence.” Human Rights Quarterly, 82–138. In his introduction, Hannum notes that The first part of this article considers in some detail the factual evidence of genocide in Cambodia, countering the view expressed by some that, however deplorable they might have been, the Khmer Rouge killings were not technically “genocide.” The second part outlines the elements of a successful application under the Genocide Convention, including questions of the Court’s jurisdiction, the existence of a dispute between an applicant state and Democratic Kampuchea, and whether the killings of Cambodians themselves by the Khmer Rogue leadership constitute genocide against a “national” group within the meaning
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of the Convention. The third part considers the application under the Court’s compulsory jurisdiction, charging Democratic Kampuchea with violations of customary law and crimes against humanity, i.e., mass arbitrary killings and widespread systematic torture. (p. 82)
The essay is comprised of the following four parts; Part I. The Fact of Genocide; Part II. The Deliberate Killings and Destruction Outlined Above Constitute Genocide within the Meaning of the Convention; Part III. Democratic Kampuchea’s Violation of Obligations Under General and Customary International Law; and Part IV. Final Observations. 185.
Harff, Barbara (1999). “Humanitarian Intervention in Genocide,” pp. 341–343. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume I. Santa Barbara, CA: ABC CLIO Press. Harff discusses the legal evolution of humanitarian intervention, including “the current trend in international law moving toward codification of principles and identification of appropriate conditions under which humanitarian imperatives will override national sovereignty” (p. 341).
186.
Hashmi, Sohail H. (Ed.) (1997). State Sovereignty: Change and Persistence in International Relations. University Park: The Pennsylvania State University Press. 212 pp. This book is comprised of the following chapters: “Introduction” by Sohail H. Hashmi; chapter I. “Ideas and the Evolution of Sovereignty”; chapter 2. “Pan-Islamism, State Sovereignty, and International Organization” by Sohaill H. Hashmi; chapter 3. “Sovereignty, Self-Determination, and Security: New World Orders in the Twentieth Century” by Beatrice Heuser; chapter 4. “New Approaches to International Human Rights: The Sovereign State Revised” by Gregory H. Fox; chapter 5. “Clash of Principles: Self-Determination, State Sovereignty, and Ethnic Conflict” by Kamal S. Shehadi; and chapter 6. “Shared Sovereignty, Enhanced Security: Lessons from the Yugoslav Wars, and State Sovereignty” by Miranda A. Schreurs. In his introduction to the book, Hashmi write as follows: For at least fifty years, students and practitioners of international politics have been . . . analyzing the changing changing nature of state sovereignty. Traditional conceptions of the unitary, absolute, and legitimate state—the Westphalian model of sovereign statehood—were to some being “eroded,” while to others were already “obsolete.” . . . Yet reports of the demise of the sovereign state have thus far proven to be greatly exaggerated. For at the time that the erosion of the Westphalian model was occurring on the continent that gave birth to it, the principle of state sovereignty was being enshrined universally as the organizing principle of international society. The Third World states that emerged from the retreat
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of Western colonialism in the 1950s and 1960s did not challenge the essential structure of the international system; instead they embraced it wholeheartedly and have sought not an overhaul, but internal reform. The notion of state sovereignty has, in fact, been the badge of international legitimacy for states and regimes enjoying at best dubious internal legitimacy. . . . Today, [though] the problem of state sovereignty has emerged squarely at the center of a maelstrom of international issues. . . . [A key reason] why the concept of sovereignty is today more problematic than ever before [is] the global diffusion of democratic values and the development in the last few decades of a truly universal convention of fundamental human rights . . . .The universalization of human-rights standards and the growth of nongovernmental human-rights monitoring agencies have seriously undermined the old idea of essentially “domestic” affairs of a state that are beyond the purview of the international community. There is today a growing consensus that claims of state sovereignty should not be an impediment to international intervention in the face of humanitarian crises. The fundamental problem that remains—as vividly demonstrated by ongoing humanitarian disasters throughout the world—is that the threshold beyond which a civil dispute becomes an international humanitarian crisis has yet to be adequately defined, and the mechanism for effective international intervention has yet to be created. (pp. 1–3, 4, 5)
187.
Hathaway, James C. (Ed.) (1997). Reconceiving International Refugee Law. The Hague. Martinus Nijhoff Publishers. 171 pp. The essays in Reconceiving International Refugee Law “offer a response to the concerns of many states that refugee protection has become little to no more than a “back-door” route to permanent immigration, and that its costs are not fairly apportioned among states. Drawing on the research of leading scholars from across the globe, and vetted through dialogue with senior governmental officials and non-governmental experts, the authors in this volume explore the potential for a shift to a robust and empowering system of temporary asylum, supported by a pragmatic system of guarantees to share both the costs and responsibilities of refugee protection” (p. 1). The book is comprised of the following: “Preface: Can International Refugee Law Be Made Relevant Again?” by James C. Hathaway; Part I. A. “Temporary Protection” by Manuel Angel Castillo and James C. Hathaway; and B. “Insights from Refugee Experience: A Background Paper on Temporary Protection” by Maciej Dumanski; Part II. A. “Repatriation Aid and Development Assistance” by Robert F. Gorman and Gaim Kibreab; Part III. “Responsibility and Sharing” by Asha Hans and Astri Suhrke; IV. “Fiscal Burden Sharing” by Amitav Acharya and David B. Dewitt; and “Afterword: Assessing the Prospects for Reform of International Refugee Law” by Bill Frelick.
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188.
Healey, Sharon (1995). “Prosecuting Rape Under the Statute of the War Crimes Tribunal for the Former Yugoslavia.” Brooklyn Journal of International Law, XXI(2):327–383. This article examines the “legal precedent for prosecuting rape under each of the four charges set forth in the Statute of the Tribunal, and using information taken from the reports of journalists, human rights organizations, various missions, the report of the Commission of Experts, and Special Rapporteur of the Commission on Human Rights, demonstrates how a prima facie case can be made against Serbian forces under these charges” (pp. 328–329). The article is comprised of the following sections and subsections: I. Introduction; II. The Historical Occurrence of Rape in Armed Conflict (A. Grave Breaches of the Geneva Conventions; B. Violations of the Laws and Customs of War; C. Crimes Against Humanity; D. Violations of the Genocide Convention (1. The Rape of Bosnia Muslim Women Violates Article Il of the Genocide Convention; 2. Establishing Intent in Bosnia-Herzegovina); IV. Punishing Violations of Human Rights and Humanitarian Law; V. The Current Status of the Tribunal; VI. Conclusion.
189.
Heiberg, Marianne (Ed.) (1994). Subduing Sovereignty: Sovereignty and the Right to Intervene. London: Pinter. 154 pp. Based on talks presented at a conference on sovereignty and intervention hosted by the Norwegian Institute for International Affairs, this book includes chapters on such topics, among others, as the obsolescence of intervention under international law (Jarat Chopra), sovereignty and intervention and the developing world (George Joffe), the United Nations and intra-state conflict (Age Eknes), and “keeping a fractured peace” (Johan Jorgen Holst).
190.
Henkin, Louis; Hoffmann, Stanley; Kirkpatrick, Jeanne J.; Gerson, Allan; Rogers, William, D.; and Scheffer, David J. (1991). Right v. Might: International Law and the Use of Force. New York: Council on Foreign Relations Press. 200 pp. In this updated edition of the 1989 volume, the contributors confront the question/issue: Does international law permit the use of military force to promote democracy and human rights? The essays provide provocative, and sometimes divergent, views in regard to the tension between force and the law in U.S. foreign policy. A new chapter addresses the United States’ role in the post-cold war world. The essays and essayists are as follows: “The Great Debate of the 1980s” by Scheffer; “The Reagan Doctrine, Human Rights, and International Law”
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by Kirkpatrick and Gerson; “The Use of Force: Law and U.S. Policy” by Henkin; “Ethics and Rules of the Game Between the Superpowers” by Hoffmann; “The Principles of Force, The Force of Principles” by Rogers; and “Use of Force After the Cold War: Panama, Iraq, and the New World Order” by Scheffer. In the last chapter, Scheffer addresses the issue of humanitarian intervention and makes the following comments regarding U.N. Security Council Resolution 688 (adopted on April 5, 1991) that established a right to intervene on Iraqi territory for humanitarian purposes: One of the long-standing disputes among members of the international law community is the legality of military intervention to stop human suffering within a nation’s sovereign borders. Henkin and the traditionalists limit such humanitarian intervention to rescue of individuals (typically nationals) whose lives are in danger and where the local government cannot or will not come to their aid, and not to respond to atrocities visited upon local populations. Advocates of the broader view of humanitarian intervention have powerful examples to justify military intervention, but have never convinced political leaders in general or the United Nations of the merit of their cause. In 1991 the traditionalist view still prevailed; international law granted no general right unilaterally to charge into another country to save its people from their own leaders. Nonetheless, the immediate aftermath of the Gulf War challenged the narrow view of humanitarian intervention. The Iraqi army’s campaign against the rebelling Kurds and Shiite peoples of Iraq drove an estimated two million of them north into Turkey, west into Iran, and south into the occupied zone of southern Iraq. Thousands of Kurds and Shiites reportedly were killed or wounded. Many of the refugees bore the scars of Iraqi firepower. The refugees’ mass destitution—many died each day from starvation, dehydration, disease, and exposure—and the resistance of Turkey and, to a lesser extent, Iran—long fearful of Kurdish insurgencies in their own states—to accept them as refugees or, when left with no choice, to do so only on a temporary basis, forced the issue of intervention upon the Security Council. The Council responded by adopting, on April 1991, Resolution 688, which established a right to interfere on Iraqi territory for humanitarian purposes. The resolution merits close scrutiny, for while it was a milestone in the development of international law, it was not the great leap forward to military intervention for humanitarian purposes that some claimed it was within days of its adoption. (p. 189)
Scheffer goes on to provide a detailed analysis of the intervention and reasons for the aforementioned assertion. 191.
Henquet, Thomas (1999). “Mandatory Compliance Powers vis-à-vis States by the Ad Hoc Tribunals and the International Criminal Court: A Comparative Analysis.” Leiden Journal of International Law, 12(4):969–999.
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In discussing the jurisprudence of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the travaux preparatoires of the Rome Treaty, Henquet, associate legal officer with the Chambers of the International Criminal Tribunal for the Former Yugoslavia, compares the mandatory powers conferred on the respective institutions. He concludes that the UN Security Council “endowed the Tribunals with unequivocally binding powers, while under the Rome Treaty regime, which resembles traditional inter-state cooperation in criminal matters, the ICC’s powers are more limited and state obligations less stringent” (p. 969). 192.
Heuser, Beatrice (1997). “Sovereignty, Self-Determination, and Security: New World Orders in the Twentieth Century,” pp. 81–104. In Sohail H. Hashmi (Ed.) State Sovereignty: Change and Persistence in International Relations. University Park: The Pennsylvania State University Press. In her introduction to this essay, Heuser, senior lecturer in war studies at King’s College London, makes the following assertions: The end of the Cold War has provided . . . a new opportunity to transform the international system into one more able to prevent war and injustice. . . . For the third time in this century [there is an] opportunity to create what [U.S.] President George Bush [1988—1992], in those euphoric . . . months after the end of the Cold War, called a “a new world order.” And for the third time we are faced with a paradox, which . . . may prove the fundamental structural flaw in this order, preventing it from working in anything but at best an erratic manner. It is the paradox of the rule of international law on the one hand and the absence of a reliable, impartial executive charged with its its compulsory enforcement on the other. It is the tension, also between justice and the right to withhold help for its enforcement. In short, it is the sovereignty of states. Sovereignty . . . is an impediment to the global rule and application of law in three ways: first, it is not stated explicitly in the UN Charter or in any subsequent UN resolution that the United Nations has the right to intervene in the internal affairs of a sovereign state, even if this state’s government or a group unchecked by the government is breaking the state’s commitments to the observation of the UN Charter and the human rights convenants. In fact, some such interventions have occurred, most notably in Cambodia [and] Iraq. . . . But they have been carried out on an ad hoc basis, emphasizing the Security Council’s rights under Chapter VII as opposed to the sovereign rights of a state under Article 2(7). And no steps have been taken to ensure a universal and consistent application of such intervention. . . . Second, any UN resolution has to be reached by the Security Council whose permanent members . . . have a veto power. Third, the enforcement of a UN resolution . . . depends ultimately on the free choice of the governments of all the other sovereign member states to help implement it. The United Nations has no means to extort the assistance of member states in this process. (p. 81)
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This essay, then, addressees the following issues: The Concert of Europe: Oligarchy; The League of Nations: Collective Security; The United Nations: Oligarchy in Collective Security; The Cold War: Non-War Between Integrated Alliances; Options for Post-Cold War Security; Toward a New Model; and Unresolvable Problems? 193.
Hirsh, David (2003). Law Against Genocide: Cosmopolitan Trials. London: Cavendish/Glasshouse Press. 183 pp. Through a sociological lens, Hirsh analyzes the development of the law of crimes against humanity since the Nuremberg trials and the issues of individual and collective responsibility. The discussion of the theoretical and political debates surrounding humanitarian law is anchored in the author’s empirical analysis of four contemporary trials: two trials (those of Blaskic and Tadic) at the International Criminal Tribunal for former the Yugoslavia (ICTY), the London trial of Andrei Sawoniuk in 1999 for crimes during the Holocaust, and the David Irving libel case. Drawing on a wide array of arguments from classic and current sociological works as well as theorists of international law, the author sets out to make a case for seeing these trials as part of an emergent “cosmopolitan” criminal law that puts the protection of people above the rights of states or governments.
194.
Holsti, K. J. (2004). Taming the Sovereigns: Institutional Change in International Politics. New York: Cambridge University Press. 372 pp. Combining theoretical and empirical methods, Holsti delineates the historical development of eight major international institutions: the state, sovereignty, territoriality, international law, diplomacy, trade, colonialism, and war. After identifying the types of change these institutions have undergone during the last three centuries, Holsti analyses the sources of such change and speculates on their consequences. The book is comprised of the following chapters: 1. “The Problem of Change in International Relations: Rhetoric, Markers, and Metrics”; 2. “The State as Agent and Institution”; 3. “Territoriality”; 4. “Sovereignty”; 5. “International Law”; 6. “Diplomacy”; 7. “Trade”; 8. “Colonialism”; 9. “War”; and 10. “International Institutions: Types, Sources and Consequences of Change.”
195.
Holzgrefe, J. L., and Keohane, Robert O. (Eds.) (2003). Humanitarian Intervention: Ethical, Legal and Political Dilemmas. Cambridge: Cambridge University Press. 362 pp.
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This book is a comprehensive, integrated discussion of “the dilemma” of humanitarian intervention. Written by leading analysts of international politics, ethics, and law, it seeks, in part, to identify strategies that may, if not resolve, at least reduce the current tension between human rights and state sovereignty. The book is comprised, in part, of the following: “Introduction” by Robert O. Keohane; Part I. The Context for Humanitarian Intervention: 1. “The Humanitarian Intervention Debate” by J. L. Holzgrefe; Part II. The Ethics of Humanitarian Intervention: 3. “The Liberal Case for Humanitarian Intervention” by Fernando R. Teson; 4. “Reforming the International Law of Humanitarian Intervention” by Allen Buchanan; Part III. Law and Humanitarian Intervention: 5. “Changing the Rules about Rules?: Unilateral Humanitarian Intervention and the Future of International Law” by Michael Byers and Simon Chesterman; 6. “Interpretation and Change in the Law of Humanitarian Intervention” by Thomas M. Franck; 7. “Humanitarian Intervention: Incremental Change Versus Codification” by Jane Stromseth; Part IV. The Politics of Humanitarian Intervention: 8. “Political Authority After Intervention: Gradations in Sovereignty” by Robert O. Keohane; and 9. “State Failure and Nation-building” by Michael Ignatieff. 196.
International Commission on Intervention and State Sovereignty (2001). The Responsibility to Protect: Report of the International Commission on Intervention. Two Volumes. Ottawa: International Development Research Centre. (Volume 1)—110 pp. and (Volume 2)—426 pp. Volume 1, The Responsibility to Protect, is a highly important and valuable book that reflects the effort by the International Commission on Intervention and State Sovereignty (established by the government of Canada and a group of major foundations) to erect a conceptual bridge between issues related to intervention and sovereignty. The aim of the twelve-member committee was to develop a framework that delineates (1) the complexities and problems inherent in intervention, and (2) effective ways to intervene in humanitarian crises. The committee consulted policy makers, government leaders, and scholars from across the globe. The insights and suggestions of the latter are reflected in the report. Volume 2, which was developed under the leadership of Thomas Weiss and Don Hubert, includes background information, research findings, and a major bibliography that addresses a wide range of issues (conceptual, ethical, legal, political, and operational) related to intervention. What is particularly unique about the work of the International Commission is that it—following careful and close interpretation of the United Nations Charter, international law, and the sea-change in perspective as a result of
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the human rights regime of the latter half of the twentieth century—“reconceptualized” the concept of “sovereignty” to be understood as “the responsibility of a state to protect its citizens (especially those most at risk).” Furthermore, they argue and assert that where a state fails, for whatever reason, to protect all of its citizens then—but only then—the international community can, and should, intervene for the express purpose of protecting the population at risk. 197.
The International Criminal Tribunal for the Former Yugoslavia (1995). “Indictment 2—Meakic & Others, and Indictment 3—Tadic & Others (13 February 1995).” International Legal Materials, 34:1013–1044. In this indictment, Richard J. Goldstone, prosecutor of the International Criminal Tribunal for the Former Yugoslavia, charged that From about 25 May to about 30 August, 1992, Serb forces collected and confined more than 3,000 Bosnian Croats from the opstina of Prijedor, Bosnia-Herzegovina, in the former Yugoslavia, in inhumane conditions, under armed guard, in the Omarska “camp,” located in a former mining complex approximately fifteen kilometers from the town of Prijedor. As set forth below, the Serb forces killed, raped, sexually assaulted, beat and otherwise mistreated the prisoners at Omarska. (p. 1014)
In this indictment, Zeljko Meakic, who was head of the Omarska Camp, beginning in late June 1992, was charged with genocide, while all of the accused were charged with grave breaches of the Geneva Conventions, crimes against humanity, and violations of law or customs of war. 198.
International Criminal Tribunal for Rwanda (ICTR) (1999). “International Criminal Tribunal for Rwanda: The Prosecutor V. Serushago.” International Legal Materials, 38:854–863. This document constitutes the sentencing component of the trial against Omar Serushago for his involvement in the 1994 genocide in Rwanda. Serushago, one of the leaders of the Interahamwe in Gisenyi, was found guilty of one count of genocide and three counts of crimes against humanity.
199.
International Criminal Tribunal for Rwanda (ICTR) (2000). “The Prosecutor versus Georges Anderson Nderubumwe Rutaganda—Case No: ICTR-96-3-T. Judgement and Sentence.” International Legal Materials, 39:557—634. This case deals with the actions of Mr. Rutaganda (a shareholder of Radio Télévision Libre des Mille Collines, and the second vice president of the National Committee on the Interahamwe) during the 1994 genocide in Rwanda. The document is comprised of the following: I. “Introduction”; 2. “The Applicable Law”; 3. “The Defense’s Case”; 4. “Fact Factual Findings”;
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5. “Legal Findings”; 6. “Verdict” (he was found guilty of genocide, crimes against humanity, and violations of Common Article 3 of the Geneva Conventions [Murder]; and 7. Sentence. 200.
Johnson, Kathleen M. (2002). “The Case of General Augusto Pinochet: A Legal Research Guide.” Brooklyn Journal of International Law, XXVII(2): 519—529. In this short piece, the author presents a historical and procedural overview of the Pinochet case, and then presents and comments on key sources for those conducting research into the legal proceedings of the case. Included in the listing of resources are: information about key treatises germane to the Pinochet case; court documents; books; periodicals; Internet resources and key databases; and “finding tools” (e.g., Library of Congress, Globalcourts Web site, First Search/World Cat, Index Master, Index to Foreign Legal Periodicals, and Westlaw and Public International Law: A Current Bibliography of Books and Articles).
201.
Jones, R. W. D. (2001). “Immunity and ‘Double Criminality’: General Augusto Pinochet Before the House of Lords,” pp. 254–267. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. Written by an English barrister, this chapter is comprised of the following parts: I. Introduction; II. Factual and Procedural Background; III. Immunity; IV. “Double Criminality”; and V. Conclusion. Herein, Jones observes and then asserts that “Pinochet was initially charged with genocide but this charge was dropped. This is almost certainly correct on the facts, since it does not appear to be anywhere alleged that Pinochet committed murder or other acts with the intent to destroy, in whole or in part, an ethnic, racial or religious groups as such” (p. 262). [Editor’s Note: The dropping of the charge of genocide on the aforementioned basis, once again, illuminates one of the many weaknesses of the UN Convention on Genocide, for if “political groups” had not been eliminated from the earlier versions of the UN Convention on Genocide, the charge of genocide against Pinochet may have stuck.] In his conclusion, Jones writes: Admittedly, the House of Lords in Pinochet found themselves in uncharted waters. In these circumstances, they should, it is submitted, have considered the maxim, hominum causa omne jus constitutum (“all law is created for the benefit of human beings”), and striven for the just solution, rather than cobbling together a compromise satisfactory to none. As Lord Denning put it, “the law should not be an ass.” To rule, in Pinochet No. 3, that Pinochet is not
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entitled to immunity as a former head of State for conducting a widespread and systematic campaign of torture and “disappearances,” while at the same time construing an ambiguous section of the Extradition Act of 1989 to quash the bulk of the charges against him, does not seem to produce the result which law and justice require. (p. 267)
202.
Jones, John R. W. D., and Arnold, Roberta (2005). “The International Criminal Tribunal for the Former Yugoslavia: The Repression of Genocide in Bosnia and Herzegovina,” pp. 185–207. In Samuel Totten (Ed.) Genocide at the Millennium—Genocide: A Critical Bibliographic Review. Volume 5. New Brunswick, NJ: Transaction Publishers. 302 pp. This chapter delineates the main aspects of the jurisprudence of the ICTY and includes an annotated list of key works germane to the development and implementation of the ICTY.
203.
Jorgensen, N. H. (2001). “The Definition of Genocide: Joining the Dots in the Light of Recent Practice.” International Criminal Law Review, 1(3/4):285–313. Examines recent trials involving the alleged perpetration of genocide and how genocide was defined in each.
204.
Karagiannakis, Magdalini (1999). “The Definition of Rape and Its Characterization as an Act of Genocide—A Review of the Jurisprudence of the International Criminal Tribunals for Rwanda and the Former Yugoslavia.” Leiden Journal of International Law, 12(2): 479–490. In this article, the author, a legal officer with the International Criminal Tribunal for the Former Yugoslavia, reviews “the recent precedent-setting judgments of the international criminal tribunals for the Former Yugoslavia and Rwanda which have sought to define rape in international law using different approaches. [More specifically,] this is the first decision of an international tribunal to consider the questions of whether rape can constitute genocide” (p. 479). The Article is comprised of the following sections: 1. Introduction; 2. Definition of Rape; 3. Rape as Genocide; and 4. Conclusion.
205.
Kelly, Michael J. (1999). “Responsibility for Public Security in Peace Operations,” pp. 141–172. In Helen Durham and Timothy L. H. McCormack (Eds.) The Changing Face of Conflict and the Efficacy of International Humanitarian Law. The Hague: Martinus Nijhoff Publishers. In this essay, Kelly, a lieutenant colonel who serves in the Directorate of Operations and International Law, Defense Office, Australian Department of Defence, argues that “[a]ddressing the issue of the administration of
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justice goes to the heart of the conflict resolution objective in a peace operation” (p. 141). In the essay, Kelly addresses the issues of “The Public Security Problem [in such locations as the former Yugoslavia, Rwanda, and Burundi—all of which have been sites of genocide], and The Legal Framework” (The Advent of the Fourth Geneva Convention, The Application of the Convention, Termination of an Occupation, The Current Status of Non-Belligerent Occupation, The Proper Use of Force, and Justice and Reconstruction and Interim Measures). 206.
Kennedy-Pipe, Caroline, and Stanley, Penny (1999). “Rape in War: Lessons of the Balkan Conflict in the 1990s,” pp. 67–84. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimension. London and Portland, OR: Frank Cass Publishers. This essay is comprised of the following sections: Rape in the History of War after 1945; Mass Rape in Bosnia (in which the issue of “genocidal rape” is discussed”); Proving and Punishing Rape; Kosovo; and Lessons.
207.
Kerr, Rachel (2004). The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics and Diplomacy. Oxford: Oxford University Press. 239 pp. Kerr, lecturer in war studies at King’s College, London, provides a systematic examination of the ICTY, what it is, why it was established, how it functions, and where its significance lies. Separate chapters chart the origins of the court; the process of establishment; jurisdiction; procedure; state cooperation, including obtaining custody of the accused; and the role and function of the chief prosecutor. The book concludes with an assessment of the conduct of the Slobodan Milosevic case through late 2002.
208.
King, Henry T., and Theofrastous, Theodore (1999). “From Nuremberg to Rome: A Step Backward for U.S. Foreign Policy.” Case Western Reserve Journal of International Law, 31(1):47–106. King (U.S. director of the Canada/United States Law Institute and professor of Law at Case Western Reserve University School of Law, and a former prosecuting attorney at Nuremberg) and Theofrastous (J.D. Candidate at Case Western Reserve University School of Law) examine the history of the United States’ role in the movement towards an International Rule of Law, beginning with its leadership in establishing the Nazi war crime tribunals; the history of the U.S. position on the [International Criminal] Court [ICC]; and a substantive legal analysis of the treaty options opposed by the United States. By tracing these threads, we hope to identify whether the concept of an International Rule of Law is actually compatible
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with U.S. interests, whether those interests have changed, and whether the concept of an International Rule of Law itself has changed since articulated by Justice [Robert H. ] Jackson and in the London Charter, pursuant to which the International Military Tribunal was established. (p. 51)
Ultimately, the authors strongly endorse the establishment of the ICC, and state that “Hopefully, in time, the United States will remember the wisdom of the Nuremberg principles, working to implement them by enacting a permanent and viable International Criminal Court” (p. 105). 209.
Kissinger, Henry A. (2001). “The Pitfalls of Universal Jurisdiction.” Foreign Affairs, July/August, 80(4):86–96. In part, Kissinger, former U.S. secretary of state and U.S. national security adviser, argues that the danger of universal jurisdiction lies in pushing the effort to extremes that risk substituting the tyranny of judges for that of governments; historically, the dictatorship of the virtuous has often led to inquisitions and even witch-hunts (p. 86). . . . Even with respect to binding undertakings such as the genocide convention, it was never thought that they would subject past and future leaders of one nation to prosecution by the national magistrates of another state where the violations had not occurred. (p. 88)
Kissinger also argues that universal jurisdiction is “without either due process safeguards or institutional restraints” (p. 88). Ultimately, Kissinger argues that universal jurisdiction sets a dangerous precedent. In doing so, he discusses the 1998 detention of former Chilean President August Pinochet, the International Criminal Court, and presents proposals for ameliorating the shortcomings and dangers that he perceives in the implementation of universal jurisdiction. 210.
Knight, Andy W. (2005). Adapting the United Nations to a Post Modern Era: Lessons Learned. New York: Palgrave Macmillan. 272 pp. This volume addresses a host of issues in regard to revamping the UN in order to more effectively deal with such activities as the following: collective security, preventative diplomacy, preventative deployment, peacekeeping, peace-making, peace maintenance, and international legal, environmental, and trade regulation. This book includes the following chapter on international law: “International Criminal Law Enforcement” by J. Chopra.
211.
Knoops, Geert-Jan Alexander (2003). An Introduction to the Law of International Criminal Courts: A Comparative Study. Ardsley, NY: Transnational Publishers, Inc. 207 pp.
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This book is comprised of the following seven chapters: 1. “Contemporary International Criminal Tribunals (ICT): Distinctions and Characteristics”; 2. “Classification and Identification of International Crimes by ICT”; 3. “General Principles of Substantive Criminal Law Envisioned by ICT”; 4 “General Principles of Procedural Criminal Law Envisioned by ICT”; 5. “Principles of Criminal Evidence before ICT”; 6. “The Emergence of Uniform Standards of Due Process before ICT: Influence on (Inter)national Criminal Law(s)”; and 7. “Redressing Wrongful Prosecutions and Convictions or Miscarriages of Justice by ICT.” 212.
Kober, Stanley (2000). “Setting Dangerous Precedents,” pp. 107–119. In Ted Galen Carpenter (Ed.) NATO’s Empty Victory: A Postmortem on the Balkan War. Washington, D.C.: CATO Institute. In his conclusion, Kober, a research fellow in foreign studies at the CATO Institute, argues that . . . the issue is not the legitimacy of humanitarian intervention as such but rather the procedure by which such intervention is undertaken. The appropriate procedure is prescribed in Article 39 of the UN Charter: “The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace.” If the United States and its allies now feel that, in the post-Cold War world, they no longer have to honor that provision of international law, they should have no illusions about the result. Other countries are not going to roll over and play dead. The world will divide once again, and the century will end the way it began, primed for major conflict. (p. 117)
213.
Koenig, Dorean M., and Askin, Kelly D. (2000). “International Criminal Law and the International Criminal Court Statute: Crimes Against Women,” pp. 3–29. In Kelly D. Askin and Dorean M. Koenig (Eds.) Women and International Human Rights Law. Volume 2. Ardsley, NY: Transnational Publishers, Inc. In their introduction, Koenig (professor of law at the Thomas C. Cooley Law School) and Askin (visiting scholar at the Center for Civil and Human Rights at Notre Dame Law School) note that “The following sections provide a general overview of international criminal law and analyze the Statute of the International Criminal Court, particularly as they relate to women’s issues and to gender-based or sex-based crimes. . . . A final section analyzes the jurisdiction of the ICC Statute” (p. 5). The chapter is comprised of the following sections and subsections: Introduction; The Rome Statute of the International Criminal Court; Crimes Against Women and the Road to Rome: An Historical Perspective; The ICC
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Statute and Crimes Against Women; The Core Crimes of the ICC Statute and Their Potential Effect on Women (Crimes Against Humanity, War Crimes, Genocide); Preconditions to the Exercise of Jurisdiction and Admissibility (Jurisdiction, and Complementarity and Admissibility); and Conclusion. 214.
Kolb, Robert (2000). “The Jurisprudence of the Yugoslav and Rwandan Criminal Tribunals on Their Jurisdiction and on International Crimes,” pp. 259–315. In James Crawford and Vaughan Lowe (Eds.) The British Year Book of International Law. Oxford: The Clarendon Press. In his introduction, Kolb, who is affiliated with the Institute of International Studies in Geneva, notes that This article presents an overview of the case law of the Yugoslav and Rwandan International Criminal Tribunals. This overview will be limited to matters of substantive law to the exclusion of procedural points. It will deal with the crimes within the jurisdiction of the Tribunals, issues of participation in the commission of crimes, and defenses. (p. 259)
The article is comprised of the following: I. Introduction; II. The Conditions for the Jurisdiction of the Tribunals (1. “The Requirement that the Rules of International Humanitarian Law Applied Be Part of Customary Law”; 2. “The Requirement that the Vocations of the Rule Must Entail Under Customary International Law, Individual Criminal Responsibility”; 3. “The Requirement that the Violations of Humanitarian Law Are Serious and Took Place at a Certain Location and During a Certain Period of Time”; 4. “The Existence of Armed Conflict”; 5. “The Existence of a Nexus Between the Offenses and the Armed Conflict”); III. Article 2 of the ICTY Statute: Grave Breaches of the Geneva Conventions of 1949; IV. Article 3 of the ICTY Statute: Violations of the Law and Customs of War; V. Article 4 of the ICTR Statute: Violations of Common Article 3 of the Geneva Conventions (1949) and of Additional Protocol II (1977); VI. Article 4 ICTY Statute/Article 2 ICTR Statute: Genocide; VII. Article 5 ICTY Statute/Article 3 ICTR Statute: Crimes Against Humanity; VIII. Analysis of Individual Offenses (1. “Willful Killing and Murder”; 2. “Mistreatments”; 3. “Rape and Other Serious Sexual Assaults”; 4. “Unlawful Confinement of Civilians”, 5. “Plunder”); IX. Individual Criminal Responsibility and Forms of Participation in a Crime; X. Command Responsibility: Responsibility of the Superior for the Acts of His Subordinates; XI. Defenses: The Plea of Duress; and XII. Conclusion. 215.
Kolodkin, Roman A. (1996). “An Ad Hoc International Tribunal for the Prosecution of Serious Violations of International Humanitarian Law in the Former Yugoslavia,” pp. 165–183. In Roger S. Clark and Madeleine Sann (Eds.) The Prosecution of International Crimes: A Critical Study of
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the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. The author discusses the following: the establishment of the tribunal, the law applicable to establishing an international criminal tribunal, and the ramifications of the establishment and implementation of the tribunal in regard to the eventual establishment of a permanent international criminal court. 216.
Knoops, Geert-Jan Alexander (2003). An Introduction to the Law of International Criminal Tribunals: A Comparative Study. Ardsley, NY: Transnational Publishers. 207 pp. This book by Knoops, Professor of Criminal Law at Utrecht University, is comprised of the following chapters: Chapter I. “Contemporary International Criminal Tribunals (ICT): Distinctions and Main Characteristics”; Chapter II. “Classification and Identification of International Crimes by ICT”; Chapter III. “General Principles of Substantive Criminal Law Envisioned by ICT”; Chapter IV. “General Principles of Procedural Criminal Law Envisioned by ICT”; Chapter V. “Principles of Criminal Evidence Before ICT”; VI. “The Emergence of Uniform Standards of Due Process Before ICT: Influence on (Inter)national Criminal Law(s)”; Chapter VII. “International State Cooperation with ICT: Obtaining Evidence Abroad”; and Chapter VIII. “Redressing Wrongful Prosecutions and Convictions or Miscarriages of Justice by ICT.”
217.
Krasner, Stephen D. (1997). “Pervasive Not Perverse: Semi-Sovereigns as the Global Norm.” Cornell International Law Journal, 30(3): 651–680. Written by a professor of Political Science at Stanford University, this is a thought-provoking article worthy of examination by all of those concerned with the issues of massive human rights violations, genocide, and intervention. In his conclusion, Krasner argues that The assumption that the international system is composed of independent, autonomous, recognized, effective states is a wonderfully simplifying assumption for both legal reasoning and social science analysis. In many instances this assumption has provided a deeper understanding of interactions in the international environment. But for many other problems, especially issues related to minority and human rights, it has blinded observers to the multiple ways in which sovereignty has actually been manifest. There have been states with domestic sovereignty but not international legal sovereignty, with international legal sovereignty but not Westphalian sovereignty, and with Westphalian sovereignty but not domestic sovereignty.
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. . . Some violations of concepts of sovereignty have been stable; others have not. The only compromises of Westphalian sovereignty that have proven to be stable are ones that have been achieved through voluntary contracts among states. Coercion has not worked. (p. 679)
218.
Krieger, Heike (Ed.) (1997). East Timor and the International Community: Basic Documents. Cambridge, UK: Cambridge University Press. 494 pp. This book includes materials relating to the historical background of the long-running dispute in East Timor (including the circumstances surrounding the Indonesian invasion and Indonesia’s perpetration of genocide against “suspected communists,” through the 1995 judgment of the International Court of Justice in the East Timor case involving Portugal and Australia). The book contains a substantive introduction which places the documents in context and provides an overview of the key political and legal issues of the dispute.
219.
Lattimer, Mark, and Sands, Philippe (2003). Justice for Crimes Against Humanity. Portland, OR: Hart Publishing. 501 pp. In their preface, the editors state that “The aim of this book is to provide an assessment of recent developments in international law (including its domestic application) in bringing an end to impunity for persons accused of the most serious of international crimes, namely genocide, war crimes and crimes against humanity. The book was conceived while we were both engaged, in different capacities, in the arguments on the Pinochet case before the Judicial Committee of the House of Lords (n.p.). The book is comprised of the following parts and chapters: Part I: Atrocity, Impunity, Justice (1. “From Nuremberg to Rome: A Personal Account” by Benjamin Ferencz; 2. “Universal Jurisdiction: New Uses for an Old Tool” by Christopher Keith Hall; 3. “Immunities for Heads of State: Where Do We Stand?” by Brigitte Stern; 4. “Their Atrocities and Our Misdemeanours: The Reticence of States to Try Their ‘Own Nationals’ for International Crimes” by Timothy L. H. McCormack); Part II: Justice in International and Mixed Law Courts (5. “The International Criminal Tribunals for the Former Yugoslavia and Rwanda” by Graham T. Blewitt; 6. “The Collection and Admissibility of Evidence and the Rights of the Accused” by Richard May; 7. “The Permanent International Court” by M. Cherif Bassiouni; 8. “Striking a Balance: Mixed Law Tribunals and Conflicts of Jurisdiction” by Diane F. Orentlicher); Part III: Justice in National Courts (9. “Pursuing Crimes Against Humanity in the United States: The Need for a Comprehensive Liability Regime” by William J. Aceves and Paul L. Hoffman; 10. “Criminal Responsibility in the UK for International Crimes” by Clare Montgomery; 11. “Civil Reparation in National Courts
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for Victims of Human Rights Abuse” by Fiona McKay; 12. “National Action Challenged: Sovereignty, Immunity and Universal Jurisdiction before the International Court of Justice” by Andrew Clapham); Part IV. Perspectives from Practitioners (13. “Personal Perspectives”: 13.1. “PW Botha Before South Africa’s Truth and Reconciliation Process” by Alex Boraine; 13.2 “Prosecuting Hastings Banda in Malawi” by Sadakat Kadri; 13.3 “The Contribution of International Tribunals to the Development of International Criminal Law” by Eric David; 13.4 “UK Prosecutions for Crimes Under International Law” by Geoffrey Bindman; 13.5 “The UN Human Rights Machinery and International Criminal Law” by Nigel Rodley; 13.6 “Using Universal Jurisdiction to Combat Impunity” by Reed Brody); and Part V. Conclusion (14. “Enforcing Human Rights through International Criminal Law” by Mark Lattimer). 220.
Lauren, Paul Gordon (1998). The Evolution of International Human Rights: Visions Seen. Philadelphia: University of Pennsylvania. 385 pp. In this book, Lauren, Regents Professor at the University of Montana, explores the dramatic transformation of a world patterned by centuries of traditional structures of authority, gender abuse, racial prejudice, class divisions and slavery, colonial empires, genocide, and claims of national sovereignty into a situation where the global community is increasingly concerned with how governments treat their own people and is intent on establishing the goal of human rights for all people and all nations. The issue of genocide is mentioned and commented on throughout the book: pp. 2, 4, 35, 46, 87, 94, 136–137, 139–141, 145, 148, 159–160, 171, 182–183, 209–211, 214, 229, 244, 248, 253, 270, 277, 279, 281–282, 285, 289, and 291–292.
221.
Lavoyer, Jean-Philippe (1998). “International Humanitarian Law, Protected Zones, and the Use of Force,” pp. 262–279. In Wolfgang Biermann and Martin Vadset (Eds.) UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia—Peacekeepers’ Views on the Limits and Possibilities of the United Nations in a Civil War-like Conflict. Aldershot, UK: Ashgate. In his introduction, Lavoyer, a legal adviser with the International Committee of the Red Cross, writes: Appalled by the horrors of recent conflicts, the international community is wondering what can be done to curb violence and secure respect for international law. Many proposals to that effect have been made in the last few years and several practical measures have been taken. A new vocabulary has come into being as a result of attempts to safeguard civilian populations by bringing them under a special regime of special protection. Phrases such as “security
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zones,” “safe zones,” “safe havens,” safe areas,” “safety zones,” “neutralized zones” and “protected areas” have been coined. In this debate on an extremely complex issue it may be noted that these expressions have been used in very different ways and that the same term is sometimes used to convey very different notions. The purpose of this short study is to dissipate the present confusion, clarify the concepts involved, outline their main features and offer some pointers for the future. It will start by briefly describing the protected zones provided for in international humanitarian law in the former Yugoslavia. It will examine the protected zones established there both under humanitarian law and by the [UN] Security Council. The latter, as will be seen, followed a logic of quite a different kind. (p. 262)
The chapter is comprised of the following sections and subsections: Protected Zones Under International Humanitarian Law (The Geneva Convention of 1949, The Additional Protocols of 1977, Protected Zones in Practice); The Conflict in the Former Yugoslavia (Protected Zones Set Up Under International Humanitarian Law); The Osijek Protected Zone (Successes and Failures); Inconsistent Decisions by the UN Security Council (An International Committee of the Red Cross Initiative); and Concluding Remarks. 222.
LeBlank, Lawrence J. (1984). “The Intent to Destroy Groups in the Genocide Convention: The Proposed U.S. Understanding.” American Journal of International Law, 78(2):369–385. LeBlank, professor of Political Science at Marquette University, discusses the debate within the United States (between proponents and opponents of the ratification of the U.N. Convention on Genocide) over the relationship of the wording and phrases “intent to destroy” and “in whole or in part.” The piece is comprised of the following sections: I. The Opinion of Commentators and the Intention of the Drafters; II. Reaction to the Phrase in the United States; III. The Problem of Intent; IV. Is the “Understanding” Desirable; and V. Conclusion. (Editor’s Note: In legal parlance, the term “understanding” refers to a clarification of the meaning of a particular word, phase or provision.) In his conclusion, LeBlank asserts that “If ratification with an “understanding” is necessary for political reasons, the one proposed should be restated so as merely to clarify and not modify [as a “reservation,’ in legal terms, would] the term of Article II” (p. 385).
223.
Lee, Roy S. (Ed.) (1999).The International Criminal Court: The Making of the Rome Statute—Issues, Negotiations and Results. The Hague: Kluwer Law International. 700 pp.
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This publication is the collective work of a group of persons closely associated with the development of the Rome Statute. It covers the substantive and procedural issues raised during the preparation stages as well as those addressed at the Conference. The contributors provide an account of the main contentions surrounding each of the key issues, the divergent approaches put forward by the principal proponents, the ways in which differences were resolved, how groups of articles were prepared, and how the final text was assembled. 224.
Lee, Roy S. (1995). “United Nations Peacekeeping: Development and Prospects.” Cornell International Law Journal, 28(3): 619–629. Herein, Lee, principal legal officer for the office of the legal counsel, U.N. Secretariat, presents a short historical overview of the genesis and evolution of U.N. peacekeeping operations. In doing so, he addresses the following issues: I. The Circumstances in which Peacekeeping Operations Were Created; II. Characteristics of Peacekeeping Operations; III. Changing Characteristics [of Peacekeeping Operations]; and IV. Applications of Humanitarian Law. This article was originally presented as a talk at a symposium (“Peacekeeping, Peacemaking and Peacebuilding: The Role of the United Nations in Global Conflict”) co-sponsored by the Cornell University Law School and the United States Army War College
225.
Lepard, Brian D. (2002). Rethinking Humanitarian Intervention: A Fresh Approach Based on Fundamental Ethical Principles in International Law and World Religions. University Park: The Pennsylvania State University Press. 460 pp. Lepard, Professor of Law at the University of Nebraska College of Law, delineates “a new method for analyzing humanitarian intervention” that seeks to resolve conflicts among legal norms by identifying ethical principles embedded in the U.N. Charter, international law and major world religions, relating them to a pivotal principle of “unity in diversity.” The book is comprised of five parts and twelve chapters: Part One: The Problem of Humanitarian Intervention and International Law (1. “The Need for a Fresh Approach”); Part Two: Developing the Foundation of a Fresh Approach (2. “Identifying Fundamental Ethical Principles in Contemporary International Law and World Religions Relevant to Humanitarian Intervention”; 3. “Identifying and Interpreting International Legal Norms Relevant to Humanitarian Intervention”); Part Three: Some Problematic Issues Relating to U.N -Authorized Humanitarian Intervention (4. “Human Rights Violations as a ‘Threat to’ or ‘Breach of’ The Peace”; 5. “Consent”; 6. “Impartiality”; 7. “The Use of Force”; 8. “Obligations to Intervene or to Support U.N. Humanitarian Intervention”; 9. “The Command and Composition of
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Multinational Forces Engaged in Humanitarian Intervention”; 10. “The Security Council’s Decision-Making Process”); Part Four: Humanitarian Intervention Not Authorized by the Security Council (11. “The Legality of Humanitarian Intervention Without Security Council Authorization”); Part Five: Humanitarian Intervention and International Law in the New Millennium (12. “The Prospects for a Fresh Approach Based on Fundamental Ethical Principles”). 226.
Lerner, Natan (1994). “Ethnic Cleansing,” pp. 103–117. In Yoram Dinstein (Ed.) Israel Yearbook on Human Rights. The Hague: Martinus Nijhoff Publishers. In his introduction, Lerner, professor of Law at Tel Aviv University, states that The purpose of this article is to clarify the meaning of the shocking term “ethnic cleansing,” frequently used in the last two years in connection with various and severe breaches of international and human rights law, breaches that have resulted in hundreds of thousands of victims and millions of refugees. . . . My intention is to discuss whether the words “ethnic cleansing” refer to one or more of four specific crimes, namely: 1. forms of genocide; 2. war crimes; 3. crimes against humanity, or 4. hate crimes, or whether they mean, rather, the motivation inducing perpetrators to commit any of the offenses pertaining to those areas of international criminal law. (p. 103)
227.
Lippman, Matthew (2002). “Genocide: The Trial of Adolf Eichmann and the Quest for Global Justice.” Buffalo Human Rights Law Review, Volume 8, 45–121. In this essay, Lippman, professor of Law at the University of Illinois at Chicago, “begins with a brief overview of Adolf Eichmann’s role in the Nazi regime and describes Eichmann’s abduction from Argentina and the subsequent United Nations Security Council debate. . . . [Ultimately,] an outline of the verdict and sentencing [is presented]” (p. 45). In his conclusion, Lippman asserts that The Eichmann judgment was a catalyst for ushering in an age of global justice devoted to the development of an international jurisprudence dedicated to the punishment of severe and serious international offenses. The decision, however, contained seeds of dissonance and disarray. State intervention in the affairs of other sovereign nations, the assertion of extraterritorial and universal jurisdiction by the judiciary of single States, the substitution of ethnic and racial identity for national citizenship, a disregard of international juridical institutions and a concern with substance at the expense of transnational legal procedure all continue to haunt and threaten the integrity of international law and global stability. (p. 121)
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228.
Lowe, Vaughan (2001). “International Legal Issues Arising in the Kosovo Crisis,” pp. 278–288. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. In this essay, Low, Chichele Professor of Public International Law at the University of Oxford and Fellow of All Souls College, Oxford, examines the question of the right of humanitarian intervention and the question of the selection of targets for military attack. The piece is comprised of the following parts and sections: I. Humanitarian Law (1.A. The General Position in International Law; I.B. NATO’s Justification of Operation Allied Force; I.C. How Should International Law Develop?; I.D. A Right of Humanitarian Intervention); II. Targeting; and III. Concluding Remarks.
229.
MacDermot, Niaal (1973). “Crimes Against Humanity in Bangladesh.” The International Lawyer, 7(2):476–484. Written by the secretary-general of the International Commissioner of Jurists and former minister of state in the Government of the United Kingdom, this piece provides a summary of the events that took place in East Pakistan in 1971 and an analysis of the legal implications from the point of view of Pakistan in regard to: internal law, international penal law, the result of self-determination, the role of the UN, and the role of India. It also seeks to persuade the government of Bangladesh that if it brings to trial senior Pakistani generals and officials on charges of war crimes and crimes against humanity it do so under international penal law before an international tribunal containing a majority of judges from neutral countries.
230.
Magnarella, Paul J. (2000). Justice in Africa. Brookfield, UK: Ashgate. 166 pp. Magnarella primarily examines the ways in which the actions and decisions of International Criminal Tribunal for Rwanda (ICTR) have led to new developments in international humanitarian law, particularly in regard to enforcement of the Geneva Convention, the Genocide Convention of 1948, and laws proscribing crimes against humanity.
231.
Malone, David M. (2003). “The Security Council in the Post-Cold War Era: A Study in the Creative Interpretation of the U. N. Charter.” Journal of International Law and Politics, Winter, 35(2):87–517. Malone, president of the International Peace Academy in New York City, states that My central thesis on the recent performance of the U. N. Security Council will be that, through its decisions over the past ten years, largely improvised
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and inconsistent though they be, the Council has, for good or ill, eroded the foundations of absolute conceptions of state sovereignty and fundamentally altered the way in which many of us see the relationship between state and citizen the world over. . . . Interpretations of what developments may constitute “threats to the peace,” interpretations of the terms of Chapter VII of the Charter, and practice under Chapter VII all have evolved significantly in the post-Cold War era without Charter amendment or a clean break with earlier interpretations. (p. 487)
The piece is comprised of the following sections: The Nature of the Conflicts Addressed by the Council and of Its Decisions, Enforcement of Chapter VII of the U. N. Charter, Role of Regional Organizations, Considerations Driving Council Decision Making (A. Humanitarian Assistance; B. Human Rights; C. Democracy; D. Terrorism); Institutional Developments (A. The Working Method of the Security Council; Secretary General and the Council; Judicial Review; International Criminal Law; Nongovernmental Organizations); Cumulative Impact of Council Decisions on National Sovereignty; and the Path Ahead (A. The United States and the United Nations; B. Africa; and C. Reform of the Security Council). 232.
Malone, Linda (1996). “Beyond Bosnia and In Re Kasinga: A Feminist Perspective on Recent Developments in Protecting Women from Sexual Violence.” Boston University International Law Journal, 14(2):319–340. This essay by Malone, Marshall-Wythe Foundation Professor of Law in the College of William and Mary School of Law, examines the international response to the mass rapes in Bosnia, and various developments in international law in order to provide a context for an examination as to whether progress has been made vis-à-vis the world community’s response to sexual violence against women. In doing so, she discusses “The Final Report of the Committee of Experts Established Pursuant to Security Resolution 780” in which it “particularly sought to examine the relationship between ‘ethnic cleansing,’ rape, and other forms of sexual assault” (p. 322). In section three (The Deficiencies of Human Rights Law When Evaluated Beyond the Bosnia Atrocities), Malone observes that The Tribunal’s indictments for the former Yugoslavia charge rape as a war crime, a grave breach, genocide, and a crime against humanity. The most significant progression with regard to gender violence is the indictment of eight Serbs for crimes against humanity and grave breaches of international law for the gang rapes, torture, and sexual enslavement of Muslim women in Foca. The Statute of the International Tribunal for Rwanda represents another step forward by including rape, forced prostitution, and any form of indecent assault in Article 4 of the Statute . . . .In October of 1995, the Second Circuit reinstated a suit under the Alien Tort Statute against Bosnian Serb leader Radovan Karadzic,
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holding that the law of nations applies to acts of private individuals that are cognizable violations of customary international law, although only if they were committed in pursuit of genocide or war crimes. (pp. 327–328)
233.
Maogoto, Jackson Nyamuya (2003). State Sovereignty and International Criminal Law: Versailles to Rome. Ardlsey, NY: Transnational Publishers. 311 pp. This book is comprised of the following chapters: 1. “The Concept of Sovereignty and the Development of International Law”; 2. “World War I: Sowing the Seeds of Challenge to State Sovereignty”; 3. “World War II: Reaping the Fruits of the Challenge to State Sovereignty”; 4. “The Cold War: The 20th Century’s Third Hegemonic Struggle”; 5. “The Yugoslav Tribunal: State Sovereignty in the Shadow of International Justice”; 6. “The Rwandan Tribunal: Gaining Ground in the Diminution of State Sovereignty”; and 7. “The International Criminal Court: Challenges and Concessions to the Westphalian Model.”
234.
Maogoto, Jackson Nyamuya (2004). War Crimes and Realpolitik: International Justice from World War I to the 21st Century. Boulder, CO: Lynne Rienner Publishers. 267 pp. This book provides a comprehensive overview of the development of states’ attempts to prosecute international war crimes, crimes against humanity and (in the latter half of the twentieth century) genocide in the twentieth century and the beginning of the twenty-first century. In doing so, it examines the complex issue of how politics impinged on (and continues to impinge on) international law as the international community attempted (or neglected to) try the alleged perpetrators of the aforementioned crimes. The book is comprised of the following: Introduction (1. “Toward the Modern International Process”); Part I. The World Wars (2. “A False Dawn: The Failure to Enforce International Justice After World War I”; 3. “A New Dawn: The Birth of the Modern International Penal Process”); Part 2: The Cold War and the 1990s (4. “Cold War: International Justice in the Shadow of Realpolitik”; 5. “Crisis in the Balkans: Raising the Nuremberg Precedent”; 6. “Rwanda: Portrait of a Reluctant International Community”); Part 3. Into the New Millennium (7. “The International Criminal Court: Challenges and Concessions to the State” and 8. “International Justice: Retrospect and Prospect”).
235.
Marks, Jonathan H. (2004). “Mending the Web: Universal Jurisdiction, Humanitarian Intervention and the Abrogation of Immunity by the Security Council.” Columbia Journal of Transnational Law, 42(2): 445–490.
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In the summary of this article, Marks (a barrister in the Matrix Chambers, London, who served as counsel for Human Right Watch in the Pinochet litigation in England) notes and then asserts the following: The sporadic but increasing exercise of universal jurisdiction by national courts has inevitably created a tension between individual criminal responsibility for serious international crimes and claims of sovereign immunity. In Democratic Republic of Congo v. Belgium, the International Court of Justice had the opportunity to resolve that tension. However, the Court’s articulation of immunity for serving foreign ministers creates possibilities for abuse where ministers rely on their official positions to perpetrate serious international crimes and insulate themselves from prosecution. This Article re-examines the rationales for and objections to universal jurisdiction, and argues that where public officials perpetrate serious international crimes, the arguments for upholding immunity are weak. In such cases, the arguments for criminal jurisdiction as a less invasive form of humanitarian intervention may be compelling. The Article contends that the [UN] Security Council should withdraw immunity in such cases and that, although this would be novel, there is both legal authority and historical precedent to support such action. Although it will be a challenge for the Council to withdraw immunity on a principled basis, this challenge should not be insurmountable, at least where the immunity of an official of a permanent member of the Council is involved. (pp. 445–446)
236.
Marquardt, Paul D. (1995). “Laws Without Borders: The Constitutionality of an International Criminal Court.” Columbia Journal of Transnational Law, 37(1):73–148. Marquardt, an attorney with the U.S. Court of Appeals for the 8th Circuit, argues that the objections to a permanent international criminal court, on both pragmatic and constitutional grounds, are based on flawed analyses. More specifically, he argues that “Pragmatic objections to such a court focus too heavily on the difficulty of bringing the leaders of criminal regimes to justice and overlook the other useful roles the court could play in the international system. Constitutional objections are simply poorly reasoned; well established principles of United States extradition and foreign relations law support U.S. participation in an international criminal court” (p. 73).
237.
May, Larry (2005). Crimes Against Humanity: A Normative Account. New York: Cambridge University Press. 328 pp. The focus of this book is on the philosophical foundations of international criminal law. More specifically, it addresses the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals.
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The book is comprised of the following parts and chapters: A. Universal and Moral Minimalism (1. “Introduction”; 2. “Jus Cogens Norms”; 3. “Custom, Opinio Juris, and Consent”); B. Principles of International Criminal Law (4. “The Security Principle”; 5. “The International Harm Principle”; 6. “International Crime: The Case of Rape”); C. Prosecuting International Crimes (7. “Prosecuting ‘Minor Players’ for Crimes Against Humanity”; 8. “Prosecuting State Leaders for Crimes Against Humanity” 9. “Prosecuting Genocide Amidst Widespread Complicity”); and D. Defenses and Alternatives (10. “Superior Orders, Duress, and Moral Perception”; 11. “The International Rule of Law”; 12. “Victims and Convictions”; and 13. “Reconciliation and Amnesty Programs”). 238.
May, Richard (2001). “Challenges to Indictments in International Trials,” pp. 433–445. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. In his introduction, May, presiding judge, Trial Chamber III, and chair, Rules Committee of the ICTY, notes that The purpose of this paper is to discuss the practice to date in relation to the challenges to indictments in trials before international criminal tribunals; mainly the International Criminal Tribunal for the former Yugoslavia (ICTY), but also the International Criminal Tribunal for Rwanda (ICTR), as well as the International Tribunals at Nuremberg and Tokyo, and the second tribunals in Germany and Japan. The discussion falls under four broad headings: 1. Who is to be indicted?; II. The form of the indictment; III. Challenges to the form of the indictments; and IV. The number of violations. (p. 533)
239.
May, Richard, and Wierda, Marieke (Eds.) (2002). International Criminal Evidence. Ardlsey, NY: Transnational Publishers. 394 pp. The collective authors of this book present an in-depth analysis of the law of evidence before international criminal tribunals (e.g., the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for Rwanda). In doing so, they address such topics as: admissibility, hearsay, identification evidence, and forensic and documentary evidence. They also discuss procedural issues arising from fair trial rights, state cooperation, witness protection, and the compulsive powers of the court. While the primary focus of the book is the practice of the United Nations ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda, it also delineates the developments of the law of evidence back to the trials conducted by the Allied powers after the Second World War. The authors also discuss the future of the law in this field, with comments on the projected implementation of the Statute and the Rules of Procedure
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of the permanent International Criminal Court (ICC). They conclude with some general remarks on trends in international criminal evidence that will be helpful to international tribunals, “mixed” tribunals (such as those proposed for Sierra Leone and Cambodia), and national courts alike. 240.
May, Richard, and Wierda, Marieke (1999). “Trends in International Criminal Evidence: Nuremberg, Tokyo, The Hague, and Arusha.” Columbia Journal of Transnational Law, 37(3):725–765. The authors, judge and associate legal officer, respectively, of the International Criminal Tribunal for the Former Yugoslavia (ICTY), argue that in relation to the rules of evidence, the Tribunals established by the U.N. Security Council in the 1990s are in a position to build on the work begun in the post-world War II trials. The article is comprised of the following sections and subsections: I. Introduction; II. Rules of Evidence in the Post-World War II Tribunals (A. The International Military Tribunal at Nuremberg; B. The IMTFE; C. The Subsequent Trials); III. Developments Since the World War II Tribunals (A. Human Rights Law, B. Witness Protection; C. Technology); IV. Rules of Evidence in the Modern Tribunals (A. The ICTY, and B. The ICTR); V. The Presentation of Evidence in the Tribunals (A. Examination of Witnesses; B. Time for Calling Evidence; C. Multiple Defendant Trials; D. The Accused as Witnesses; E. Role of the Trial Chamber); VI. The Nature of the Evidence Before the Tribunals; VII. Approach to the Admissibility of Evidence in the Tribunals (A. Treatment of Hearsay Evidence; B. Documenting Evidence; C. Affidavit Evidence); VIII. Safeguards for a Fair Trial (A. Burden and Standard of Proof; B. The Weighing of Evidence; C. Disclosure (1. The Post-World War II Tribunals; 2. The Modern Tribunals); D. Exclusion of Evidence and the Right to Silence); and IX. Conclusion.
241.
Mazurana, Dyan; Raven-Roberts, Angela; and Parpart, Jane (Eds.) (2005). Gender, Conflict, and Peacekeeping. Lanham, MD: Rowman & Littlefield Publishers. 321 pp. The book includes the following two chapters that deal with international law and genocide: “Prosecution of Gender-based Crimes in International Law” by Valerie Oosterveld, and “The Renewed Popularity of the Rule of Law: Implications for Women, Impunity, and Peacekeeping” by Barbara Bedont.
242.
McCormack, Timothy L. H., and Robertson, Sue (1999). “Jurisdictional Aspects of the Rome Statute for the New International Criminal Court.” Melbourne University Law Review, 23(2):635–667. McCormack, Foundation Australian Red Cross professor of International
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Humanitarian Law at the University of Melbourne, and Robertson, an intern with the Australian Permanent Mission to the United Nations in New York, identify . . . key aspects of the Rome Statute, with particular emphasis on the jurisdictional competence of the Court, and attempt to explain some of the legislative history and the jurisprudential significance of the highlighted provisions. . . . The Article examines the preconditions for the Court’s exercise of its jurisdiction—the so-called triggering mechanism for the institution of proceedings before the Court, the regime of state consent to the jurisdiction of the Court, and the principle of “complementarity” which encapsulates the relationship between the new international court and existing courts. The paper then analyzes the subject-matter jurisdiction of the Court—the specific crimes over which the Court will be able to exercise jurisdiction. (p. 637)
243.
McCormack, Timothy L. H., and Simpson, Gerry S. (Eds.) (1997). The Law of War Crimes: National and International Approaches. The Hague: Kluwer Law International. 262 pp. This volume includes five chapters that will be of particular interest to those interested in the intervention and prevention of genocide: chapter 1. “War Crimes: A Critical Introduction”; chapter 2. “From Sun Tzu to the Sixth Committee: The Evolution of an International Criminal Law Regime”; chapter 3. “The Politics of Prosecution: European National Approaches to War Crimes”; chapter 8. “Atrocity and Its Prosecution: The Ad Hoc Tribunals for the Former Yugoslavia and Rwanda”; and chapter 9. “Achieving the Promise of Nuremberg: A New International Criminal Law Regime.”
244.
McCoubrey, Hilaire (2001). “International Humanitarian Law and the Kosovo Crisis,” pp. 184–206. In Ken Booth (Eds.) The Kosovo Tragedy: The Human Rights Dimension. London: Frank Cass Publishers. In this piece, McCoubrey, professor in the University of Hull Law School, discusses the following issues: humanitarian norms and the KLA-Serbian conflict, humanitarian norms and the NATO air campaign, the politics of technology, and implications for the future. He particularly calls into question the ways in which “air power” was used during the course of the Kosovo conflict. More specifically, “the most worrying aspect of the NATO air campaign . . . is the extent to which it was, and could have been, adequately discriminating in its target selection. Collateral injury and damage is an inevitable consequence of almost any bombardment, but the high-level bombing practiced by NATO in the 1999 Kosovo crisis did little to minimize the possibility” (p. 203).
245.
McDonald, Avril (Ed.) (2005). Yearbook of International Humanitarian Law. Volume 5: 2002. The Hague: T. M. C. Asser Institute. 1022 pp.
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The Yearbook of International Humanitarian Law provides an international forum for high-quality, peer-reviewed academic articles focusing on humanitarian law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Among the articles that are most likely to be of interest to those concerned with the prevention and intervention of genocide are: “Developments in the Law of Genocide” by William A. Schabas; “Establishing the Responsibility of the Khmer Rouge Leadership for International Crimes” by David Boyle; “International Criminal Procedure and its Participants: An Examination of the Interaction of Judges, Prosecutor and Defense at the Yugoslav Tribunal” by Christoph J. M. Safferling; “Transitional Justice: The Prosecution of War Crimes in Bosnia and Herzegovina Under the ‘Rules of the Road’” by Janet Manuell and Aleksandar Kontic; and “The Liability of Civilians Under International Humanitarian Law’s War Crimes Provisions” by Roberta Arnold. 246.
McDonald, Avril (1998). “The Yearbook in Review,” pp. 113–160. In T. M. C. Asser Instituut (Ed.) Yearbook of International Humanitarian Law. Volume 1 1998. The Hague: T. M. C. Asser Press. McDonald, managing editor of theYearbook of International Humanitarian Law, discusses the following issues germane to the subject of the prevention and intervention of genocide: the enforcement of international humanitarian law, international criminal prosecution, the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Permanent International Criminal Court, national courts, and peacekeeping and peace enforcement.
247.
McDonald, Gabrielle Kirk (2001). “Contributions of the International Criminal Tribunals to the Development of Substantive International Humanitarian Law,” pp. 446–472. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. In her introduction, McDonald, former president and judge of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and presiding judge of the Appeals Chambers of the ICTY and the International Criminal Tribunal for Rwanda (ICTR), notes that “This essay will focus on the contributions of the International Criminal Tribunals to the substantive development of international humanitarian law, delineating the extensive jurisprudence concerning the elements of war crimes, crimes against humanity, genocide, and grave breaches of the four Geneva Conventions” (p. 448).
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The essay is comprised of the following parts: I. Introduction; II. Competence of the International Criminal Tribunals; III. Individual Accountability; IV. Statutory Provisions and Elements Relating to Substantive Offenses (IV. A. ICTY Statute, Article 2: Grave Breaches of the Geneva Conventions of 1949; IV.B. ICTY Statute, Article 3: Violations of the Laws or Customs of War and ICTR Statute, Article 4: Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II; IV.C. ICTY Statute, Article 4 and ICTR Statute, Article 2: Genocide; IV.D. ICTY Statute, Article 5; ICTR Article 3: Crimes Against Humanity); and V. Conclusion. 248.
Meernik, J. (2004). “Proving and Punishing Genocide at the International Criminal Tribunal for Rwanda.” International Criminal Law Review, 4(1):65–81. An examination of ICTR cases that tried defendants accused of allegedly perpetrating genocide during the course of the 1994 Rwandan genocide.
249.
Meernik, James (2003). “Victor’s Justice or the Law? Judging and Punishing at the International Criminal Tribunal for the former Yugoslavia.” The Journal of Conflict Resolution, April, 47(2):140–162. In this piece, the author examines the following issues: “Are the resources, experiences, and moral force so weighted in favor of the international community that the accused cannot obtain a fair contest?” and “Are international criminal trials legalistic exercises that cloak a victor’s justices, or do such courts premise their decision on fair criteria?”
250.
Meron, Theodor (1989). Human Rights and Humanitarian Norms as Customary Law. Oxford: Clarendon Press. 263 pp. This book, by the noted scholar Theodor Meron, professor of Law at New York University School of Law, is comprised of three parts: I. Humanitarian Instruments as Customary Law; II. Human Rights Instruments and Customary Law; and III. Responsibility of States for Violations of Human Rights and Humanitarian Norms. Meron comments on and discusses various aspects of genocide throughout the book (see, particularly, pages 11, 12, 13, 16, 94, 110, 111, 128, 165, 191, and 211).
251.
Meron, Theodor (1995). “International Criminalization of International Atrocities.” American Journal of International Law, 89(3):554–577. In this article, Meron, professor of law at New York University School of Law, sets out to “develop a broad, principled approach to the prosecution of perpetrators of atrocities committed in civil wars or noninternational armed
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conflicts (but not in civil strife or situations involving violence of lower intensity), focused not only on the role of international tribunals but also on that of national courts” (p. 556). It is comprised of the following sections: The Yugoslavia and Rwanda Statutes and Internal Atrocities; Criminality of Humanitarian Law; Ex Post Facto?; Nongrave Breaches and Universal Jurisdiction; War Crimes and Universal Jurisdiction; and War Crimes and Internal Conflicts. 252.
Meron, Theodor (1996). “The Normative Impact on International Law of the International Tribunal for Former Yugoslavia,” pp. 211–231. In Yoram Dinstein and Mala Tabory (Eds.) War Crimes in International Law. The Hague: Martinus Nijhoff Publishers. In his introduction to this essay, Meron writes as follows: Whatever the practical achievements of the International Tribunal for Yugoslavia may prove to be, the United Nations Security Council has established the first truly international criminal tribunal for the prosecution of persons responsible for serious violations of international humanitarian law. Its creation portends at least some deterrence to future violations and gives a new lease on life to that of international criminal law which applies to violations of humanitarian law. These are major achievements. However, the tragic and massive abuses in the former Yugoslavia have also triggered additional institutional and normative developments, which are the subject of this article. [Among some of the most noteworthy developments are as follows:] [First,] the ground-breaking determination by the Security Council that the commission of atrocities in the former Yugoslavia, particularly in Bosnia-Herzegovina, constituted a threat to international peace, and that the creation of an ad hoc international criminal tribunal would contribute to the restoration of peace. It was on this basis pursuant to Chapter VII of the UN Charter that the Security Council decided in Resolutions 808 and 827 to establish such a tribunal . . . ; [Second,] the statute of the tribunal contributes significantly to affirming certain major components of international humanitarian law as customary law . . . ; [the Third,] is the concerted and successful effort to treat the conflicts in the territory of the former Yugoslavia as international armed conflicts, which triggers the applicability of the entire body of international humanitarian law, including provisions of Hague law and Geneva law (grave breaches) establishing the personal responsibility of the perpetrators . . . ; [Fourth,] there has been a movement toward international criminalization of the offences under common Article 3 of the Geneva Convention committed in non-international armed conflicts . . . ; [Fifth], the due process protection in the statute exceeds those in the Charters of the Nuremberg and Tokyo Tribunals . . . ; [Seventh,] again going beyond the Nuremberg Charter, the new statute follows Control Council Law No. 10, adopted by the four occupying powers as a charter for war crimes trials by their national courts in Germany, by providing that rape can constitute a crime against humanity. (p. 211)
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253.
Mertens, Thomas (2004). “Humanitarian Intervention: Legal and Moral Arguments,” pp. 215–232. In Georg Meggle (Ed.) Ethics of Humanitarian Interventions. Frankfurt: Ontos Verlag. Mertens reports that This paper wants to contribute to the discussion on humanitarian intervention by bringing the main legal and moral viewpoints together. First, it will briefly discuss public international law as it has developed within the setting of the Charter of the United Nations. After that, the current state of affairs within political philosophy will be displayed by paying attention to a number of leading theories, varying from the rejection of humanitarian intervention by Kant and Stuart Mill to the acceptance of a limited right of intervention by Walzer. Subsequently, assuming that such a right exists, I will ask what the corresponding duty should be. Here I will briefly discuss Hegel’s critique on Kant and Habermas’ hesitations regarding the Kosovo intervention. Finally, I will argue that a correct assessment of humanitarian intervention requires a new approach, and I suggest that Rawls’ The Law of Peoples constitutes such an approach. (pp. 14–15)
254.
Mettraux, Guénaël (2005). International Crimes and the Ad Hoc Tribunals. New York: Oxford University Press. 442 pp. Herein, Mettraux, former associate legal officer of the Chambers (ICTY) and now a Defense Counsel appearing before the ICTY, provides an analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslavia and Rwanda. In doing so, he examines the legal and historical significance of some of the most important judicial developments to occur in the last 50 years in international criminal law. He delineates the law of the Tribunals, provides concrete illustrations of the application of the law to a variety of criminal cases, and provides a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of the Tribunals: the definition and application of the law of war crimes, crimes against humanity, and genocide. He also examines the Tribunals’ jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability). Two Parts (IV and VI) of this book deal with genocide. Part IV. Genocide is comprised of the following chapters: 13. “Genocide and International Criminal Tribunals”; 14. “General or Chapeau Elements of Genocide”; 15. “Underlying Offenses”; 16. “Genocide and other Forms of Criminal Involvement.” Part VI. Distinguishing Genocide, War Crimes, and Crimes Against Humanity: Cumulative Charging and Cumulative Convictions” is comprised of the following: 24. “War Crimes and Crimes Against Humanity”; 25. “War Crimes and Genocide”; and 26. “Genocide and Crimes Against Humanity.”
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Moghalu, Kingsley (2005). Rwanda’s Genocide: The Politics of Global Justice. New York: Palgrave Macmillan. 240 pp. Moghalu (former Special Counsel and Spokesman of the International Criminal Tribunal for Rwanda) “provides an analysis of the international political brinkmanship embedded in the quest for justice for Rwanda’s genocide. Moghalu takes us behind the scenes to the political and strategic factors that shape a path-breaking war crimes tribunal and demonstrates why the trials at Arusha, like Nuremberg, Tokyo and the Hague, are more than just prosecutions of culprits, but also politics by other means” (p. i). The book is comprised of the following: “The ‘Final Solution’ to ‘the Tutsi Problem’”; “The Political Architecture of Justice”; “The Arusha Tribunal”; “Uncharted Waters: Judging Genocide”; “A Baptism of Fire: The Barayagwiza Affair”; “Carla Del Ponte ‘Axed’”; “Hot Pursuit: Fugitives from Justice”; “Image and Reality: Perceptions of War Crimes Justice”; and “The Impact of the Arusha Tribunal.”
256.
Moir, Lindsay (2002). The Law of Internal Armed Conflict. Cambridge: Cambridge University Press. 298 pp. This book is comprised of the following chapters: 1. “The Historical Regulation of Internal Armed Conflict”; 2. “Article 3 Common to the Geneva Conventions”; 3. “Additional Protocol II of 1977”; 4. “Customary International Law and Internal Armed Conflict”; 5. “Human Rights During Internal Armed Conflict”; and 6. “Implementation and Enforcement of the Laws of Internal Armed Conflict.”
257.
Monshipouri, Mahmood, and Welch, Claude E. (2001). “The Search for International Human Rights and Justice: Coming to Terms with the New Global Realties.” Human Rights Quarterly, 23(2):370–401. In their introduction, Monshipouri (Professor and chair of the Political Science Department at Quinnipiac University) and Welch (SUNY Distinguished Professor of Political Science) write that “To assess the evolution of international human rights since the end of the Cold War, we analyze a complex array of issues, from sovereignty to intervention, from globalization to international justice [including the ad hoc international criminal tribunals for the Former Yugoslavia and Rwanda], issues that brought enormous pressure to state policymakers as they face these new realities” (p. 372).
258.
Montgomery, John D., and Glazer, Nathan (2002). Sovereignty Under Challenge: How Governments Respond. New Brunswick, NJ: Transaction Publishers. 402 pp. This collection of essays address a wide range of issues vis-à-vis that of sovereignty, including but not limited to the following: the impact of an
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ever-increasing number of institutions and treaties dealing with human rights, trade, investment and monetary affairs; and, on a different level, the rising claims within states from groups disenchanted with the political order and for new migrants. 259.
Morgenthau, Hans J., and Thompson, Kenneth W. (1985). Politics Among Nations: The Struggle for Power and Peace. New York: McGraw Hill. 688 pp. Considered a classic in the field, in this book the authors examine the issue of political realism and its perspective of the state as a rational and unitary actor that pursues, as its main goal, a self interest whose ultimate aim is “the pursuit of power.”
260.
Morris, Virginia, and Scharf Michael (1995). An Insider’s Guide to the International Criminal Tribunal for the Former Yugoslavia: A Documentary History and Analysis. Two Volumes. Irvington-on-Hudson, NY: Transnational Publishers, Inc. 501 pp. and 691 pp., respectively. Volume I provides a detailed analysis of the provisions of the statute of the International Tribunal and its rules of procedure and evidence, “taking into account existing international law and practice, the proposals submitted by states and organizations, and the views expressed by members of the [UN] Security Council in adopting the statute. The International Tribunal is also placed in a historical context and its prospects for success accessed” (pp. xiii–xiv). Volume II includes a collection of key documents that “trace the journey of the International Tribunal from idea to reality” (p. xiii). The authors note that “In addition to the interest historians or legal scholars may evince for such a project, the book is intended to serve as a practical guide for those who are involved, directly or indirectly, in the work of the International Tribunal, including states, intergovernmental and nongovernmental organizations, judges, prosecutors, and defense counsel” (p. xiii). Volume I is comprised of the following chapters: 1. “Major Developments in the History of International Criminal Jurisdiction”; 2. “The Legal and Factual Circumstances that Led to the Establishment of the International Tribunal”; 3. “The Legal Basis for the Establishment of the International Tribunal”; 4. “The Limited Jurisdiction and the Applicable Law of the International Tribunal”; 5. “The Subject Matter Jurisdiction of the International Tribunal”; 6. “The Personal Jurisdiction of the International Tribunal”; 7. “The Territorial and the Temporal Jurisdiction of the International Tribunal”; 8. “The Concurrent Jurisdiction of the International Tribunal and National Courts”; 9. “The Organization of the International Tribunal”; 10. “The Rules of Procedure and Evidence”; 11. “Investigation and Indictment”; 12. “The
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Trial”; 13. “Post-Trial Proceedings”; 14. “The Cooperation and Judicial Assistance of States”; 15. “General Provisions”; and 16. “Conclusion.” Volume Two is comprised of the following Documents: I. “Report of the Secretary-General Containing the Statute of the International Tribunal, 3 May 1993”; II. “The Rules of Procedure and Evidence of the International Tribunal, 11 February 1994 (as Amended 5 May and 4 October, 1994, and As Revised 30 January 1995)”; III. “Directive on Assignment of Defense Counsel, 1 August 1994”; IV. “Rules Governing the Detention of Persons Awaiting Trial or Appeal Before the International Tribunal, 5 May 1994”; V. “Headquarters Agreement for the International Tribunal, 27 May 1994”; VI. “Security Council Resolutions and Record of Debates”; VII. “Proposals of States and Organizations for the Statute of the International Tribunal”; VIII. “Proposals of States and Organizations for the Rules of Procedure and Evidence of the International Tribunal”; IX. “International Tribunal Documents”; and X. “The Nuremberg Precedent.” 261.
Morton, Jeffrey S., and Singh, Neil Vijay (2003). “The International Legal Regime on Genocide.” Journal of Genocide Research, 5(1):47–69. In their introduction, the authors state that The focus of this article is the contemporary legal status of the international regime on genocide. In order to assess its current status, the evolution of the regime is examined. Central to the regime’s current status are the provisions codified in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which are analyzed on an article-by-article basis. While the authoritative legal statement on the issue of genocide remains the Genocide Convention, it was the emergence of human rights law after World I, and especially in the drafting of the United Nations Charter and the activities of the UN in its early years, that made the convention possible. It was through the efforts by the United Nations General Assembly and Economic and Social Council in providing both the legal framework and the political support of nations for a prohibition on acts of genocide that made the codification of the Genocide Convention attainable. Recent developments in the form of the two ad hoc tribunals and ICJ rulings are then examined, followed by a discussion of the newly established International Criminal Court with jurisdiction over crimes of genocide. (p. 48)
262.
Murphy, John F. (1995). “International Crimes,” pp. 993–1023. In Oscar Schachter and Christopher Jones (Eds.) United Nations Legal Order. Volume 2. Cambridge, UK: Cambridge University Press. Murphy, Professor of Law at the Villanova University School of Law, briefly discusses the issue of genocide (pp. 1010–1012), as well as the establishment of a permanent international criminal court (pp. 1081–1021).
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263.
Murphy, Sean D. (1996). Humanitarian Intervention: The United Nations in an Evolving World Order. Philadelphia: University of Pennsylvania Press. 427 pp. A major study of the complexities of humanitarian intervention, this book was the recipient of a Certificate of Merit from the American Society of International Law. Written by an individual who was formerly in the office of the legal adviser of the U.S. Department of State and who later served as counselor for legal affairs at the U.S. Embassy in the Hague, this book addresses the following questions: “Should states be allowed to intervene militarily in the affairs of other states to prevent human rights deprivation—an action commonly referred to as ‘humanitarian intervention’?”; and “If so, under what conditions should such intervention occur?” Murphy provides an in-depth examination of the historical developments of constraints on the use of force and incidents of humanitarian intervention prior to, during, and after the cold war. In regard to cases of genocide, it examines the interventions in Bosnia and Rwanda. The book is comprised of eight chapters: 1. “Humanitarian Intervention: Preliminary Considerations” (A. Humanitarian Intervention Defined; B. Law, Morality, and Political, Theory; and C. Methodology); 2. “Humanitarian Intervention Prior to the UN Charter” (A. Ancient Legal Traditions; B. Christian Legal Traditions; C. The Rise of the Nation-State: Grotius and Vattel; D.The Growth of Positive Law; E. The Era of the Concert of Europe; and F. The Convenant of the League of Nations and the Kellogg-Briand Pact); 3. “The UN Charter: Origins and Text”; 4. “Intervention During the Cold War (1945–1989)”; 5. “Incidents of Intervention After the Cold War” (including Bosnia-Herzegovina, 1992, and Rwanda, 1994); 6. “The United Nations and Humanitarian Intervention” (A. The Evolving Nature of “Threats to Peace”; B. Promises and Problems in the Security Council’s New Role; C. A Duty to Intervene? D. The Structure of the Security Council and the Role of Other UN Organizations; E. The Means for UN Humanitarian Intervention; F. The Limits of Humanitarian Intervention; G. Key Difficulties Encountered to Date; and H. Improvements for Future Interventions); 7. “Regional Organizations and Humanitarian Intervention” (A. Regional Arrangements Under the Charter; B. Applying Chapter VII to Humanitarian Invention—1. Practices, 2. Prospects); and 8. “Unilateral Humanitarian Intervention” (A. Rules-Oriented Approach, B. Policy-Oriented Approach, C. Philosophy-Oriented Approach, D. The Security Council as Authoritative Decisionmaker, and E. Toward Criteria for the Conduct of Unilateral Humanitarian Intervention).
264.
Neier, Aryeh (1998). War Crimes: Brutality, Genocide, Terror, and the Struggle for Justice. New York: Times Books. 286 pp.
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In his introduction, Neier, the former executive director of Human Rights Watch, states that “This book tells the story behind the establishment of the tribunals [the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the Former Yugoslavia (ICTY), which are, respectively, trying the alleged perpetrators of genocide in Rwanda (1994) and the alleged perpetrators of crimes against humanity and genocide in the former Yugoslavia (early to mid-1990s)], places them in historical context, and discusses some of the key questions raised by such efforts to determine accountability. It is also a story of political paralysis and sometimes craven behavior” (p. xiv). The book is divided into two parts and fifteen chapters: Part One. Dealing with War Crimes Before Bosnia (1. “Vukovar: Where It Began”; 2. “The Laws of War”; 3. “The United Nations”; 4. “The Battle for Truth”; 5. “Purges and Criminal Regimes”; 6. “Doing Justice Abroad and at Home”; and 7. “The Trouble with Amnesty”), and Part Two. Bosnia, Rwanda, and the Search for Justice (8. “Calling for a Tribunal: The Right Deed for the Wrong Reason?”; 9. “The Return of the Concentration Camp”; 10. “Sarajevo and Siege Warfare”; 11. “Rape”; 12. “Incitement to Mass Murder”; 13. “Guilt”; 14. “Putting Criminals in the Dock”; and 15. “Epilogue: Toward a Permanent International Criminal Court”). Time and again, Neier confronts the reader with the double-talk, hesitancy, duplicity and realpolitik of the UN and Western nations vis-à-vis the events leading up to and eventuating in the genocides. 265.
Neressian, David L. (2003). “The Razor’s Edge: Defining and Protecting Human Groups Under the Genocide Convention.” Cornell International Law Journal, Spring, 36(2): 293–327. In his introduction to this Article, Neressian, adjunct faculty at Boston School of Law and candidate for doctor of philosophy in Law at Oxford University, states that This article has two primary goals. After sketching the background of the crime of genocide and the Genocide Convention in Part I, it moves on in Part II to a critical analysis of the proper methodology for defining the contours of protected groups. The analysis focuses principally upon academic writing, and upon decisions in the international criminal tribunals that address the issue, including the most recent decision on the issue, the ICTR [International Criminal Tribunal for Rwanda] Appeal Chambers July 2002 judgment in Prosecutor v. Bagilishema. It argues that efforts to achieve a purely objective or scientific definition of protected groups may have proved to be largely artificial and even counterproductive in practice. The better approach to defining such groups is to adopt a more subjective inquiry into the contours of the group as understood (and acted upon) by the perpetrators of genocide.
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. . . [Ultimately, though,] a purely subjective approach does not provide a satisfactory answer, either. Taken to its logical conclusion, a purely subjective approach could lead to group definitions that bear no relation at all to the established pre-genocidal existence of the group in society. This disconnect is inconsistent with the manifest object and purpose of the Convention, which is to protect certain categories of pre-existing human groups from physical and biological destruction. Accordingly, this Article advocates a hybrid approach to defining groups that accounts for the subjective views of the perpetrators but requires some measure of baseline objective evidence linking the perpetrator’s views to the groups’ pre-genocidal existence. Following the discussion of the contours of the protected group, Part IV analyzes how genocidal intent actually is manifested against that defined group in terms of the genocidist’s efforts to achieve the group’s destruction. This Article makes the case for a broad conception of what it means to intend to destroy a group “as such” and rejects a strict numerical construction of the crime. It advocates the parallel recognition of a more flexible approach grounded principally in the intentions of the genocidist. (pp. 295–296)
266.
Newman, Edward (2002). “’Transitional Justice’: The Impact of Transnational Norms and the UN.” Special Issue (“Recovering from Civil Conflict: Reconciliation, Peace and Development” edited by Edward Newman and Albrecht Schnabel) of International Peacekeeping, Summer, 9(2):31–50 . The abstract to this article reads as follows: A perennial challenge in post-conflict societies is how to balance claims for justice, truth and accountability with the need for peace and stability. Increasingly in recent years, international norms are impinging upon this process with the growing consensus that some form of justice and accountability are integral to peace and stability. This essay explores the modalities of dealing with past abuses of human rights, and considers whether the growing prominence of international law, international tribunals and courts that have a humanitarian remit is changing the balance of transition in favor of accountability and justice. The essay concludes that dealing with past abuses of human rights is as much about politics and trade-offs as it is about justice and accountability, especially in post-conflict and transitional situations. Whilst the input of international norms and institutions may increase the prospects of justice, transitional societies must embrace other values—such as peace, stability, development—that are not necessarily co-terminal. Moreover, the process will inevitably be conditioned by the predilections of powerful political actors outside the societies in question. (n.p.)
267.
Newman, Edward, and Rich, Roland (Eds.) (2004). The UN Role in Promoting Democracy: Between Ideals and Reality. Tokyo: United Nations University Press. 320 pp. This book considers and questions the modalities, effectiveness and controversies of the UN’s work in promoting and assisting democracy. It examines
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whether the UN is capable of helping to build the foundations of democracy and whether, as an “external” actor, it can have a substantive positive impact upon the development of democratic governance inside societies. More specifically, the editors and contributors address the following issues: the promotion of democracy: international law and norms; crafting Security Council mandates; building democracy through benevolent autocracy—consultation and accountability in UN transitional administrations; elections in post-conflict societies; The UN’s electoral assistance; United Nations democracy promotion; UN experience in long-term democracy assistance; and the extent of the United Nation’s impact on democracy in Cambodia, Kosovo, and East Timor. 268.
Nowrojee, Binaifer, and Ralph, Regan (2000). “Justice for Women Victims of Genocide: Rwanda After the 1994 Genocide,” pp. 162–175. In Ifi Amadiume and Abdullahi An-Nalim (Eds.) The Politics of Memory: Truth, Healing, and Social Justice. New York: Zed Books. In their Introduction, the authors assert that “Not until the international outcry arose in response to reports of mass rape in the former Yugoslavia did the international community seriously confront rape as a war crime and begin to take steps to punish those responsible for such abuses through the ad hoc UN International Criminal Tribunal for the Former Yugoslavia” (p. 162). Among the many issues the authors address here are: the reality and frequency of rape committed during the course of violent conflict, the problem of silence and impunity in the face of rape, rape as a violation of international law, rape as a war crime, rape as a crime against humanity, rape as a genocide crime, gender-based violence during the Rwandan genocide, extending justice to the Rwandan women at the International Criminal Tribunal for Rwanda, and the Akayesu Judgment.
269.
Nsereko, Daniel D. Ntanda (1996). “Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia,” pp. 293–241. In Roger S. Clark and Madeleine Sann (Eds.) The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. This chapter is comprised of the following sections and subsections: Jurisdiction; Initiation of Proceedings (The Prosecutor, Investigation, Questioning of Suspects, Indictment and Pretrial Proceedings); Fair Trial; and Rules of Evidence (Admissible Evidence, Privileged Evidence, Evidence in Cases of Sexual Assault, Evidence of a Consistent Pattern of Conduct, and Mode of Taking Evidence).
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270.
O’Flaherty, Michael, and Gisvold, Gregory (1998). Post-War Protection of Human Rights in Bosnia and Herzegovina. The Hague: Martinus Nijhoff Publishers. 333 pp. The purpose of this book is to contribute to the process of interpreting and assessing the post-Dayton human rights regime in Bosnia and Herzegovina. The book is comprised of the following: “Introduction”; chapter 1. “An Overview of the Substantive Human Rights Regime After Dayton: A Critical Appraisal of the Constitution of Bosnia and Herzegovina” by Zoran Pajic; chapter 2. “The Role and Relationship of Constitutional and Non-Constitutional Domestic Human Rights Enforcement Mechanisms” by Nedo Milicevic; chapter 3. “Implications of the Special Status Accorded in the General Framework Agreement for Peace to the European Convention on Human Rights” by Nico Mol; chapter 4. “International Human Rights Operations in Bosnia and Herzegovina” by Michael O’Flaherty; chapter 5. “Disappearances in Bosnia and Herzegovina” by Manfred Nowak; chapter 6. “Bosnia and Herzegovina and the Right to Return in International Law” by Maria Stavropoulou; chapter 7. “The Impact of International Human Rights Law on the Property Law of Bosnia and Herzegovina” by Elena Popovic; chapter 8. “The Relevance of International Human Rights Law for the Development of Economic, Social, and Cultural Policy in Bosnia and Herzegovina” by Susanne Malmstrom; chapter 9. “Strategies to Combat Discrimination Against Women” by Christine Chinkin; chapter 10. “The Post-Dayton Role of the International Criminal Tribunal for the Former Yugoslavia” by Drazen Petrovic; chapter 11. “The United Nations Treaty Bodies and Bosnia and Herzegovina” by Michael O’Flaherty; chapter 12. “A Truth Commission for Bosnia and Herzegovina” by Gregory Gisvold; and “Afterword” by Gret Haller.
271.
Orentlicher, Diane F. (1991). “Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime.” The Yale Law Journal, 100(8):2537–2615. In regard to the focus of this article, Orentlicher, general counsel for the International League of Human Rights, states that I will argue (in Part I) that the central importance of the rule of law in civilized societies requires, within defined but principled limits, prosecution of especially atrocious crimes. I will also argue that international law itself helps assure the survival of fragile democracies when its clear pronouncement removes certain atrocious crimes from the provincial realm of a country’s internal politics and thereby places those crimes squarely within the scope of universal concern and the conscience of all civilized people. I next argue (in Part II) that recently developed principles of international law, both customary and conventional, already impose significant obligations in this regard.
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. . . I next consider (in Part III) whether successor governments must prosecute all such offenses committed by a previous regime. Analyzing the duties in light of their underlying rationales, I conclude that both the treaty and customary obligations to punish atrocious crimes are consistent with a limited program of prosecutions, but would be breached by wholesale impunity. ..Finally, I consider (in Part IV) whether new law clarifying governments’ obligation to punish atrocious crimes should be developed. (pp. 2540–2541)
This Article is comprised of the following parts and sections: Introduction; I. Why Punish? (A. The Case for Prosecutions; B. The Case Against Prosecutions; C. The Role of International Law); II. The Duty to Punish Under Current International Law (A. International Criminal Law—1. General Principle; 2. Human Rights Crimes (a. The Nuremberg Precedent; b. PostNuremberg Developments; c. Domestic Enforcement); B. Human Rights Conventions Specifying a Duty to Prosecute. 1. The Genocide Convention; and 2. The Convention Against Torture; C. Comprehensive Human Rights Conventions; D. Customary Law: Disappearances, Extra-Legal Executions and Torture; and E. Customary Law. Crimes Against Humanity); III. Application of General Rule to Transitional Societies; IV. Future Developments in the Law; and Conclusion (For a response to Orentlicher’s Article, see Carlos S. Nino’s “The Duty to Punish Past Abuses of Human Rights Put Into Context: The Case of Argentina,” The Yale Law Journal, June 1991, 100(8):2619–2640. For Orentlicher’s reply to Nino, see “A Reply to Professor Nino, The Yale Law Journal, June 1991, 100(8):2641–2643.) 272.
Orford, Anne (2003). Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law. New York: Cambridge University Press. 243 pp. Orford, associate professor of Law in the Law School at the University of Melbourne, provides critical readings of the narratives that accompanied major humanitarian interventions in the 1990s, and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that “a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during the period.” The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory, and critical geography in order to develop ways of reading directed at thinking through the cultural and economic effects of “militarized humanitarianism.” The book is comprised of the following chapters: 1. “Watching East Timor”; 2. “Misreading the Texts of International Law”; 3. “Localizing the Other: The Imaginative Geography of Humanitarian Intervention”; 4.
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“Self-determination After Intervention: The International Community and Post-Conflict Reconstruction”; 5. The Constitution of the International Community: Colonial Stereotypes and Humanitarian Narratives”; and 6. “Dreams of Human Rights.” 273.
O’Shea, Andreas (2004). Amnesty for Crime in International Law and Practice. The Hague: Kluwer Law International. 376 pp. In his preface, O’Shea writes: This work aims to place the growing domestic practice of adopting amnesty laws within the context of the developing international legal framework. It pursues a path towards defining the legitimate parameters of amnesty in terms of international law and reconciling the national practice with the initiatives of the international community of states. I analyze the domestic and international legal context of amnesty and reach findings on the international framework. Owing to international obligations, an amnesty may not be recognized by other states or the international criminal tribunals. In particular, a national amnesty will have no effect on the jurisdiction of the forthcoming International Criminal Court. Given the necessity of amnesty in some conflicts and the usefulness of some amnesties in themselves promoting the aims of human rights, this work suggests clear guidelines on amnesty and some limited recognition by the international community, while maintaining a form [sic] respect for the international rule of law. The mechanism suggested for this purpose is a Protocol to the Rome Statute establishing the International Criminal Court. This would set out the limits to domestic amnesty, but, in exceptional circumstances where transition or peace would otherwise be severely compromised, exempt the state from the need to prosecute and/or extradite an international offender. (p. ix).
274.
Osofsky, Hari M. (1997). “Domesticating International Criminal Law: Bringing Human Rights Violators to Justice.” The Yale Law Journal, 107(1):191–226. In this Note, the author states that Despite all [of the] commentary, no systematic analysis of national criminal jurisdiction over human rights violations has occurred. This Note aims to fill that gap by tracing the development of national criminal jurisdiction in international human rights law and its manifestation in U.S. law. It advocates an expanded statutory regime and a systematic approach to prosecution. After considering some of the potential pitfalls of broader criminal jurisdiction over international human rights violations, it recommends statutory and litigative approaches to address them. Part I describes the evolution of international human rights law toward the recognition of national criminal jurisdiction and the United States’ implementation of such jurisdiction. Part II analyzes policy reasons for expanding national criminal jurisdiction’s need to enforce universal norms, the limitations of international mechanisms, and the incompleteness of
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national jurisdiction. Part III considers some problems that might result from broader jurisdiction, such as sovereignty and legitimacy concerns, undermining of civil redress mechanisms, ambiguities of scope and difficulties of accessing prosecution. Part IV suggests statutory criminalization of clearly established human rights violations and discretionary use of criminal litigation based on a comparative forum conveniens analysis. International criminal jurisdiction, the Note concludes, provides an important mechanism of justice beyond that provided by civil law but should be expanded carefully. (p. 193)
275.
Paust, Jordan (2001). “Content and Contours of Genocide, Crimes Against Humanity, and War Crimes,” pp. 289–306. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. This essay by Paust, Law Foundations Professor at the University of Houston, is comprised of the following parts and sections: I. Genocide; II. Crimes Against Humanity; III. War Crimes (III.A. Customary Laws of War; III. B. Applicable Portions of Humanitarian Law; III.C. Protection of Civilians); IV. Leader Responsibility for Violations of International Criminal Law; and V. Sanctions for Violations of International Criminal Law.
276.
Paust, Jordan J. (2000). “Women and International Criminal Law Instruments and Processes,” pp. 349–372. In Kelly D. Askin and Dorean M. Koenig (Eds.) Women and International Human Rights Law. Volume 2. Ardsley, NY: Transnational Publishers, Inc. In her introduction, Paust asserts and then comments that (t)he international criminal law process may often appear to be gender neutral, but the reality of its orientation and functioning is too often less than nondiscriminatory with respect to female victims. In this chapter, efforts are made to identify certain areas of concern with respect to victims and consequences, including issues of intent and effect. Various types of international crimes are addressed in this regard (including those in gender-neutral instruments and those that are expressly gender related). (p. 349)
The chapter is comprised of the following sections and subsections: Introduction; Various International Crimes (Protected Persons; Armed Violence and Race Discrimination; Terrorism; Torture; War Crimes; Genocide; Crimes Against Humanity, and Slavery and Trafficking); and Other Areas of Concern; and Conclusion. 277.
Penrose, Mary Margaret (2000). “It’s Good to Be the King!: Prosecuting Heads of State and Former Heads of State Under International Law.” Columbia Journal of Transnational Law, 39(1):194–220. Penrose, professor of Law at the University of Oklahoma College of Law, criticizes historical practices regarding the lack of prosecution of sitting
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and former heads of state. In doing so, she argues that such persons should stand trial for their alleged crimes. She duly notes, though, that state practice and international law as they currently exist offer only limited help toward advancing such a goal. She asserts that although the Pinochet precedent [the warrant issued for former Chilean dictator Augusto Pinochet’s arrest by a Spanish judge for atrocities Pinochet allegedly oversaw against Spanish citizens while he was Chilean head of state] suggests that states may be moving toward a willingness to prosecute heads of state, there needs to be an enactment of prosecutorial rules and regulations. In that regard, she urges countries to take the necessary steps to create an international criminal court so that criminal defendants may be tried in a consistent manner in a judicial forum existing specifically for such purposes. 278.
Petersmann, Ernst-Ulrich (1997). “How to Reform the UN System? Constitutionalism, International Law, and International Organizations.” Leiden Journal of International Law, 10(3): 421–474. Petersmann, professor of Law at the University of Geneva, argues that “European integration law suggests that ‘international constitutionalism’ offers the most effective approach for strengthening the rule of law and cooperation among democracies—and thus, is the way to make far-reaching changes within the UN system in regard to actually achieving the objectives of the UN Charter (e.g., the protection of human rights and the maintenance of peace)” (p. 421).
279.
Petrovic, Drazen (1998). “The Post-Dayton Role of the International Criminal Tribunal for the Former Yugoslavia,” pp. 195–214. In Michael O’Flaherty and Gregory Gisvold (Eds.) Post-War Protection of Human Rights in Bosnia and Herzegovina. The Hague: Martinus Nijhoff Publishers. This essay, by a lawyer from Sarajevo, is comprised of the following sections: I. Legal Basis for the Creation of the Tribunal; II. Respect for the Tribunal; and III. Possible Roles of the Tribunal (The Tribunal Should Contribute to the Peace Efforts, The Tribunal’s Role is Preventive, The Tribunal’s Role is to Render Justice, and The Tribunal is a Step Towards the Creation of a Permanent International Tribunal).
280.
Pilch, Frances T. (2003). “Sexual Violence: NGOs and the Evolution of International Humanitarian Law.” Special Issue (“Mitigating Conflict: The Role of NGOs” edited by Henry F. Carey and Oliver P. Richmond) of International Peacekeeping, 19(1):90–102. In the abstract of her article, Pilch reports the following: “This essay explores the efforts of selected NGOs with a human rights focus, especially women’s
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advocacy groups, in raising public consciousness, providing expert opinion and information, supporting prosecutions and influencing the development of legal jurisprudence on sexual violence in armed conflict. Their growing interdependence, their use of technology, and their application of legal expertise to influence the work of contemporary international and domestic courts is examined in relation to the revolution that has taken place concerning the attainment of justice for victims of sexual violence.” 281.
Philpott, Daniel (1999). “Westphalia, Authority, and International Society.” Political Studies, 47(3):566–589. In his introduction, Philpott, professor of Political Science at the University of California at Santa Barbara, writes as follows: The Peace of Westphalia, the 1648 settlement of the Thirty Years War, now eponymous among scholars for our system of sovereign states, is 350 years old. Audacious claimants of change commemorate this birthday as a funeral rite. They speak grandly, of our own times as interesting, of sovereignty’s erosion, of moving beyond Westphalia, of a new medievalism, all realized through the expansion of the European Union, the rise of internationally sanctioned intervention, and governments’ loss of control over goods, money, migrants, investment, drugs and terrorists—moving across borders, ever quickening. Predictably, to others, this talk is fustian. None of the Westphalia Settlement’s words is lapidary: the rise of state sovereignty at Westphalia, the robustness of state sovereignty since Westphalia, and the fall of state sovereignty today are all overrated. If the seers are right, then Westphalia is properly commemorated, and our times interesting. Changes in international politics after the Cold War are more fundamental than the usual sorts of changes that follow the usual major wars: crownings of new hegemons, constructions of new schemes for maintaining peace and order, and ascents of new victors of the game with new players and new rules; indeed, as I shall argue, a revision in the constitutional authority underlying international relations. Our literature, though, lacks a concept that would tell us whether this sort of change is taking place, and if so, how it compares in quality and scale with previous changes in international authority. So that is what I propose: To develop the concept of the constitution of international relations. In the first half of the paper, I explicate the concept. In the second half, I use it to characterize international history—as one of successive constitutional changes, and finally to judge the allegations of contemporary revolution. (pp. 566–567)
The essay is comprised of the following sections and subsections: The Constitution of International Society; The Three Faces of Authority; But What Exactly Are Constitutions of International Society?; A Brief History of Constitutions of Society in the West; Toward a System of Sovereign States (The Revolution at Westphalia, Westphalian Europe and the Rest of
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the World, The Rise of Colonial Independence); Away from a System of Saving States (Minority Treaties, The Return of European Unity, Internationally Sanctioned Intervention, Other Circumscriptions of Sovereignty); and Conclusions. 282.
Price, Monroe E., and Thompson, Mark (Eds.) (2002). Forging Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. 408 pp. Forging Peace: Intervention, Human Rights and the Management of Media Space brings together case studies and legal analysis of the steps that the United Nations, NATO, and other organizations, both governmental and non-governmental, have taken to build pluralist and independent media in the wake of massive human right violations. In doing so, it examines current thinking on the legality of unilateral humanitarian intervention, and then analyses the pioneering use of information intervention techniques in conflict zones, ranging from full-scale bombardment and confiscation of transmitters to the establishment of new laws and regulatory regime. The book is comprised of the following chapters related to international law and media intervention: 1. “Defining Information Intervention: An Interview with Jaime Metzl” by Mark Thompson; 2. “Hate Propaganda and International Human Rights Law” by Stephanie Farrior; 3. “International Law and Information Intervention” by Eric Blinderman; 4. “Note on Legality of Information Intervention” by Julie Mertus; and 5. “A Module for Media Intervention: Content Regulation in Post-Conflict Zones” by Peter Krug and Monroe E. Price.
283.
Provost, René (2005). International Human Rights and Humanitarian Law. New York: Cambridge University Press. 388 pp. Provost (McGill University, Montreal) analyses systemic similarities and differences between international human rights and humanitarian law and explores how they are each built to achieve similar goals. He details the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible—and the latter helps to provide an understanding of why their norms succeed in some ways and fail in others. Provost addresses relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa, and Latin America.
284.
Quintal, Anne L. (1998). “Rule 61: The ‘Voice of the Victims’ Screams Out for Justice.”Columbia Journal of Transnational Law, 36(3):723–759. Quintal, a J.D. candidate at Columbia University School of Law, traces the evolution of the Rule 61 procedure (which is a procedure that would enable
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the International Criminal Tribunal of the Former Yugoslavia (ICTY) to issue an international arrest warrant against an accused person who, though indicted, has remained at large, as well as to compile a public record of an alleged war criminal’s involvement in the atrocities without conducting a controversial trial in absentia). In doing so, she discusses the creation of the ICTY and the provisions that were enacted to place an obligation on the international community to bring the accused to justice. She also examines how the Rule 61 procedure was crafted as a compromise to avoid conducting trials in absentia when the ICTY is unable to bring the accused into custody, as well as the operation of the Rule 61 proceeding. She further notes that “while the Rule 61 procedure represents a unique solution to the problem of the absent defendant, invoking the Rule transforms the Tribunal’s main function of acting as a justice-rendering institution into serving as a fact-finding body more akin to a truth commission. [She argues further] that the latter essentially creates a disincentive on the part of the international community to arrest suspected war criminals and bring them to trial” (p. 723). 285.
Ragazzi, Maurizio (1997). The Concept of International Obligations Erga Omnes. New York: Clarendon Press. 264 pp. This book, written by a member of the legal department of the World Bank, includes a chapter (5) entitled “The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (b) The Outlawing of Genocide.” The latter is comprised of four parts: I. The International Prohibition of Genocide; II. The Advisory Opinion on the Genocide Convention; III. Advisory Opinion on the Genocide Convention and the Dictum on Obligations Erga Omnes; and IV. Conclusions.
286.
Railsback, Kathryn (1990). “A Genocide Convention Action Against the Khmer Rouge: Preventing a Resurgence of the Killing Fields.” Connecticut Journal of International Law, 5(2):457–481. Herein, an attorney based in Seattle, Washington, discusses the potential efficacy of “a Genocide Convention action against the Khmer Rouge” (p. 458). Part One discusses relevant Convention provisions, part two provides an overview of Khmer Rouge actions between 1975 and 1979 and discusses whether such actions constituted “genocide,” and part three examines how bringing the Khmer Rouge to trial under the provisions of the UN Genocide Convention might be propitious in preventing new outbreaks of genocide in both Cambodia and other parts of the world.
287.
Ratner, Steven R., and Abrams, Jason S. (1997). Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy. New York: Oxford University Press. 369 pp.
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In this book, Ratner (professor of Law at the University of Texas School of Law and Abrams (a legal officer with the office of legal affairs at the United Nations), present a comprehensive examination of the promises and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. The book is comprised of four parts and fifteen chapters: Part I. Substantive Law (1. “Individual Accountability for Human Rights Abuses: Historical and Legal Underpinnings”; 2. “Genocide and the Imperfections of Codification”; 3. Crimes Against Humanity and the Inexactitude of Custom”; 4. “War Crimes and the Limitations of Accountability for Acts in Armed Conflict”; 5. “Other Abuses Incurring Individual Responsibility Under International Law”; 6. “Expanding and Contracting Culpability: Related Crimes, Defenses, and Other Barriers to Criminality”); Part II. Mechanism for Accountability (7. “Mechanisms for Accountability: Framing the Issues”; 8. “The Forum of First Resort: National Tribunals”; 9. “The Progeny of Nuremberg: International Criminal Tribunals”; 10. “Non-Prosecutorial Options: Investigatory Commissions, Civil Suits, and Immigration Measures”; 11. “Developing the Case: Comments on Evidence and Judicial Assistance”); Part III. A Case Study: The Atrocities of the Khmer Rouge (12. “The Khmer Rouge Rule Over Cambodia: A Historical Overview”; 13. “Applying the Law”; 14. “Engaging the Mechanisms”); and Part IV. Conclusion (15. “Striving for Justice: The Prospects for Individual Accountability”). Chapter 2 (“Genocide and the Imperfections of Codification”) addresses the following issues: “Background and Preparation of the Genocide Convention,” “Definition of Genocide,” “Reservations to the Genocide Convention,” “Recent Jurisprudential Developments,” “Genocide Under Customary International Law,” and “Theoretical and Practical Challenges”). 288.
Reus-Smit, Christian (Ed.) (2004). The Politics of International Law. Cambridge: Cambridge University Press. 344 pp. Herein, a group of leading international relations scholars and legal theorists advance a new constructivist perspective on the politics of international law. They reconceive politics as a field of human action that stands at the intersection of issues of identity, purpose, ethics, and strategy, and define law as an historically contingent institutional expression of such politics. They explain how liberal politics has conditioned modern international law and how law ‘feeds back’ to constitute international relations and world politics. This new perspective on the politics of international law is illustrated through various detailed case-studies, including those of the use of force, the International
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Criminal Court, the Kosovo bombing campaign, international financial institutions, and global governance (n.p.).
This book is comprised, in part, of the following chapters: 1. “Introduction” by Christian Reus-Smit; 2. “The Politics of International Law” by Christian Reus-Smit; 3. “When States Use Armed Force” by Dino Kritsiotis; 4. “Soft Law, Hard Politics, and the Climate Change Treaty” by Robyn Eckersley; 6. “International Law, Politics, and Migrant Rights” by Amy Gurowitz; 7. “The International Criminal Court” by David Wippman; 8. “The Kosovo Bombing Campaign” by Nicholas Wheeler; 9. “International Financial Institutions” by Antony Anghie; 10. “Law, Politics, and International Governance” by Wayne Sandholtz and Alec Stone Sweet; and 11. “Society, Power, and Ethics” by Christian Reus-Smit. 289.
Rodley, Nigel (Ed.) (1992). To Loose the Bands of Wickedness: International Intervention in Defence of Human Rights. London: Brassey’s. 287 pp. The authors in this volume examine the issue of the evolving view of the right to humanitarian intervention and its impact on domestic jurisdiction and the ramifications of such for Article 2(7) of the United Nations Charter.
290.
Rome Statute of the International Criminal Court (1998). U.N. Doc. A/ CONF.183/9 (1998). See annotation # 330.
291.
Rosand, Eric (2000). “The Right to Compensation in Bosnia: An Unfulfilled Promise and a Challenge to International Law.” Cornell International Law Journal, 33(1):113–158. In this article, Rosand, attorney-adviser in the U.S. State Department’s office of the legal adviser, addresses the significance of implementing the Dayton Peace Accord’s provisions regarding the right to compensation. In his introduction, Rosand asserts and then suggests that (t)he availability of compensation would provide financial assistance to the thousands of dislocated persons who wish to resettle, rather than return home. It would also offer these victims some redress for the violations of property rights that constitute the most prevalent human rights abuse during the war as well as the main humanitarian consequence of the displacement. Further, assuming that the Bosnian government funds any compensation mechanism, it might serve an important precedent for developing a customary international law principle that refugees who are unwilling or unable to return to their original homes are entitled to be compensated by their state of origin, for property they have left behind. Moreover, if this right becomes part of customary international law, it could be used, along with the more developed right to deter states from creating the conditions that led to mass flows of refugees and displaced persons. (p. 117)
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292.
Roth, Brad R. (1999). Government Illegitimacy in International Law. Oxford: Oxford University Press. 439 pp. This is an extremely useful book for those concerned with the prevention and intervention of genocide and the latter’s relationship to issues of state sovereignty, internal affairs, humanitarian intervention, and international law. The book is comprised of the following ten chapters: 1. “International Politics, International Law, and the Legitimacy of Domestic Governments”; 2. “Legal Legitimacy in Theoretical Perspective”; 3. “Popular Sovereignty and Domestic Constitutional Orders”; 4. “The Rise and Fall of Revolutionary-Democratic Dictatorship”; 5. “Legal Legitimacy and Recognition of Governments: A Doctrinal Guide”; 6. “Ascertaining the Will of ‘Peoples’: Governmental Illegitimacy and Self-Determination”; 7. “Two Governments, One State: Recognition Contests and the Use of Force”; 8. “Governmental Illegitimacy and Political Participation”; 9. “Haiti and Beyond: Popular Will and De-Legitimation in the 1990s”; and 10. “Conclusion: Sovereignty and Popular Will.”
293.
Roth, Kenneth (2001). “The Case for Universal Jurisdiction.” Foreign Affairs, September/October, 90(5):150–154. Responding to Henry Kissinger’s article “The Pitfalls of Universal Jurisdiction” (July/August 2001, Foreign Affairs), Roth, executive director of Human Rights Watch, argues that Kissinger’s objections “are misplaced, and the alternative he proposes is little better than a return to impunity” (p. 150). Roth goes on to provide a rationale for universal jurisdiction. (Editor’s Note: Kissinger’s article, “The Pitfalls of Universal Jurisdiction” is annotated in this section; see #209.)
294.
Rothert, Mark (2000). “U.N. Intervention in East Timor.” Columbia Journal of Transnational Law, 39(1):257–282. This piece, by a Columbia University Law School student, examines the three resolutions passed by the U.N. Security Council between May and October 1999 authorizing an intervention in East Timor, and then discusses the intervention itself. In doing so, he examines the status of East Timor under international law, the principle of non-intervention, the issue of humanitarian intervention, the concept of self-determination, and the question as to whether U.S. intervention was justified—and whether the intervention set a precedent.
295.
Sarooshi, Danesh (2001). The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of its Chapter VII Powers. Oxford: Oxford University Press. 311 pp.
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Sarooshi, senior lecturer in public international law of University College, London, University of London, examines the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. In doing so, he presents a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace. The book is comprised of the following chapters: 1. “The General Legal Framework Governing the Process of a Delegation by the UN Security Council of its Chapter VII Powers”; 2. “The Delegation of Powers to the UN Security-General”; 3. “The Delegation of Powers to UN Subsidiary Organs”; 4. “The Legal Framework Governing the Delegation of Powers to UN Members States”; 5. “The Delegation of Powers to UN Member States”; and 6. “The Delegation of Powers to Regional Arrangements.” 296.
Sassòli, Marco (2001). “The Legal Qualification of the Conflicts in the Former Yugoslavia: Double Standards or New Horizons for International Humanitarian Law?”, pp. 307–333. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. In his introduction, Sassòli, Professor of Public International Law at the University of Quebec in Montreal, notes that This Article first attempts to recall the difference between international and non-international armed conflicts in and for International Humanitarian Law. It will then remind the reader of the recent stages of the tragic history of the Balkans, i.e., the different conflicts in the former Yugoslavia. It will finally analyze, in its main part, the different arguments relevant for the qualification of the conflicts, how they were used by the U.N. Security Council and the ICTY, whether such arguments reveal double standards, and whether they applied the existing law or opened new horizons for International Humanitarian Law. (p. 308)
297.
Schaack, Beth Van (1997). “The Crime of Political Genocide: Repairing the Genocide Convention’s Blind Spot.” The Yale Law Journal, 106(7): 2259–2291. In this Note, Schaack, argues that . . . the Genocide Convention is not the sole authority on the crime of genocide. Rather, a higher law exists: the prohibition of genocide represents the paradigmatic jus cogens norm, a customary and preemptory norm of international law from which no derogation is permitted. The jus cogens prohibition of genocide, as expressed in a variety of sources, is broader than the Convention’s prohibition as has been demonstrated with respect to the jurisdictional principle applied to acts of genocide. Notwithstanding that the framers of the Genocide
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Convention attempted to limit the prohibition of genocide by deliberately excluding political groups from Article II, the provision’s without legal force to the extent that it is inconsistent with the jus cogens prohibition of genocide. Therefore, when faced with mass killings evidencing the intent to eradicate political groups in whole or in part, domestic and international adjudicatory bodies should apply the jus cogens prohibition of genocide and invoke the Genocide Convention vis-a-vis signatories only insofar as it provides practical procedures for enforcement and ratification. In Part I of this Note, I detail and critique the political compromises that occurred during the drafting of the Genocide Convention. In Part II, I describe the atrocities perpetrated by the Khmer Rouge in Cambodia to demonstrate the short falls of the definition of genocide in the Genocide Convention. In Part III, I describe the scope of the jus cogens prohibition of genocide and I argue that treaty provisions such as Article II carry no legal weight when they conflict with a jus cogens norm as a higher form of law. (pp. 2261–2262).
This article is comprised of the following: I. The Origins of the Genocide Convention and Its Blind Spot; II. The Cambodian Experience; III. The Customary Jus Cogens Prohibition of Genocide is Broader Than the Provision of the Genocide Convention (A. Jus Cogens Norms Constrain the Substance of International Treaties; B. Customary Law Norms May Trump Contrary Treaty Provisions; C. The Application of Universal Jurisdiction Demonstrates that the Genocide Convention Establishes Only a Basic Minimum; D. The Jus Cogens Prohibition of Genocide Includes Political Groups; E. No Principle Exists to Exclude Political Groups from the Prohibition of Genocide); and IV. Conclusion. 298.
Schabas, William (1999). “Follow Up to Rome: Preparing for Entry Into Force of the International Criminal Court Statute.” Human Rights Law Journal, 29(4-6):157–166. In this Article, Schabas, professor in the Départment des Sciences Juridiques Université du Québec à Montreal, discusses the tasks that must be completed before the International Criminal Court (ICC) can be created. The Article is comprised of the following parts and sections: I. Tasks to Be Carried Out Before the Court Can Be Created (1. Signature, Ratification, Acceptance, Approval, and Accession; 2. Changes to National Legislation (a. Cooperation and Judicial Assistance; b. Complementary and Domestic Jurisdiction); 3. The Work of the Prepatory Commission (a. Rules of Procedure and Evidence; b. Defining Aggression; c. Elements of Crimes); and II. Outlook.
299.
Schabas, William (1999). The Genocide Convention at Fifty. Washington, D.C. United States Institute of Peace. 8 pp. This report—released in commemoration of the fiftieth anniversary of the adoption of the Convention for the Prevention and Punishment of the Crime
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of Genocide—includes a brief discussion of the development, adoption and ratification of the Genocide Convention; an analysis of that which constitutes genocide (including a section entitled “Is Ethnic Cleansing a Form of Genocide?”); a discussion of the criminal prosecution of genocide; and how prevention constitutes the Convention’s “greatest failure.” It concludes with a set of recommendations. As for the latter, Schabas writes, in part, that: Unlike other human rights treaties, there has been no “treaty body” or committee charged with ensuring the Genocide Convention’s implementation and helping to define its content. . . . A Committee on Genocide would be the logical forum to provide debate on and ultimately spell out the details of the obligation to prevent genocide. But even recommendations from such a treaty body would not bind states. What is really required is a formal recognition of the duty to intervene to prevent genocide. It could take a variety of forms, such as a resolution of the General Assembly or statements within the Security Council. (p. 7)
300.
Schabas, William A. (2000). Genocide in International Law: The Crime of Crimes. Cambridge (UK): Cambridge University Press. 624 pp. The focus of this book by Schabas, director of the Irish Centre for Human Rights and holder of the chair in Human Rights Law at the National University of Ireland, Galway, is a judicial interpretation of the UN Convention on Genocide. He notes that in writing the book he relied on the preparatory work surrounding the creation of the Convention, debates in the International Law Commission, political statements made by and issued in bodies such as the General Assembly of the United Nations, and the growing body of case law. Major attention is also given to the concept of protected groups, the quantitative dimension of genocide, the problem of criminal prosecution, and issues of international judicial cooperation such as extradition. Also explained is the duty to prosecute genocide and the consequences the latter may have on the emerging law of humanitarian intervention. The book is comprised of an introduction and eleven chapters: 1. “Origins of the Legal Prohibition of Genocide”; 2. “Drafting of the Convention and Subsequent Normative Developments”; 3. “Groups Protected by the Convention”; 4. “The Physical Element or actus reus of Genocide”; 5. “The Mental Element or mens rea of Genocide”; 6. “’Other Acts’ of Genocide”; 7. “Defenses to Genocide”; 8. “Prosecution of Genocide by International and Domestic Tribunals”; 9. “State Responsibility and the Role of the International Court of Justice”; 10. “Prevention of Genocide”; and 11. “Treaty Law Questions and the Convention.” The appendix is comprised of the three principal drafts of the Convention.
301.
Schabas, William (2005). “The International Legal Prohibition of Genocide Comes of Age,” pp. 169–183. In Samuel Totten (2005) Genocide at the
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Millennium: Genocide: A Critical Bibliographic Review. Volume 5. New Brunswick, NY: Transaction Publishers. In his introduction, Schabas notes that “By the early 1990s, judicial interpretation of crimes against humanity and war crimes had evolved dramatically, extending to cover internal armed conflicts and even, in the case of crimes against humanity, peacetime as well” (p. 170). He goes on to discuss the trials at the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the Former Yugoslavia (ICTY). In doing so, he discusses such critical issues as “groups protected,” the concepts of “in whole or in part” and “intent to destroy,” the issue of “state plan or policy,” “immunities,” and “universal jurisdiction.” It concludes with a short annotated bibliography of key works. 302.
Schabas, William A. (2004). An Introduction to the International Criminal Court. 2nd Edition. Cambridge (UK): Cambridge University Press. 494 pp. Schabas, professor of Law at National University of Ireland, Galway, reviews the history of international criminal prosecution, the drafting of the Rome Statute of the International Criminal Court and the principles of its operation, including the scope of its jurisdiction and the procedural regime. This revised edition considers the court’s start-up preparations, including election of judges and prosecutor. It also addresses the difficulties created by US opposition, and analyses the various measures taken by Washington to obstruct the Court. Three of the Court’s fundamental documents—the 1998 Rome Statute, the Rules of Procedure and Evidence, and the Elements of Crimes—are reproduced in the Appendix.
303.
Schabas, William A. (2001). “The Jelisic Cases and the Mens Rea of the Crime of Genocide.” Leiden Journal of International Law, 14(1):125– 139. The abstract to this Article reads as follows: The December 1999 judgment of the ICTY [International Criminal Tribunal for the Former Yugoslavia] in the Jelisic case is the first ruling on the merits from that court dealing with an indictment of genocide. The Trial Chamber concluded that the prosecutor had failed to prove that genocide was committed and that consequently the accused could not be convicted as an accomplice to the crime. It went on to examine whether despite the absence of genocide on any widespread or systematic basis it was still possible for an individual, driven by genocidal intent, to commit one of the underlying crimes such as killing or causing serious bodily or mental harm. The Trial Chamber considered this a plausible hypothesis but ruled that this did not correspond to the facts of the case. Since the Jelisic ruling, the Preparatory Commission of the International
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Criminal Court has attempted to eliminate the lone génocidaire scenario in the Elements of Crimes. While the law remains unsettled, awaiting clarification from the Appeals Chamber, a wise prosecutorial policy would be to reserve international genocide prosecutions for serious cases involving organized and widespread crimes. Exaggerated attention to individual and isolated cases is a questionable use of valuable resources and risks diluting some of the terrible stigma now attached to the “crime of crimes.” (p. 125)
This piece is comprised of the following parts: 1. Introduction; 2. Dolus Specialis, Special Intent, and Specific Intent; 3. Does Genocide Need a Plan?; and 4. Conclusion. 304.
Scharf, Michael P. (1998). “The Prosecutor v. Slavko Dokmanovic.” Leiden Journal of International Law, 11(2): 369–382. In his introduction, Scharf, professor of Law and director of the Center for International Law and Policy at the New England School of Law, states that This case Note examines the validity of the distinction the Trial Chamber drew in the Dokmanovic case between abductions and luring in the context of apprehending indicted war criminals in the territory of the Former Yugoslavia. In addition, it explores the right of NATO and the United Nations forces to exercise law enforcement powers in the territory of Bosnia and Herzegovina, the FRY, and Croatia, under the various Security Council resolutions and international agreements applicable to the territory of the former Yugoslavia. Finally, it analyses the questions of whether the ICTY should apply the mala captus bene detention principle with respect to individuals whose apprehension is found to be in violation of international law. (p. 374)
305.
Scharf, Michael, and Epps, Valerie (1996). “The International Trial of the Century? A ‘Cross-Fire’ Exchange on the First Case Before the Yugoslavia War Crimes Tribunal.” Cornell International Law Journal, 29(3):635– 663. Herein, two experts on international criminal law address the following questions: 1. “Was the creation of an international tribunal the best response to the atrocities in the former Yugoslavia?”; 2. “What is your appraisal of the Statute and Rules of the Tribunal?”; 3. “What is your appraisal of the Tribunal’s first decisions on the pre-trial motions in the Tadic case”?; and 4. “What is your appraisal of the Tribunal’s chances for success?”
306.
Scheffer, David J. (1998). “U.N. Engagement in Ethnic Conflict,” pp. 147–177. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. Scheffer, U.S. ambassador at large for war crimes issues, notes that
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This chapter examines how the United Nations engages in ethnic conflicts. . . . The law and practice of the United Nations in this area have evolved at an accelerating pace during the 1990s and in ways that would have astonished the framers of the Charter in 1945. They would not have anticipated that ethnic conflicts of largely internal character would necessitate U.N. engagement on so many fronts. But population growth, refugee flows, trade in conventional arms, the collapse of cold war discipline imposed by the superpowers, and the pursuit of power by local warlords for personal, nonideological gain have combined to create societies within which ethnic tensions—often already fueled by traditional interethnic bigotry—explode in ways that demand international attention. I have chosen to focus broadly on how the United Nations engages in ethnic conflicts, beginning in part I with the goals of U.N. engagement. These goals include containment of ethnic conflicts, support for self-determination, promotion of democracy, and institution building. The legal basis for the pursuit of these goals, particularly by the Security Council, is examined in Part II. Central to this analysis is the legal authority for peaceful measures (primarily under Chapter VI of the U.N. Charter), the legal authority for coercive measures (under Chapter VII or VIII of the Charter), and the legal authority for norm elaboration and quasi-judicial pronouncements (such as by the General Assembly or Economic and Social Council). Such legal authority has itself evolved in recent years to reveal the U.N. Charter as a living document that can be applied effectively, at least in theory and sometimes in practice, to contemporary challenges. Part II of this chapter examines the means by which the United Nations seeks to implement its policy goals. In particular, Part III discusses seven modes of engagement in ethnic conflicts: hortatory actions, diplomatic intervention, sanctions, military and humanitarian interventions, implementation of peace agreements, and international judicial intervention. In the conclusion, this chapter will discuss both the strengths and weaknesses of U.N. approaches to ethnic conflicts. (p. 147)
307.
Scheffer, David J. (1999). “U.S. Policy and the International Criminal Court.” Cornell International Law Journal, 32(3):529–534. This article includes the remarks of the ambassador at large for war crimes issues presented at the Cornell International Law Journal’s 1995 Symposium entitled “The International Criminal Court: Consensus and Debate on the International Adjudication of Genocide, Crimes Against Humanity, War Crimes and Aggression.” Scheffer first asserts that the United States has had a long and compelling interest in the establishment of a permanent international criminal court, and then delineates why the U.S.—“based on international law and the reality of our international system” (p. 529)—refused to support the final draft of the Rome Treaty in 1998.
308.
Schrijver, Nico (2000). “The Changing Nature of State Sovereignty,” pp. 65–98. In James Crawford and Vaughan Lowe (Eds.) The British Year Book of International Law. Oxford: The Clarendon Press.
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In his introduction, Schrijver, professor of International Law at the Free University Amsterdam and Institute of Social Studies at the Hague, states that The Peace of Westphalia of 1648 is often seen as marking the emergence of the idea of the sovereign state. Over 350 years later, various challenges are emerging to the role of natural sovereignty as the basic principle for organizing global society. Even the demise of the idea of the sovereign state is increasingly being heralded. This article investigates the validity of these challenges, first by reviewing the context and historical significance of the Peace of Westphalia and then by examining the evolution of the concept of sovereignty in international law [including challenges to national sovereignty]. (p. 66)
309.
Schüssler, Rudolf (2004). “Principles of non-UN Humanitarian Intervention,” pp. 233–250. In Georg Meggle (Ed.) Ethics of Humanitarian Intervention. Frankfurt: Ontos Verlag. In the abstract to his article, Schüssler observes and then reports that After the Kosovo war and at the possible outset of further NATO campaigns it is still controversial whether military interventions which lack UN-approval can be legitimate. With the Kosovo case in mind, it is often claimed that non-UN interventions are justified if they bring us closer to a just system of international law. For actual interventions, however, it is not easy to distinguish between progress towards a just system of international law and self-serving strategies of superpowers. Criteria for the legitimacy of non-UN interventions might enable us to distinguish between these possibilities more clearly. This paper suggests a set of three (necessary but not sufficient) criteria which all morally legitimate non-UN interventions should satisfy. The criteria concern (a) the implications of expert opinion about the lawfulness of an intervention, (b) the acceptance of independent international prosecution of war crimes regardless of the nationality of the perpetrators, and (c) attempts at the independent arbitration of crises that might evolve into intervention wars. NATO’s intervention in Kosovo fails on all three points and therefore has not been legitimate. (p. 15)
310.
Shany, Yuval (2003). The Competing Jurisdictions of International Courts and Tribunals. New York: Oxford University Press. 348 pp. This book is comprised of the following parts and chapters: Part I: Overlaps between the Jurisdictions of International Courts and Tribunals (1. “What Constitutes Competing Proceedings?”; 2. “Delineation of Jurisdictional Overlaps: Theory and Practice”); Part II: Legal and Policy Issues Concerning the Competition between the Jurisdictions of International Courts and Tribunals (3. “Jurisdictional Competition in View of the Systematic Nature of International Courts and Tribunals”; 4. “Jurisdiction-Regulating Norms Governing Competition Involving Domestic Courts: Should They be Introduced into International Law”); and Part III: The Law Governing
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Competition between the Jurisdictions of International Courts and Tribunals: lex lata and lex ferenda (5. “Competition-Regulating Norms Found in Instruments Governing the Jurisdiction of International Courts and Tribunals”; 6. “Jurisdiction-regulating Norms, Derived from Sources Other than Treaties, as Applied by International Courts and Tribunals”; and 7. “Possibilities for Future Improvement”). 311.
Shelton, Dinah (Ed.) (2000). International Crimes, Peace, and Human Rights. Ardsley, NY: Transnational Publishers. 370 pp. In this collection of essays, Shelton, professor of international law at Notre Dame Law School, brings together sixteen noted authorities in various fields to assess the value of the International Criminal Court (ICC). The book is comprised of four parts: Part I. “Precedents and Their Lessons”; Part II. “A Merger of International Criminal Law, Humanitarian Law, and Human Rights Law?”; Part III. “International Public Policy and the ICC: Accountability, Deterrence, and Redress”; and Part IV. “Problems of Jurisdiction and Effectiveness.” The authors present “a detailed analysis of the potential uses (and misuses) of the Rome Statute, its lacunae and shortcomings as well as its signal advances in jurisdiction and accountability.”
312.
Shestack, Jerome (1996). “A Review and Critique of the Statute of the International Tribunal,” pp. 197–210. In Yoram Dinstein and Mala Tabory (Eds.) War Crimes and International Law. The Hague: Martinus Nijhoff Publishers. In this essay, Shestack, who served on the American Bar Association’s Task Force on War Crimes in Former Yugoslavia, discusses the legal basis for the Tribunal (which was adopted by the United Nations Security Council on 25 May 1993, following a recommendation from the Secretary-General), and highlights portions of the statute in need of clarification and refinement. The essay is comprised of the following eleven sections: 1. Legal Basis for Establishing the Tribunal; II. The Definition of Humanitarian Law and the Statute’s Catalogue of Crimes; III. The Secretary-General’s Definition of the Tribunal’s Subject-Matter Jurisdiction; IV. Structure of the Tribunal; V. Rules of Procedure and Evidence; VI. Cross Examination and the Protection of Victims and Witnesses; VII. The Defense of Superior Orders; VIII. Double Jeopardy: Prosecutorial Appeals; IX. Treatment of the Accused Pending Trial; X. Equal Treatment Concerning Enforcement of Sentences; and XI. Impunity.
313.
Siekmann, Robert C. R. (1998). “The Fall of Srebrenica and the Attitude of Dutchbat from an International Legal Perspective,” pp. 301–312. In T.
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M. C. Asser Instiuut (Ed.) Yearbook of International Humanitarian Law. Volume 1. The Hague: T. M. C. Asser Press. In this piece, Siekmann, head of research of the T. M. C. Asser Institute for International Law in The Hague, notes at the outset that The question I wish to discuss here—and which seems to have been overly neglected, as if the Srebrenica tragedy took place in a legal vacuum—is how the behavior of Dutchbat may be qualified from a legal perspective. The first question concerns the relationship between the sending state, the Netherlands, and the U.N. peacekeeping force, UNPROFOR—that is, the responsibility of the Dutch government for the acts of Dutchbat in Srebrenica. The second question concerns whether Dutchbat acted in accordance with its mandate: Were the powers based on the mandate used or were the obligations arising from it met? In this, two phases may be distinguished: The attack on Srebrenica and the evacuation of its Muslim population. Both questions concern UN law on peacekeeping operations. The third and last question pertains to the witnessing of violations of international humanitarian law by Dutch UN soldiers during the evacuation of the Muslims: Does Dutchbat’s failure to intervene constitute a punishable act? (p. 302)
The piece is comprised of the following parts: I. Introduction; 2. UN Command and Involvement of the Netherlands; 3. Violation of the UN Mandate by Dutchbat? (3.1. The Bosnian Serb Attack on Srebrenica; 3.2. The Evacuation of the Muslims from Srebrenica); 4. Dutchbats as a Witness of War Crimes; and Conclusions. 314.
Skillen, Geoffrey J. (1999). “Enforcement of International Law,” pp. 206216. In Helen Durham and Timothy L.H. McCormack (Eds.) The Changing Face of Conflict and the Efficacy of International Law. The Hague: Martinus Nijhoff Publishers. Skillen, a legal officer in the human rights branch in the Australian department of the attorney-general’s office and a retired Air Commodore, argues that the enforcement of international law has been largely unsatisfactory, and that the international community needs to develop new means of enforcement of international humanitarian law that will promote international respect for and observance of it.
315.
Sliedregt, E. van (2003). The Criminal Responsibility of Individuals for Violations of International Humanitarian Law. New York: Cambridge. 462 pp. In this book, Elies van Sliedregt examines the concept of individual criminal responsibility for violations of international humanitarian law—including genocide, crimes against humanity, and war crimes—and provides the framework for such an assessment. It provides guidance to practitioners
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and scholars on how to understand and apply international criminal law concepts such as “common purpose,” “superior responsibility,” “duress” and the “defence of superior orders.” It does so by bringing to light the roots of those concepts, which are hidden not only in earlier phases of development of international criminal law, but also in the domestic laws of various states. 316.
Smith, Anne-Marie (2001). Advances in Understanding International Peacemaking. Washington, D.C.: United States Institute of Peace. 76 pp. In the foreword to this booklet, Judy Barsalov, director of the Grants Program for the United Institute of Peace, writes as follows: What is the role of law at the international level in addressing crimes committed by regimes now out of power? Do truth commissions enhance or undermine political stability? Are human rights universal or do they vary from culture to culture? Does the international community’s failure to stop genocide make its future occurrence more likely? Is ethnic conflict in decline in the post-Cold War era? Has the international community paid sufficient attention to lessons available from past peace-keeping missions? These are some of the fascinating questions addressed in Advances in Understanding International Peacekeeping by political scientist Anne-Marie Smith. Commissioned by the United States Institute of Peace, these essays reflect the complexity and evolution of the fields of international law, international security and comparative politics—as they deal with questions about the origins, transformation, mediation, and resolution of conflict. These essays also provide insight into, among other issues, the challenges of achieving justice and reconciliation in post conflict societies, the dynamics of negotiating peace settlements and the art of making them stick, [and] the problems associated with small arms proliferation and the privatization of security. . . . They also document the growing literature on transitional justice issues that have taken center stage in many post conflict societies that are attempting to make the transition from authoritarian to democratic rule. (p. 3)
This booklet is comprised of the following chapters: 1. “Transitional Justice: Regime Change and Truth Commissions”; 2. “International Law: Human Rights and Genocide”; 3. “Ethnic Conflict”; 4. “UN Peacekeeping: Lessons from the Past, Proposals for the Future”; 5. “Peace Settlements: Prenegotiation Dynamics and Postconflict Implementation”; 6. “Forces of Insecurity: Proliferation and Privatization”; 7. “Terror: Threats and Policy Responses”; and 8. “Peace Between People.” 317.
Sohn, Louis B. (1997). “From Nazi Germany and Japan to Yugoslavia and Rwanda: Similarities and Differences.” Connecticut Journal of International Law, 12(2):209–218. Sohn, Distinguished Research Professor and Director of Research and Studies, International Rule of Law Institute, George Washington University Law
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School, and Bemir Professor of International Law, Emeritus, Harvard Law School, addressees, in part, the following issues vis-à-vis various tribunals that had been held between 1945 and 1997: similarities of goals, key differences (especially in regard to the positions of those who ended up being tried), and the differences in available evidence. 318.
Stanton, Gregory H. (1987). “Kampuchean Genocide and the World Court.” Connecticut Journal of International Law, 2(2):341–359. Herein, Stanton, assistant professor of Law at Washington & Lee University and director of the Cambodian Genocide Project, discusses his attempt to bring the state of Democratic Kampuchea before the World Court for it its perpetration of genocide between 1975 and 1978. In doing so, he discusses the following: those who would bring the charges, whether the World Court has the jurisdiction to hear the case that would result if Democratic Kampuchea neither appeared in court nor answered the charges, and the possibilities that might result if a judgment were rendered in such a case.
319.
Stavropoulou, Maria (1998). “Bosnia and Herzegovina and the Right to Return in International Law,” pp. 123–140. In Michael O’Flaherty and Gregory Gisvold (Eds.) Post-War Protection of Human Rights in Bosnia and Herzegovina. The Hague: Martinus Nijhoff Publishers. This piece, by an individual who worked with the Protection Division of UNHCR, is comprised of the following parts and sections: I. The Right to Return to One’s Own Country (A. Human Rights Law, and B. International Humanitarian Law); II. The Right to Return to One’s Own Area of Origin (A. Human Rights Law, and B. International Humanitarian Law); III. Repatriation of Refugees and Internally Displaced Persons in Safety and Dignity (A. Repatriation of Refugees; B. The Return and Resettlement of Internally Displaced Persons; and C. Alternatives); IV. The General Framework Agreement for Peace in Bosnia and Herzegovina; V. Return to and Within; and VI. Concluding Remarks.
320.
Stimson, Henry L. (1947). “The Nuremberg Trial: Landmark in Law.” Foreign Affairs: An American Quarterly Review, 25(2):179–180. In his introduction, Stimson asserts that In the confusion and disquiet of the war’s [World War II] aftermath, there has been at least one great event from which we may properly take hope. The surviving leaders of the Nazi conspiracy against mankind have been indicted, tried, and judged in a proceeding whose magnitude and quality make it a landmark in the history of international law. The great undertaking at Nuremberg can live and grow in meaning, however, only if its principles are rightly understood and accepted. It is therefore disturbing to find that its work is criticized and even challenged as lawless by many who should know better.
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. . . The function of the law here, as everywhere, has been to insure fair judgment. By preventing abuse and minimizing error, proceedings under law give dignity and method to the ordinary conscience of mankind. For this purpose, the law demands three things: that the defendant be charged with a punishable crime; that he have full opportunity for defense; and that he be judged fairly on the evidence by a proper judicial authority. Should it fail to meet any one of these three requests, a trial would not be justice. Against these standards, therefore the judgment of Nuremberg must itself be judged. (pp. 179, 180)
The article is comprised of the following sections: 1. Punishable Crimes; II. Fair Trial; III. Fair Judgment; and IV. The Meaning of Nuremberg. 321.
Stromseth, Jane (Ed.) (2003). Accountability for Atrocities: National and International Responses. Ardsley, NY: Transnational Publishers. 350 pp. This authors of the essays in this book examine some of the many critical challenges the international community faces as it attempts to bring alleged perpetrators to trial for genocide, crimes against humanity, and war crimes. They focus in particular on the relationship between national and international accountability mechanisms in pursuing such a goal between 1993 and 2003. The essays provide an in-depth look at the goals and mechanisms of accountability in a variety of cases, including but not limited to the former Yugoslavia, Rwanda, Cambodia, Argentina, East Timor, and Indonesia. One chapter examines the International Criminal Court’s complementarity principle and its consequences.
322.
Taylor, Telford (1992). Anatomy of the Nuremberg Trials: A Personal Memoir. Little, Brown and Company. 703 pp. Written by the chief prosecutor at Nuremberg, this book presents the events as Taylor “heard, saw and otherwise sensed [them] at the time.” Among the twenty-one chapters are the following: 1. “Nuremberg and the Laws of War”; 2. “The Nuremberg Ideas”; 4. “Establishing the Court: The London Charter”; 5. “The Defendants and the Charges”; 11. “Individual Defendants, Future Trials and Criminal Organizations”; 18. “The Indicted Organizations”; 21. “Judgment: Law, Crime and Punishment”; and 21. “Epilogue and Assessment.”
323.
Tesón, Fernando (1997). Humanitarian Intervention: An Inquiry into Law and Morality. Irvington-on-Hudson, NY: Transnational Publishers, Inc. 378 pp. This book by Tesón, a professor of Law at the Arizona State University of Law, is comprised of the following parts and chapters: Part One: A Philosophical Defense of Humanitarian Intervention (1. “International Law, Humanitarian Intervention, and Moral Theory”; 2. “The Assumptions of
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the Interventionist Model”; 3. “The Hegelian Myth”; 4. “The International Legitimacy of Governments”; 5. “Utility, Rights and Humanitarian Intervention”; 6. “A Moral Framework for Humanitarian Intervention”); and Part Two: Humanitarian Intervention in International Law (7. “The Concept of Humanitarian Intervention in International Law”; 8. “Humanitarian Intervention: State Practice”; 9. “Collective Humanitarian Intervention” (which includes the following sections: I. Introduction, II. Collective Humanitarian Intervention: 1. General Principles; 2. The Cause of Iraq’s Treatment of the Kurds, 1991; 3. The Operation in Somalia, 1992–1993; 4. The Case of Haiti, 1994; 5. The Case of Rwanda, 1994; and 6. A Note on the Intervention into Bosnia, 1994). 324.
Tesón, Fernando (1998). A Philosophy of International Law. Boulder, CO: Westview Press. 196 pp. Tesón argues that with the development of new democratic states, now is the time to revise international law on a truly Kantian basis, which would alter the legal grounds for intervention—thus creating much more porous boundaries between domestic and internal affairs.
325.
Thakur, Ramesh, and Malcontent, Peter (Eds.) (2004). From Sovereign Impunity to International Accountability: The Search for Justice in a World of States. Washington, D.C.: Brookings Institution. 360 pp. This book includes the following chapters: “Foreword: The Role of Law and Justice in Governance: Regional and Global”; “Preface: Justice and Accountability: Local or International?”; “Introduction: Human Rights and Peace: Two Sides of the Same Coin”; “From Impunity to Accountability: Forces of Transformation and the Changing International Human Rights Context”; “From the Nuremberg Charter to the Rome Statute: A Historical Analysis of the Limits of International Criminal Accountability”; International Criminal Justice and the United States: Law, Culture, Power”; “Violations of Human Rights and Humanitarian Law and Threats to International Peace and Security”; “The Individual within International Law”; “Genderrelated Crimes: A Feminist Perspective”; “International Criminal Courts and the Admissibility of Evidence”; “Balancing the Rights of the Accused with the Imperatives of Accountability”; “We the People: The Position of NGOs in Gathering Evidence and Giving Witness at International Criminal Trials”; “Democracy, Global Governance and the International Criminal Court”; “Reconciling Fractured Societies: An African Perspective on the Role of Judicial Prosecutions”; “The Complexity of International Criminal Law: Looking Beyond Individual Responsibility to the Responsibility of Organizations, Corporations and States”; “The International Criminal Court: Obstacle or Contribution to an Effective System of Human Rights
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Protection?”; and “Dealing with Guilt Beyond Crime: The Strained Quality of Universal Justice.” Among the many notable contributors are: George J. Andreopoulos, Christine Chinkin, William A. Schabas, Helen Durham, Geoffrey Robertson, and Ramesh Thakur. 326.
The T. M. C. Asser Instituut (1998). Yearbook of International Humanitarian Law. Volume I. The Hague: T.M.C. Asser Press. 696 pp. The articles and notes germane to international law, genocide, and the United Nations in this pioneering volume are: “International Humanitarian Law and United Nations Military Operations” by Christopher Greenwood; “Implementing Legislation for the Application of the Law on the International Criminal Tribunal for the Former Yugoslavia and Criteria for Its Evaluation” by Ivo Josipovic; “Interface, Correspondence and Convergence of Human Rights and International Law” by Raúl Emilo Vinuesa; “The Year in Review” by Avril McDonald; “The End of a Culture of Impunity in Rwanda? Prosecution of Genocide and War Crimes Before Rwandan Courts and the International Criminal Tribunal for Rwanda” by Catherine Cissé; “The Pragmatics of Prosecuting the Khmer Rouge” by Balakrishnan Rajagopal; “The Freeing of Ntakirutimana in the United States and Extradition to the International Criminal Tribunal for Rwanda” by Jordan J. Paust; “Duress as a Defense to War Crimes After Erdemovic: Laboratory for a Permanent Court?” by Peter Rowe; “A Note on the Judgment of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia on the Issuance of Supoenae Duces Tesum in the Blaskic Case” by Peter Malanczuk; and “The Fall of Srebrenica and the Attitude of Dutchbat from an International Legal Perspective” by Robert C. R. Siekmann.
327.
Trachtenberg, Marc (1993). “Intervention in Historical Perspective,” pp. 15–36. In Laura W. Reed and Carl Kaysen (Eds.) Emerging Norms of Justified Intervention: A Collection of Essays from a Project of the American Academy of Arts and Sciences. Cambridge, MA: American Academy of Arts and Sciences. This article provide a succinct but informative overview of the concept and practice of intervention and the controversies that have surrounded it over the past two centuries.
328.
Triggs, Gillian (1999). “National Prosecutions of War Crimes and the Rule of Law,” pp. 175–191. In Helen Durham and Timothy L. H. McCormack (Eds.) The Changing Face of Conflict and the Efficacy of International Law. The Hague: Martinus Nijhoff Publishers.
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As Triggs, professor of Law at the University of Melbourne in Australia, states, the “tale” she tells is a dismal one in that many national war crimes trials have been abysmal failures. The primary purpose of the essay is to examine the main criticism of national war crimes trials, among them being the following: “that they often are perceived as merely the victor’s justice; they are partial, biased and selective; they are lacking in legal precision; they are retroactive in their criminal laws; and they are procedurally unfair, resulting from unjustified delay, difficulties in witness testimony, and the gathering of evidence” (p. 177). 329.
Triffterer, Otto (2001). “Genocide, Its Particular Intent to Destroy in Whole or in Part the Group as Such.” Leiden Journal of International Law, 14(2):399–408. The abstract to this article by Triffterer, professor of Law at the University of Salzburg, reads as follows: All crimes of genocide have a common structure. There must be an actus reus, a corresponding mens rea and, in addition, a second subjective element, the “intent to destroy in whole or in part, a . . . group as such.” This so-called “genocidal intent” is characterized by the fact that responsibility for completed genocide does not depend on the result the perpetrator intended to achieve. The threshold of this intent is not higher than mens rea described in Article 30 of the Rome Statute; in particular, no special quality of the volitive side of this intent is required. Dolus eventualis, therefore, is sufficient to commit the actus reus and to have, in addition, the particular “intent to destroy. . . .” An inherent, additional and independent, contextual criterion, as proposed in The Draft Elements of Crimes, is neither admissible nor advisable to limit the punishability of genocide or the jurisdiction of the Court for such crimes. (p. 399)
330.
United Nations (1999). Rome Statute of the International Criminal Court. New York: Author. 51 pp. Available at http://www.un.org/law/icc/statute/99. This document consists of the following: “The Preamble to the Rome Statute”; Part 1. “Establishment of the Court”; Part 2. “Jurisdiction, Admissibility and Applicable Law”; Part 3. “General Principles of Criminal Law”; Part 4. “Composition and Administration of the Court”; Part 5. “Investigation and Prosecution”; Part 6. “The Trial”; Part 7. “Penalties”; Part 8. “Appeal and Revision”; Part 9. “International Cooperation and Judicial Assistance”; Part 10. “Enforcement”; Part 11. “Assembly of State Parties”; Part 12. “Financing”; and Part 13. “Final Clauses.” The Statute is comprised of 128 Articles. Among some of the many topics/ issues addressed in the various articles are the following: Crimes Within the
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Jurisdiction of the Court (Article 5); Genocide (Article 6); Crimes Against Humanity (Article 6); War Crimes (Article 8); Elements of Crimes (Article 9); Jurisdiction Ratione Temporis (Article 11); Preconditions to the Exercise of Jurisdiction (Article 12); Exercise of Jurisdiction (Article 13); Referral of a Situation by a State Party (Article 14); Issues of Admissibility (Article 17); Applicable Law (Article 21); Individual Criminal Responsibility (Article 25); Responsibility of Commanders and Other Superiors (Article 28); Superior Orders and Prescription of Law (Article 33); Independence of the Judges (Article 40); Rules of Procedure and Evidence (Article 51); Initiation of an Investigation (Article 53); Rights of Persons During an Investigation (Article 55); Issuance by the Pre-Trial Chamber of a Warrant of Arrest or a Summons to Appear (Article 58); Place of Trial (Article 62); Protection of the Victims and Witnesses and Their Participation in the Proceedings (Article 68); Requirements for the Decision (Article 74); Applicable Penalties (Article 77); Determination of the Sentence (Article 78); Appeal Against Decision of Acquittal or Conviction or Against Sentence (Article 81); Competing Requests (Article 90); Provisional Arrest (Article 92); Roles of States in Enforcement of Sentences of Imprisonment (Article 103); Funds of the Court and of the Assembly of States Parties (Article 115); Review of the Statute (Article 123); Signature, Ratification, Acceptance, Approval or Accession (Article 125); Entry into Force (Article 126); and Withdrawal (Article 127). 331.
United Nations (1993). “United Nations: Security Council Resolution on Establishing an International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Law (sic) Humanitarian Law Committed in the Territory of the Former Yugoslavia.” International Legal Materials, 32:1203–1205. This is the text of the UN Security Resolution to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY). In part, it reads: Expressing once again its grave alarm of continuing reports of widespread and flagrant violations of international humanitarian law occurring within the territory of the former Yugoslavia, and especially in the Republic of Bosnia and Herzegovina, including reports of mass killings, massive, organized and systematic detention and rape of women, and the continuance of the practice of “ethnic cleansing,” . . . acting under Chapter VII of the Charter of the United Nations, [the U.N. Security Council] . . . decides hereby to establish an international tribunal for the sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia between 1 January 1991 and a date to be determined by the Security Council . . . ” (p. 1204)
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United Nations International Law Commission (1994). “Report of the Working Group on a Draft Statute for an International Criminal Court.” International Legal Materials, 33:253–296. This report is comprised of the following sections and major parts: A. Report of the Working Group on a Draft Statute for an International Criminal Court; B. Draft Statute for an International Criminal Tribunal and Commentaries Thereto; (Part I. Establishment and Composition of the Tribunal; Part 2. Jurisdiction and Applicable Law; Part 3. Investigation and Commencement of Prosecution; Part 4. The Trial; Part 5. Appeal and Review); C. International Cooperation and Judicial Assistance; and D. Enforcement of Sentences.
333.
United Nations Security Council (1993). “The Establishment of the International Tribunal to Prosecute Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991.” Human Rights Law Journal, 14(1–2): 197–214. This document includes the wording of Resolution 808, Resolution 827, the Report of the Secretary-General Pursuant to Paragraph 2 of the Security Council Resolution 808, and a copy of the Statute of the International Criminal Tribunal for the former Yugoslavia.
334.
United Nations Security Council (1995). “Resolution 955/Establishment of the International Criminal Tribunal for Rwanda.” Human Rights Law Journal, 16(1–3):124–128. This document includes the wording of Resolution 955 (1994) on Rwanda and the Statute of the International Criminal Tribunal for Rwanda.
335.
van der Vyver, Johan D. (1999). “Prosecution and Punishment of the Crime of Genocide.” Fordham International Law Journal, 23(2): 286–356. van der Vyver, I.T. Cohen Professor of International Law and Human Rights at Emory University, notes in his introduction that Part I of this Article scrutinizes the current definition of genocide in view of its theoretical circumscription in the Genocide Convention and with special reference to the judgment of the International Criminal Tribunal for Rwanda in Prosecutor v. Akayesu. Part II considers the validity and the application of universal jurisdiction to the crime of genocide, and the consequent duty of states to bring perpetrators of genocide to justice. Part III focuses on the jurisdiction ratione materia of the ICC regarding the crime of genocide. Part IV will pay special attention to the prosecution of genocide in the United States. (p. 288)
This Article is comprised of the following sections and subsections: Introduction; I. The Concept of Genocide (A. Perpetrators of Genocide—1.
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Criminal Liability of National Persons; 2. Criminal Liability of States; 3. Criminal Liability of Juristic Persons Other Than the State; B. Actus Reus—1. Killing Members of the Victim Group; 2. Causing Serious Bodily or Mental Harm to Members of the Victim Group; 3. Inflicting on the Victim Group Conditions of Life to Bring About Its Physical Destruction in Whole or in Part; 4. Imposing Measures Intended to Prevent Births Within the Victim Group; 5. Forcibly Transferring Children of the Victim Group to Another Group; C. The Victims of Genocide—1. National, Ethnic, Racial and Religious Groups; 2. Genocide with Respect to Groups Not Expressly Mentioned in the ICC Statute; D. Mens Rea; E. Complicity in Genocide; F. Nullum Crimen Sine Lege); II. Universal Jurisdiction (A. Historical Perspective; B. Endorsement of Universal Jurisdiction by National Courts; C. Endorsement of Universal Jurisdiction by International Tribunals); III. Prosecution of Genocide in the International Criminal Court (A. Preconditions to the Exercise of Jurisdiction by the ICC; B. The Principle of Complementarity; C. Considerations of State Sovereignty; D. Safeguards Against Frivolous Prosecutions); IV. The Prosecution of Genocide in the United States; and Conclusion. 336.
von Hebel, Herman A. M.; Lammers, Johan G.; and Schukking, Jolien (Eds.) (1999). Reflections on the International Criminal Court: Essays in Honour of Adriaan Bos. The Hague: T. M. C. Asser Press. 230 pp. In January 1999, a seminar was held in the Netherlands’ Ministry of Foreign Affairs for the express purpose of analyzing the position of the International Criminal Court (ICC) within the international arena, exploring its relationship to the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia, and the UN Security Council. A number of contributions by participants at the seminar are contained in this volume, as well as other essays discussing various aspects of the Rome Statute and/or the process by which the Statute was created.
337.
Warbrick, Colin; Salgado, Elena Martin; and Goodwin, Nicholas (1999). “The Pinochet Cases in the United Kingdom,” pp. 91–117. In T. M. C. Asser Instituut (Ed.) Yearbook of International Humanitarian Law. Volume 2, 1999. The Hague: T. M. C. Asser Press. The authors examine the case of Augusto Pinochet and, more specifically, the international arrest warrant issued in Spain and acted upon in England for actions committed during his dictatorship of Chile between 1974 and 1990. The chapter is comprised of the following sections: Introduction; The First Pinochet Judgment in the House of Lords (The Majority Decision, and Lord Slynn’s Dissenting Judgment); The Second Pinochet Judgment in
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the House of Lords; The Third Pinochet Judgment in the House of Lords (Extradition Crimes and Double Criminality; and The Immunity Question); and Conclusion. 338.
Wedgwood, Ruth (1998). “Limiting the Use of Force in Civil Disputes,” pp. 242–255. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. In her conclusion, Wedgwood, professor of Law at Yale Law School, argues that The use of force in situations of ethnic rivalry is especially troublesome if we feel any scruple about racial animus. Jus sanguinis as a test of citizenship, gathering in the flock based on blood rather than place of birth, has a link more easily seen by Americans than Europeans to the instrument of ethnic cleansing. Bloody Kansas was the natural concomitant of Stephen Douglas’s popular sovereignty: where crucial decisions on territorial slavery were to be taken by the population actually present, where the ground was fought over. So ethnic cleansing is the natural concomitant of ethnic civil war. Terror creates facts on the ground, the association of land and people, that tends to shape the eventual partition. In a sense all wars are genocidal in spirit; to muster fighting spirit each government tends to harness the crudest racial sentiment, designating the enemy by names one hesitates to repeat on paper. But in a situation of intimate neighborhoods, where the parties will continue living side by side, even if under separate sovereigns, the devil’s special brew mixing violence and racialism is all the more dangerous to future stability. Whatever one’s view on civil conflicts in general, an international norm against use of force in questions of ethnic secession makes good sense. (p. 255)
339.
Weis, Paul (1994). The Refugees Convention, 1951: The Travaux Preparatoires Analyzed with a Commentary by Dr. Paul Weis. New York: Cambridge University Press. 383 pp. Weis, both a commentator on the travaux preparatoires and a former refugee, provides an authoritative commentary on Articles 2–37, in which the rights of refugees were enshrined in 1951.
340.
Weller, Marc (2001). “The Kosovo Indictment of the International Criminal Tribunal for Yugoslavia,” pp. 207–222. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimension. London: Frank Cass Publishers. Weller, assistant director of studies at the Centre of International Studies at the University of Cambridge, discusses how, on 24 May 1999, the International Criminal Tribunal for the former Yugoslavia (ICTY) made history. In part, he argues that the establishment of the Tribunal “added a remarkable piece to the puzzle of an emerging international constitutional order. The decision to establish the Tribunal in the first place had already
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significantly challenged three structural principles of the classical international legal order: • The decision privileged international community interest over the sovereign “rights” of the state actors involved in the conflict; • The decision created a supranational institution with objective powers without state consent; and • The decision established a supranational institution with truly independent decision-making authority, ensuring to an extent the primacy of law over considerations of policy (p. 207). The sections of the essay are entitled as follows: The International Tribunal and the Kosovo Indictment (The Establishment of the Indictment, Substance of the Indictment, Consideration of Process, The Strategic Impact of the Indictment, Community Interest vs. Sovereign Rights Consent); Genuine Supranational Powers: The Primacy of Law Over Politics; and Conclusion—The Action of the Tribunal in the Context of the Wider Development of International Criminal Jurisdiction. 341.
Weller, Marc (2002). “Undoing the Global Constitution: UN Security Council Action on the International Criminal Court.” International Affairs, October, 78(4):693–712. In this article, the author examines how the adoption of the Rome Statute of the International Criminal Court (ICC) reflects an advanced universal legal order, administered through a process of multilayered international governance. In doing so, he discusses the doctrine of the universality of international criminal jurisdiction, the process of universal law-making, and international institution building. The author places these concepts, and the ICC itself, into the context of the emerging international constitutional order. The author also discusses the U.S. government’s campaign in the UN Security Council to exempt U.S. military personnel and others from the jurisdiction of the ICC. He argues that the latter situation represents a significant factor in the possible development of two parallel international legal systems: one of universal application, and a special set of rules and exemptions that should only apply to the one remaining superpower.
342.
Wexler, Lelia Sadat (1996). “The Proposed International Criminal Court: An Appraisal.” Cornell International Law Journal, 29(3):665–726. Wexler, professor of Law at Washington University in St. Louis and chair of the International Law Association (American Branch) Committee on a Permanent International Criminal Court, argues that the case for a permanent international criminal court is a compelling one. In her essay, she addresses the following: History (A. Efforts to Establish a Permanent International Criminal Court Prior to the Second World War; B.
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The Nuremberg Legacy; C. United Nations’ Efforts to Establish an International Criminal Court Following the Second World War); An Analysis of the 1994 ILC [International Law Commission] Pratt Statute for an International Criminal Court (A. General Features; B. Jurisdiction Rationae Materiae; C. Organs of the Court; D. Jurisdiction of the Court and the Initiation of Prosecution (1. Genocide; 2. Aggression; 3. Other Crimes); E. Investigation, Prosecution, and Trial; F. Judgment, Appeal, Revision; G. International Cooperation and Judicial Assistance); An Assessment of the Proposed Text (A. Why an International Criminal Court Should Be Established (1. State Sovereignty; 2. Effectiveness and Deterrence; 3. Complexity. 4. Counterproductiveness; 5. Absence of International Criminal Law); B. Particular Problems with the 1994 Draft Statute (1. Compensation and Tenure of the Judiciary; 2. The Semi-Permanent Nature of the Court; 3. The Role of the Court in Developing and Clarifying International Criminal Law; 4. State Consent to Jurisdiction; 5. The Relationship of the Court to the United Nations; 6. Jurisdiction Rationae Materiae)); and Conclusion. 343.
Wheatley, Steven (1999). “The NATO Action Against the Federal Republic of Yugoslavia: Humanitarian Intervention in the Post-Cold War Era.” Northern Ireland Legal Quarterly, 59(4):478–514. In this article, Wheatley, faculty of Law at the University of the West of England, examines the legality of the NATO intervention in Kosovo. In doing so, he discusses the following: the background to the humanitarian tragedy, the application of provisions on collective security under the Charter of the United Nations, and the extent to which the international community recognizes a right of intervention by military force to prevent massive human rights violations. The article is comprised of the following sections: Introduction; The Background to a Tragedy; The Use of Force to Prevent Humanitarian Suffering; The Security Council and Intervention to Prevent Humanitarian Suffering; Collective Intervention Under the Charter of the United Nations; Case Concerning Legality of Use of Force; The Legality of the NATO Intervention; Humanitarian Intervention; Intervention to Prevent a Humanitarian Catastrophe; The Debates in the Security Council; The Practices of States; The ECOMOG Intervention in Liberia (1990–1991); The Allied Intervention in Iraq (1991–1922); The Criteria for Intervention on Humanitarian Grounds; Humanitarian Intervention and Self-Determination; The NATO Intervention in the Federal Republic of Yugoslavia: A Just War?; and Conclusion: The Legality of the NATO Intervention.
344.
Wippman, David (1999). “Atrocities, Deterrence, and the Limits of International Justice.” Fordham International Law Journal, 23(2):473–488.
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In his introduction, Wippman, professor of Law at the Cornell Law School, asserts that “Unfortunately, the connection between international prosecutions and the actual deterrence of future atrocities is at best a plausible but largely untested assumption” (p. 474). The essay is comprised of the following sections: I. The Problems of Specific Deterrence; II. Enhancing Specific Deterrence Through Increased Prosecutions; and III. Prosecutions as a Contribution to General Deterrence. 345.
Wippman, David (Ed.) (1998). International Law and Ethnic Conflict. Ithaca, New York: Cornell Universe Press. 354 pp. In this volume, the contributors analyze the different roles international law and international institutions play in addressing ethnic conflicts. In doing so, various authors discuss general philosophical, historical, and cultural issues that come to the fore when attempts are made to apply international law to ethnic conflicts. In addition, they examine the institutional and policy responses of international organizations and states vis-à-vis their efforts to address ethnic conflict, and analyze the efficacy/success of various interventions. The volume is divided into two parts and twelve chapters. Part I, “EthnoNationalism and Legal Theory” is comprised of the following five chapters: 1. “The International Law of Nationalism: Group Identity and Legal Theory” by Nathaniel Berman; 2. “The Institutional and Instrumental Value of Nationalism” by Lea Brilmayer; 3. “Ethnicity, Human Rights, and SelfDetermination” by Fernandó R. Tesón; 4. “Ethnic Conflict and Territorial Claims: Where Do We Draw the Line?” by Steven R. Ratner; and 5. “Pushing the Limits of the Liberal Peace: Ethnic Conflict and the ‘Ideal Polity’” by Anne-Marie Slaughter. Part II. “Institutional and Policy Responses to Ethnic Conflict” is compromised of the following seven chapters: 6. “UN Engagement in Ethnic Conflicts” by David J. Scheffer; 7. “Mobilizing International and Regional Organizations for Managing Ethnic Conflict” by Antonia Handler Chayes and Abram Chayes; 8. “Practical and Legal Constraints on Internal Power Sharing” by David Wippman; 9. “Limiting the Use of Force in Civil Disputes” by Ruth Wedgwood; 10. “Genocide and Ethnic Conflict” by Lori Fisler Damrosch; 11. “Temporary Protection of a Persecuted People” by Michael Platzer; and 12. “Citizenship and National Identity” by Diane F. Orentlicher. The book also includes a lengthy introduction (“Introduction: Ethnic Claims and International Law” by David Wippman), and a conclusion (“Conclusion: What do International Lawyers Do When They Talk About Ethnic Violence and Why Does It Matter?” by Tom Farer).
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Wippman, David (1998). “Practical and Legal Constraints on Internal Power Sharing,” pp. 211–241. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. In his introduction, Wippman, professor of Law at Cornell Law School, notes that Part I discusses consociationalism (techniques of political engineering designed to establish government by ethnic consensus) and related forms of political engineering, and their potential application to ethnic conflict, with particular attention to their relevance for proposed solutions to contemporary conflicts. Part II considers the relationship between consociational solutions to ethnic conflict and self-determination. Part III explores the extent to which consociational systems may be considered compatible with international human rights norms. (p. 213)
One of the many conflicts discussed herein is the dissolution of the former Yugoslavia in the 1990s and the various conflicts that erupted in the aftermath of the dissolution. 347.
Woetzel, Robert K. (1962).The Nuremberg Trials in International Law with a Postlude on the Eichmann Case. New York: Frederick A. Praeger, Inc. 317 pp. This book is comprised of the following ten chapters: 1. “The Trial of the Major Criminals”; 2. “Historical Percusors of the Nuremberg Trial”; 3. “The Legal Character of the IMT [International Military Tribunal]”; 4. “The Legal Basis of the IMT”; 5. “The Criminal Responsibility of the Individual Under International Law”; 6. “Crimes Against Peace”; 7. “War Crimes Against Humanity”; 8. “Criminal Organizations”; 9. “The Nuremberg Trial and Subsequent Developments in International Law”; and 10. “Postlude on the Eichmann Case.” It also includes an appendix entitled “Charter of the International Military Tribunal at Nuremberg.”
348.
Wolfrum, Rüdiger (1996). “The Decentralized Prosecution of International Offences Through National Courts,” pp. 233–249. In Yoram Dinstein and Mala Tabory (Eds.) War Crimes in International Law. The Hague: Martinus Nijhoff Publishers. This essay, written by a professor of Law and the director of the Max-Planck Institute for Comparative Public Law and International law, is comprised of the following sections: I. National Criminal Law Jurisdiction and Its International Law Limitations; II. The Prosecution of War Crimes Before National Courts; and III. International Restrictions to National Criminal Law and Criminal Procedure.
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349.
Wright, Quincy (1952). “Proposal for an International Criminal Court.” American Journal of International Law, 46:60–72. In his introduction, Wright, professor of Law at the University of Chicago, notes that The Committee on International Criminal Jurisdiction appointed by the General Assembly of the United Nations met in Geneva in August 1951. Its report, accompanied by a Draft Statute for an International Criminal Court, has been submitted to the governments of Member States for comment before June 1, 1952. The draft Statute and the comments thereon by governments will be reconsidered by the Seventh Assembly in 1952. (p. 60)
Among the issues Wright discusses are the following (all of which were posed as questions concerning the content of the report and draft): (1) the purpose of the international criminal court; (2) the appropriate procedures for establishing the court; (3) the proper scope of its jurisdiction; and (4) the law which it will apply. 350.
Zahar, Alexander, and Rohol, Susan (2005). “The United Nations International Criminal Tribunal for Rwanda (ICTR),” pp. 209–239. In Samuel Totten (Ed.) Genocide at the Millennium—Genocide: A Critical Bibliographic Review. Volume 5. New Brunswick, NJ: Transaction Publishers. 302 pp. This chapter delineates the main aspects of the jurisprudence of the ICTR and includes an annotated list of key works germane to the development and implementation/cases of the ICTR.
351.
Zanetti, Véronique (2004). “Humanitarian Intervention: An Individual or a State Right?” pp. 263–278. In Georg Meggle (Ed.) Ethics of Humanitarian Interventions. Frankfurt: Ontos Verlag. In the abstract to her essay, Zanetti notes the following: International law treats the right to humanitarian intervention as a right belonging to the state or the community of states. It falls upon them to decide, unilaterally or multilaterally, if a case in which human rights are violated is severe enough to necessitate or justify intervention. At the same time, customary law shows a clear tendency to conceive the right to humanitarian intervention as an individual right. The right is then on the side of the victims and not on the side of the intervening powers, and hence constitutes a claim that individuals have on the international community when their basic rights are violated by the authority responsible for protecting them. I argue that this last interpretation is alone convincing according to the contractualist theory of rights, and then examine the implications this theory has for obligations of the state. (p. 16).
352.
Zwanenburg, Marten (1999). “Double Standards in Peacekeeping? Subcontracting and International Humanitarian Law.” Leiden Journal of International Law, 12(4):753–757.
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Zwanenburg, an editor of the Leiden Journal of International Law, discusses the issue as to how the United Nations, in the 1990s, increasingly “subcontracted” peacekeeping and peace enforcement operations to private security firms and others in such places as Somalia, Rwanda, and East Timor. Zwanenburg’s main concern is with “the limited attention paid to [the violations of international humanitarian law by such ‘subcontractors’] in contrast to the increased concern with respect for international humanitarian law by forces under UN command and control” (p. 753). Ultimately, he argues that “the U.N. should ensure that “’subcontracting’ does not lead to the lowering of standards of international humanitarian law” (p. 753).
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353.
Abiew, Francis Kofi (1999). The Evolution of the Doctrine and Practice of Humanitarian Intervention. The Hague: Kluwer Law International. 325 pp. Abiew, lecturer in the Department of Political Science at the University of Alberta in Edmonton, Canada, defends the emergence of a right of humanitarian intervention, and argues that state sovereignty is not incompatible with the latter. Following a review of historical precedents, Abiew concludes by assessing contemporary developments in terms of sources and support for intervention on humanitarian grounds. The book is comprised of four chapters, plus an introduction and conclusion. The four chapters and various issues addressed under each are as follows: 1. “The Traditional Doctrine and Practice of Humanitarian Intervention” (Historical Evolution of State Sovereignty and the Doctrine and Practice of Humanitarian Intervention: a. State Sovereignty, b. Humanitarian Intervention, and c. State Practice in the Nineteenth and Early Twentieth Century); 2. “The Right of Humanitarian Intervention in the Post-Charter Era (1945–1989)” (Evolving Norms: a. Principles of State Sovereignty and Non-Intervention, b. The Internationalization of Human Rights; c. The UN Charter’s Effect on Humanitarian Intervention; d. Case Studies of State Practice from 1945–1989—The East Pakistan (Bangladesh) Intervention of 1971; The Tanzanian Intervention in Uganda of 1979 and Vietnam’s Intervention in Cambodia (Kampuchea, 1978); 3. “The Practice of Humanitarian Intervention in the Post Cold War Era” (Northern Iraq, Somalia, The 211
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Former Yugoslavia, Rwanda); and 4. “Assessing Humanitarianism in the Post Cold War Period: Sources of Consensus.” 354.
Abrams, Elliot (2000). “To Fight the Good Fight.” The National Interest. Spring, 59 70–77. Abrams, who served as U.S. assistant secretary of state for International Organization Affairs, Human Rights and Humanitarian Affairs, and InterAmerican Affairs, raises a host of issues vis-à-vis the use of humanitarian intervention. Among the “practical problems” he raises are: “How hard do you fight, how much do you risk, how many do you kill when direct national interests are quite limited?” (p. 72) Continuing his argument, he asserts that [Humanitarian intervention] is a practice in search of a theory. . . . One can imagine broader and broader categories of human rights violations being brought under international oversight, providing justifications not only for court actions against individual abusers, but for some forms of intervention as well. Why only genocide? Why large-scale atrocities and not smaller scale ones? Why not mass murder, political murder, or violent repression? Who has the right to decide that a human rights crime is being committed, or that it rises to the level offense covered in some treaty or convention? Who has the right to organize an intervention force? (p. 73)
Towards the end of the essay, Abrams argues that “even the efforts to establish rules and limits for intervention will erode traditional views of sovereignty” (p. 75). In conclusion, he asserts that the debate over humanitarian intervention will continue, but that it is a needed debate as the world enters the twentyfirst century. 355.
Alker, Hayward R. (1994). “Early Warning Models and/or Preventive Information Systems.” Special issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):117–123. In this piece, Alker, a professor of Political Science at the Massachusetts Institute of Technology, argues in part that “ . . . if we are to learn what increases effective early warning responses, we must systematically gather and tabulate data on the actions and (proposed but not undertaken) inaction of possible respondents to such warnings, in order to learn what makes, or might make, for more efficacious responses. And the ways in which ‘exclusive sovereignty/domestic jurisdiction’ claims (fail) to inhibit effective intervention need equal attention” (p. 120).
356.
Annan, Kofi A. (1999). The Question of Intervention: Statements by the Secretary General. New York: United Nations. 58 pp.
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This booklet is comprised of five speeches made by U. N. Secretary General Kofi Annan on the issue of intervention for the purpose of stanching massive and systematic violations of human rights. The titles of the talks are: “Reflection on Intervention”; “Standing Up for Human Rights”; “Unifying the Security Council in Defense of Human Rights”; “Two Concepts of Sovereignty”; and “Development is the Best Form of Conflict Prevention.” 357.
Annan, Kofi A. (1999). “Two Concepts of Sovereignty,” pp. 37–44. In Kofi A. Annan’s The Question of Intervention: Statements by the Secretary General. New York: United Nations. Herein, U.N. Secretary General Kofi Annan argues that State sovereignty, in its most basic sense, is being redefined by the forces of globalization and international cooperation. The State is now widely understood to be the servant of its people, and not vice versa. At the same time, individual sovereignty—and by this I mean the human rights and fundamental freedoms of each and every individual as enshrined in our Charter—has been enhanced by a renewed consciousness of the right of every individual to control his or her own destiny (p. 37).
358.
Ayoob, Mohammed (2002). “Humanitarian Intervention and State Sovereignty.” The International Journal of Human Rights, Spring 6(1):81–102. The author discusses the ongoing tension between those who favor humanitarian intervention in the case of flagrant and serious human rights violations (including genocide) and those who are more tentative to act due to the belief that the best way to maintain international order is by honoring sovereign authority. Among the many issues the author addresses vis-à-vis the latter are: sovereignty as authority, human rights and sovereignty, the new interventionism, sovereignty as responsibility, humanitarian concerns and national interests, humanitarian interventions and double standards, determining international will, circumventing the UN Security Council, state making and violence, need for a new mechanism, complex political emergencies, and order versus justice.
359.
Badie, Bertrand and Eberwein, Wolf Dieter (Eds.) (2005). Sovereignty, Prevention and Intervention Norms and Practice in International Politics. London: Palgrave Macmillan. 272 pp. In this collection of essays, the authors suggest that prevention and intervention, intended to reinforce the institution of sovereignty by re-establishing stability and order within and between states, may ironically have the reverse effect. This is because such activity, by its nature highly selective, may be considered as illegitimate and a new form of imperialism, and also because the capacity to re-establish order and stability, i.e. nation-building, is at best attainable only in the long run.
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This book is comprised of the following: “Looking Back: The Historical Experience” by M. Heisler; “The Problems and Prospects of a Policy of Prevention” by B. Badie; “Reconstructing the Concepts as Meanings Change” by B. Delcour; “Terrorism, Prevention and Intervention” by B. Dedeoglou; “The US Strategy of Pre-emptive Prevention” by R. Väyrynen; “Europe: Sovereignty and Prevention” by J. De Wilde; “Sovereignty and Intervention: The Case of Former Yugoslavia and the Middle East” by H. Riegler; “Structural Context and Conflict Dynamics: Prevention and Intervention as Wishful Thinking” by S. Chojnacki; and “A Theoretical Outlook?” by W. D. Eberwein. 360.
Beach, Hugh (2000). “Secessions, Interventions, and Just War Theory: The Case of Kosovo,” pp. 11–36. In Pugwash Study Group (Ed.) Pugwash Study Group on Intervention, Sovereignty and International Security. Cambridge, MA: Council of the Pugwash Conferences on Science and World Affairs. This is a fascinating and informative essay on the issue of the evolution, justification and use of intervention in the so-called “internal affairs’ of nations, using Kosovo (late 1990s) as a case study.
361.
Bhatia, Michael V. (2003). War and Intervention: Issues for Contemporary Peace Operations. Bloomfield, CT: Kumarian Press. 222 pp. This book is comprised of the following: I. “Introduction”; 2. “Background: The United Nations, the United States, and Ground Intervention”; 3. “The Operational Environment: Dissolution and Globalization”; 4. “Contemporary Peace Operations: Administering Territory”; 5. “The Military Dimension: Methods and Emerging Capabilities”; and 6. “Afterward and Aftermath.” Among the genocides discussed herein are those that were committed in Rwanda and the former Yugoslavia. Also discussed is the 1999 intervention in East Timor.
362.
Both, Norbert (2000). From Indifference to Entrapment: The Netherlands and the Yugoslav Crisis 1990–1995. Amsterdam: Amsterdam University Press. 265 pp. This book examines how the Netherlands dealt with the Yugoslav crisis during the years 1990–1995, a period when the crisis erupted into areas of violent conflict and genocidal massacres. It was during this period when the Netherlands supplied the peacekeeping presence in Srebrenica (a so-called safe area where mass slaughter ended up being perpetrated).
363.
Bring, Ove (1999). “Should NATO Take the Lead in Formulating a Doctrine on Humanitarian Intervention?” NATO Review, Autumn, 47(3):24–27.
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Bring, professor of International Law at the Swedish Defense College and Stockholm University, argues that there is an urgent need to formulate a doctrine on humanitarian intervention—one that builds on the emerging international norm that gives precedence to the protection of human rights over sovereignty in certain circumstances—and that NATO [the North Atlantic Treaty Organization] should take the lead on this matter. 364.
Brown, Chris (2002). “Humanitarianism and Humanitarian Intervention,” pp. 134–150. In Chris Brown’s Sovereignty, Rights and Justice: International Political Theory Today. Cambridge (UK): Polity. The chapter is comprised of the following sections: Humanitarian Intervention and the Westphalia System; the Emergence of a Strong Norm of Non-Intervention; Intervention in the 1990s: An Overview; and Reflections on Humanitarian Intervention in the 1990s.
365.
Brown, Chris (2002). Sovereignty, Rights and Justice: International Political Theory Today. Cambridge (UK): Polity Press. 276 pp. Written by a professor of International Relations at the School of Economics and Political Science, Sovereignty, Rights and Justice surveys the relationship between international relations theory and political theory, delineating how these two discourses, once considered separate, are now intertwined. In the first part of the book, a historical overview of the international political theory on the “Westphalia System” is presented, with brief accounts of the law of nations, and the notion of an “international society,” as well as an examination of the international thought of the Enlightenment and of nineteenth-century industrial society. International theory in the twentieth century is then examined, leading into a consideration of some of the key issues of late-twentieth century international relations, including: the rights of political communities; the ethics of force in international relations; human rights; humanitarian intervention; global social justice and the moral relevance of borders; and cultural diversity and “the Asian values” debate. In the final chapters, the impact of globalization on all of these issues is examined. This book contains the following twelve chapters: 1. “Introduction: Sovereignty, Rights and Justice”; 2. “The Westphalia System: The Law of Nations and the Society of States”; 3. “Enlightenment and Post-Enlightenment International Thought”; 4. “Realism, Liberal Internationalism and Twentieth-century International Policy Theory”; 5. “Self-Determination and Non-intervention”; 6. “Force, Violence and International Political Theory”; 7. “The Contemporary International Human Rights Regime”; 9. “Humanitarianism and Humanitarian Intervention”; 9. “Global Inequality and International Social Justice”; 10. “Cultural Diversity and International
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Policy Theory”; 11. “Post-Westphalian International Political Theory”; and 12. “A World Gone Wrong?” 366.
Brus, Marcel M. T. A. (1995). Third Party Dispute Settlement in an Interdependent World. Boston: MA: Martinus Nijhoff Publishers. 262 pp. In chapter 3 (“Coping with Analytical Complexity: A Systems Approach”), Brus cogently delineates the following problem vis-à-vis the prevention and intervention of genocide: In a society of states, among the most important principles are respect for state sovereignty, and connected with this, the principle that states can only be legally bound with their consent. The rule system exists in order to facilitate peaceful cooperation between the sovereign states, on the basis of a consistent application of fundamental principles upholding sovereignty, independence and territorial integrity. The traditional system of international law seems to apply these fundamental principles in a consistent manner. However, this traditional system is difficult to maintain in the present interdependent world. Even the traditional state society requires some substantive principles or values which form the basis of inter-state cooperation. The introduction of the prohibition of the use of force, and of other rules of jus cogens are obvious examples of this. With this, the traditional perspective on the society of states becomes mixed with elements of the international community perspective. Turning to this international community perspective, it has to be concluded that in this respect an international rule system does not yet exist. The objective of such a system would be consistent application of basic principles such as those identified above [see page 90 in this book]. Although these principles are gaining importance as basic elements of international law, they are . . . not applied consistently in state actice, and independent mechanisms to ensure their consistent application still have to be developed to a large extent. With regard to the prohibition of genocide . . . ,which [is] recognized as [a] fundamental value of the system in international conventions and declarations—it is evident that their application and interpretation depends to a large extent on political and economic factors. Although the Genocide Convention provides for settlement of dispute by the International Court of Justice at the request of one party, consistent application and interpretation can hardly be guaranteed by the Court as many states have made a reservation concerning the compulsory jurisdiction of the Court. In a community perspective such reservations should be regarded as against the objective and purpose of the Convention and therefore prohibited. Several states have objected against these reservations as being against the object and purpose. (pp. 92–93)
367.
Burgess, J. Peter (2002). “Ethics of Humanitarian Intervention: The Circle Closes.” Security Dialogue, 33(3):261–264. This is a short but interesting commentary on the history of the concept of “humanitarian intervention” and how it has evolved over roughly the past
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century and a half. Burgess concludes by saying, “It remains to be seen whether the clash of these two traditions in political theory [human rights and state sovereignty] is simply a new expression of the status quo politics of ‘might makes right’—as the recent political compromise in the UN Security Council over the jurisdiction of the International Criminal Court would seem to indicate—or whether a new sense of global responsibility is in the ascendant, accompanied by a commitment to seeking out a truly global consensus on matters of justice, human rights, and sovereignty” (pp. 263–264). 368.
Cassese, Antonio (1998). “On the Current Trends Towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law.” European Journal of International Law, 9(1):2–7. Cassese asserts that international criminal tribunals are critical to honoring justice and the rule of law but that state sovereignty remains a major impediment to the effective enforcement of international criminal justice.
369.
Chesterman, Simon (2001). Just War or Just Peace? Humanitarian Intervention and International Law. Oxford: Oxford University Press. 326 pp. In an examination of the legality of humanitarian intervention, the author discusses the genesis of the concept and asserts that, as a legal concept, it does not make sense. More specifically, he delineates what he considers to be the weaknesses inherent in the arguments supporting a doctrine of unilateral humanitarian intervention in international society. Furthermore, he argues that states do not have a legal right to carry out an intervention even if it is in support of UN Security Council resolutions, and not even if they believe that it is the only way to halt a genocide. He also provides a detailed analysis of NATO’s action in Kosovo in what he asserts is its proper legal perspective.
370.
Chopra, Jarat (2000). “The UN’s Kingdom of East Timor.” Survival, Autumn, 42(3):27–39. Chopra, who resigned as head of the UN Transitional Authority in East Timor’s (UNTAET) Office of District Administration on March 6, 2000, asserts the following in his introduction: With its transitional administration in East Timor, the UN is exercising sovereign authority within a fledgling nation for the first time in its history. This development is consistent with the trend towards increasing social and territorial control in interventions to remedy the breakdown of failed states, combat warring factions and topple abusive warlords. But the result will be merely another form of authoritarianism unless the transitional administrators themselves submit to a judicious separation of powers and to genuine
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accountability to the local people whom they serve. Peace-maintenance will win legitimacy only if global governors lead by example. Thus far, the UN has not done so in East Timor. (p. 27)
The article is comprised of the following sections: Scorched Earth, UN Sovereignty, Authoritarian UNTAET, Failed “Timorization,” and Misguided Leadership. 371.
Chopra, Jarat, and Weiss, Thomas G. (1994). “Sovereignty Is No Longer Sacrosanct: Codifying Humanitarian Intervention,” pp. 397–417. In Steven L. Spiegel and David J. Pervin (Eds.) At Issue: Politics in the World Arena. New York: St. Martin’s Press. In their introduction, the authors, both researchers at Brown University’s Thomas J. Watson Jr. Institute for International Studies, state that “It is the working hypothesis of this article that greater familiarity with international legal arguments would not only clarify debate [over the issues germane to sovereignty and humanitarian intervention] but assist in developing a mechanism to guarantee, by force if necessary, the access of innocent civilians to international assistance. ‘Humanitarian’ and ‘intervention’ are contradictions when viewed through the prism of sovereignty, but it is our contention that the two can be reconciled by examining closely the sources of underlying authority for both sovereignty and human rights” (p. 398).
372.
Ciechanski, Jerzy (1997). “Enforcement Measures Under Chapter VII of the UN Charter: UN Practice After the Cold War,” pp. 82–104. In Michael Pugh (Ed.) The UN, Peace, and Force. London: Frank Cass and Company. This provocative essay by Ciechanski, professor of Political Science at the University of Dayton, Ohio, is comprised of the following sections: PostCold War Resolutions Under Chapter VII; Chapter VII as Legitimizer of Legal Uses of Force; The Mistake of “Forcible Peacekeeping”; and International Legislation by the Security Council. Among the conflicts he alludes to and/or discusses are those in the former Yugoslavia, the plight of the Kurds in northern Iraq, and the 1994 genocide in Rwanda. In concluding his essay, Ciechanski writes, in part, as follows: States have reviewed their positions and begun expressing reservations about the Security Council’s use of Chapter VII. A number of Third World countries have quite consistently stressed the importance of the inviolability of the domestic jurisdiction of states which should not be circumvented by the Security Council under any pretext. . . . [For example,] after the Gulf War, several major countries (e.g., China, India, and Zimbabwe) were uneasy about the Security Council taking up in resolution 688 (5, April, 1991), the question of gross violations
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by the government of Iraq of human rights of Iraqi Kurds and Shi’i Muslims, believing that the Council transgressed the limits of its jurisdiction. China and Zimbabwe took an identical position during the Security Council debate (13 and 16 November 1992) on human rights abuses in Yugoslavia. Finally, since August 1994, Burundi has continually rejected, as an intervention in its internal affairs, offers by the Secretary General and Security Council of a UN peacekeeping force to contain growing tribal violence. As an expression of resistance to the Security Council’s improper encroachments, the 1992 Non-Aligned Conference called on the UN to always remain “in full respect of the principles of sovereignty and non-interference in the internal affairs of states.” Furthermore, since the 1991 Gulf War, many Third World states have also insisted on a restructuring which would make the Security Council even less capable of decisive action. The Western states have also lost some of their early enthusiasm, especially with regard to large intrusive peace-keeping operations. They seem to be less concerned with legal and more with practical limits of Security Council activism in the Westphalian international system. Some of the force suppliers rejected the notion of their contingents being used in forcible military operations either under Chapter VII or under the rules of self-defense, the scope of which broadened considerably as the peacekeeping mandates became more activist. (pp. 97–98)
373.
Clarke, Walter, and Gosende, Robert (1996). “The Political Component: The Missing Element in US Intervention Planning.” Parameters: US Army War College Quarterly, Autumn, 26(3):35–51. The authors examine a host of issues germane to the United States policy of intervention: the inadequacy of U.S. doctrine, limits of the U.S. intervention model, the application of political-military doctrine, the inadequacy of the international intervention doctrine, doctrinal issues in international intervention, suggested principles for international intervention, and U.S. intervention doctrine for the twenty-first century.
374.
Coady, C. A. J. (2002). The Armed Ethics of Humanitarian Intervention. Washington, D.C.: United States Institute of Peace. 45 pp. The author addresses the following issues/topics herein: Definitions and Cautions (The Meaning of “Intervention”; The Meaning of “Humanitarian”; The Nature of Ethics; Realist Caution; Humanitarian Violence: A Paradox?); The Just War Tradition and Defense Against Aggression (The Just War Tradition; Grounding the Paradigm; Challenging the Paradigm: The Case for Intervention; The Sovereignty Debate and The Theory of Aggression); Just War and Humanitarian Intervention: The Burden to Be Met (Just Cause; Right Authority: Who Is to Intervene?; Proportionality and Its Ambiguities; Last Resort: Exploring the Alternatives; The Prospects for Success); and Facing the Future (Moral Legitimacy, the United Nations, and International
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Collaboration; Arrangements for Peacekeeping and Peacemaking; The Need for a UN Intervention Force; Holistic Solutions; Cooperative Multilateral Action; and Avoidance of Demonization). 375.
Cotton, James (2001). “Against the Grain: The East Timor Intervention.” Survival: The IISS Quarterly, Spring, 43(1):127–142. In this thought-provoking essay, Cotton, professor of Politics in the School of Politics at the Australian Defence Force Academy, University of New South Wales, argues that the 1999 intervention in East Timor was an anomaly in the region, and for that reason such an intervention is not an indication of a change of principle regarding the “sanctity” of non-interference in this part of the world. In his introduction Cotton states that The principle of non-interference is an integral part of the “Asian Way.” Countries of the region have doggedly opposed any suggestion that state sovereignty should be softened by a new doctrine of “humanitarian intervention.” The participation of some countries in the 1999 intervention in East Timor—an action sanctioned by the United Nations for specifically humanitarian purposes—was thus out of character. But this departure, far from reflecting a re-evaluation of doctrine was a consequence of specific historical and political factors, most important of these was the fact that the UN had never accepted the Indonesian incorporation of the territory as legitimate. Once the United States adopted a more critical attitude, after Australia pressured Indonesia to test local opinion on East Timor’s future, the internationalization of the issue became inevitable. In the aftermath of the post-ballot militia violence, Indonesia’s uncertain transitional leadership could not resist calls for an intervention by peacekeepers. There are certainly lessons in the East Timor case for coalition operations and other interventions. But the actions of the Australia-led coalition do not indicate a wider regional acceptance of the norm of humanitarian intervention. (p. 127)
376.
Cronin, Bruce (1998). “Changing Norms of Sovereignty and Multilateral Intervention,” pp. 159–180. In Joseph Lepgold and Thomas G. Weiss (Eds.) Collective Conflict Management and Changing World Politics. Albany: State University of New York Press. Cronin, assistant professor of International Relations at the University of Wisconsin, Madison, notes that This chapter attempts to recast the collective security debate more broadly by demonstrating that international obligations are historically contingent—there can be no one-size-fits-all model. Collective security regimes are built around a “consensus agenda” for international society. Through this agenda, member states make commitments to specific populations or political communities within states, and over time these commitments form the basis for obligations
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toward these communities. The commitments reflect a general consensus concerning where sovereignty ultimately resides, for example, within an ethnic or cultural community; among the citizens living within a territorially-bound political unit; within the political institutions of an internationally-recognized state; or within a community of religious faithful. This determines who has the legitimate “title” to the state, and in the broader sense, defines what constitutes a “legitimate” state. In other words, the norms of the international system are derived from the identities of participating states. (p. 160)
Among the specific issues/concerns Cronin discusses are: the conception of sovereignty in the creation of collective security regimes, sovereign authority as an international issue, a new legitimate principle and the future of collective security, and the definition of a legitimate state. 377.
Cronin, Bruce (2002). “Multilateral Intervention and the International Community,” pp. 147–165. In Donald Sylvan and Michael Keren (Eds.) International Intervention: Sovereignty vs. Responsibility. London: Frank Cass. “This article examines how the ‘paradox of sovereignty’ simultaneously protects the right of states to control their own internal affairs, while allowing the international community to place conditions limiting that right. It argues that the existence of a pluralistic international community provides a political and legal foundation for collective intervention on behalf of domestic populations when fundamental norms are threatened, but at the same time creates a highly restrictive set of conditions under which this can occur” (citation provided by Cronin, personal correspondence, 6/3/2005).
378.
Cronin, Bruce (In press ). “The Tension Between Sovereignty and Intervention in the Prevention of Genocide.” In Samuel Totten (Ed.) The Prevention and Intervention of Genocide. Genocide: A Critical Bibliographical Review. New Brunswick, NJ: Transaction Publishers. Cronin, assistant professor of International Relations at the University of Wisconsin, discusses the following issues herein: “sovereignty versus responsibility”; problems with intervention; and critical challenges in the field. A short annotated bibliography of key works accompanies the essay.
379.
Dallmayr, Fred, and Rosale, José M. (Eds.) (2001). Beyond Nationalism? Sovereignty and Citizenship. Lanham, MD: Lexington Books. 302 pp. This book is comprised of the following parts and chapters: Part I. Nationalism and Beyond (1. “Modalities of Consent, Compliance, and NonCompliance: Exit, Voice, and Loyalty Reconsidered” by Paul Thomas; 2. “Does a Homogeneous Conception of Nation Exist? A Typology of National Identities” by Iván Vitányi; 3. “Nationalism and Typological Thinking”
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by Manuel Toscano-Méndez; 4. “Nations within Nations—Nationalism and Identity Politics” by Tuija Pulkkinen; 5. “Self-Determination without Nationalism” by Omar Dahbour); Part II: Globalization and Sovereignty (6. “War, Politics, and Sovereign Violence” by John Crowley; 7. “The Subject of Sovereignty” by Pedro Francés-Gómez; 8. “Nationalism, Sovereignty, and Pluralism: The Case of William James” by Kennan Ferguson; 9. “Democratic Internationalism: A Defense of Deliberation as a Medium of Internationalism” by Alan Gilbert; 10. “Nationalism and Sovereignty Overrides: Permissibility of Interventions in Other Polities” by Eero Loone; 11. “Thinking Globalization, Rethinking Toleration” by Teresa López de la Vieja); and Part III: Citizenship in a Global World (12. “National Identities and Cosmopolitan Virtues: Citizenship in a Global Age” by Bryan S. Turner; 13. “Multiculturalism, Differentiated Citizenship, and the Problem of SelfDetermination” by Matteo Gianni; 14. “Multiculturalism and Constitutional Patriotism in Eastern Europe” by Judit Hell and Ferenc L. Lendvai; 15. “Justice and Immigration: An Argument Against Nationality as ‘Cement’ of Citizenship” by Ricard Zapata-Barrero; and 16. “Globalization and Differentiality in Human Rights” by José Rubio-Carracedo). 380.
Deibel, Terry L. (1993). “Internal Affairs and International Relations in the Post-Cold War World.” The Washington Quarterly, Summer, 16(3):13– 33. In his introduction, Deibel, professor of national strategy at the National War College in Washington D.C., observes and then asserts the following: The world has been transformed before our eyes, the problems with which we are confronted are of a far more fundamental nature than any we have had to deal with for decades and the old routines of thought, the old conventions, or habits of mind, risk becoming more obstacles than aids to understanding. Nowhere is this more true than with regard to a convention that has been at the very heart of our thinking about international relations, that is in fact central to the system of nation-states on which our international order has been based. This convention has two parts. Its first tenet is that a dividing line exists between a government’s international behavior, on the one hand, and what it does within its own borders, on the other hand. Its second is that the actions a government takes within its borders are off limits to the concern of other states and of the international community, and that there is, and ought to be, an outright prohibition on interference by outsiders in the internal affairs of sovereign states. . . . Before [any] public policy questions can be addressed, it is necessary to discuss the external/internal affairs convention itself: what it is, why we have it, and its historic utility. Then we need to examine the challenges to it in the post-cold war environment and to explore why in many ways it is no longer an accurate reflection of reality. Finally, we must face up to an important
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choice that will affect American foreign affairs strategy during the post-Cold War era in profound ways, the choice as to whether the United States should respect and attempt to preserve the convention, seek to weaken and modify it substantially, or try to overturn it completely (pp. 13–14).
381.
Deng, Francis (Ed.) (1996). Sovereignty as Responsibility: Conflict Management in Africa. Washington, D.C.: Brookings Institution. 265 pp. The collective authors represented in this book address the question as to whether the international community should continue to abide by the longtime principle of nonintervention in the internal affairs of sovereign states, provided that their domestic politics do not constitute a “threat to international peace.” All argue that it should not, but rather that sovereignty should be viewed as “conditional, for inherent in the concept of sovereignty is that of the responsibility to honor a social contract in which the legitimacy of leaders is based on their actions to ensure that their citizens’ basic human rights are guaranteed. Furthermore, they argue that when those states, for whatever the reason(s), fail to honor and protect such rights then they have no choice but to accept the right of other nations or international organizations to intervene in order to assist the endangered populations and bring the conflict to a peaceful resolution” (p. i). As the title suggests, the authors focus specifically on the issue of “conflict management” in Africa. In doing so, they delineate a set of arguments and concepts to illustrate how states can prevent and resolve conflict that call into question their legitimacy, as well as what international and regional organizations can do to help establish norms of responsibilities within such states.
382.
Elshtain, Jean Bethke (1998). New Wine and Old Bottles: International Politics and Ethical Discourse. Notre Dame, IN: University of Notre Dame Press. 81 pp. In chapter One, “Sovereignty at Century’s End,” Elshtain, the Laura Spelman Rockefeller Professor of Social and Political Ethics at the University of Chicago Divinity School, examines how sovereignty became such a pervasive and enduring feature of international relations.
383.
Evans, Gareth, and Sahnoun, Mohamed (2002). “The Responsibility to Protect.” Foreign Affairs, 81(6):99–110. In this article, Gareth (president and chief executive officer of the International Crisis Group and former Foreign Minister of Australia) and Sahnoun (special adviser on Africa to the UN Secretary General and a former senior Algerian diplomat) basically argue that the dichotomy between those in favor of intervention when gross human rights are being violated in a country versus those who hold sovereignty to be a sacrosanct concept needs to
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“be reframed not an as argument about the ‘right to intervene’ but about the ‘responsibility to protect.’ And it has to be accepted that although this responsibility is owed by all sovereign states to their own citizens in the first instance, it must be picked up by the international community if that first-tier responsibility is abdicated, or if it cannot be exercised” (p. 101). The article is comprised of the following sections: Sovereignty as Responsibility; Military Intervention: Setting the Bar; Operation Just Cause; Precautionary Principles; and The Problem of Political Will. 384.
Finnemore, Martha (2003). The Purpose of Intervention: Changing Beliefs About the Use of Force. Ithaca, NY: Cornell University Press. 173 pp. This book presents an examination of the use of military intervention for various purposes, including humanitarian crises. It is comprised of the following chapters: 1. “The Purpose of Force”; 2. “Sovereign Default and Military Intervention”; 3. “Changing Norms of Humanitarian Intervention”; 4. “Intervention and International Order”; and 5. “How Purposes Change.”
385.
Fowler, Michael Ross, and Bunck, Julie M. (1995). Law, Power, and the Sovereign State: The Evolution and the Application of the Concept. Philadelphia: The Pennsylvania State University Press. 200 pp. Along with the introduction and conclusion, each of the five chapters in this book addresses a key question. The questions, which also serve as chapter titles, are as follows: Why is sovereignty ambiguous? Why is sovereignty important? What constitutes a sovereign state? How is sovereignty applied in theory? How is sovereignty applied in practice? Why is sovereignty useful? and Will sovereignty prosper or decline?
386.
Fox, Gregory H. (1997). “New Approaches to International Human Rights: The Sovereign State Revisited,” pp. 105–130. In Sohail H. Hashmi (Ed.) State Sovereignty: Change and Persistence in International Relations. University Park: The Pennsylvania State University Press. In this essay, Fox, an attorney and research fellow at the Max Planck Institute for Comparative Public and International Law in Heidelberg, Germany, addresses the following issues: Understanding and Defining Sovereignty; The Law of Human Rights: Normative and Institutional Trends; The Institutionalization of Human Rights Protection (1. Expanding Jurisdiction of the UN Security Council; 2. Mediation of Civil Wars; 3. Election Monitoring; 4. The Law of Recognition; 5. International Lending Practices; 6. Yugoslav War-Crimes Tribunal); and Strengthening the Sovereign State.
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Francés-Gómez, Pedro (2002). “The Subject of Sovereignty,” pp. 99–114. In Fred Dallmayr and José M. Rosales (Eds.) Beyond Nationalism? Sovereignty and Citizenship. Lanham, MD: Lexington Books. Herein, Francés-Gómez, professor of moral and political philosophy at the Complutense University of Madrid, write as follows: The concept of sovereignty is in crisis. Most, if not all, current literature on the topic focuses on the inadequacy of the classical concept of sovereignty. The concept established by Bodin and the early international law theorists, and developed, after the American and French revolutions, into the normative idea of the nation-state as subject of international law, is no longer tenable. . . . It is undeniable that the occasional virulence of this dispute is forcing theorists to reconsider old ideas about the allocation of sovereignty, but so far it is hard to point to a real change in the received concept. . . . What seems to be in crisis is . . . the particular conception of sovereignty that emerged from Westphalia and developed along the Enlightenment and Romantic ideals of patriotism. According to this concept, sovereignty is the legitimate absolute power uniquely exerted by the nation-state (through its legal representatives) and recognized both by the people (authority in the internal sphere) and by other states (autonomy in the international sphere). Despite the crisis of this conception of sovereignty, the concept itself seems to be intact. . . . The modern conception of (absolute, indivisible, non-delegatable) sovereignty had a precise subject: the Monarch, the Nation, the State. Today, the received theories of exclusive sovereignty sound simplistic and unconvincing, but no satisfactory alternative has been developed. Therefore we lack a sound definition for one of the essential parts of any conception of sovereignty. We lack any normative (that is universal) idea about how to define the “who” who is sovereign. Other components of the concept (limits, scope, ways of exertion, etc.) are of no use if we cannot define a subject for them. . . . [T]he absence of a sound normative definition of the subject of sovereignty hinders in an important way the possibility of developing such a theory. My contribution will be an attempt to construct a normative notion of the subject of sovereignty. (pp. 99–101)
In his attempt to develop a normative notion of the subject of sovereignty, Francés-Gómez addresses the following issues: the nation as the subject of sovereignty, that which constitutes “nation,” subjects of sovereignty, cooperation and the constitution of the subject of sovereignty, the activity of the sovereign self, and the failure of the sovereign self. 388.
Frank, Martin (2004). “The Dilemmatic Structure of Humanitarian Interventions,” pp. 97–114. In Georg Meggle (Ed.) Ethics of Humanitarian Interventions. Frankfurt: Ontos Verlag. Frank states that
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The main thesis of the essay is that the specific meaning and problems of humanitarian interventions are only intelligible if the basic dilemma structure is considered. The central idea is a conflict of principles which opposes the guarantee of state sovereignty with the protection of human rights. The essay starts with the definition of humanitarian interventions as resisted interference into another countries (sic) affairs supported by military forces. After locating the phenomenon of humanitarian intervention in the Westphalian system of plural states, a dilemma-continuum is proposed which helps to arrange the main theories according to their respective attitudes towards humanitarian interventions. The continuum includes different views which regard humanitarian interventions as exemptions, rights or duties. At the extremes there are the positions of state fetishism and global domestic politics which are prepared to negate the dilemma and therefore to get rid of the phenomenon of humanitarian intervention. The essay ends with considerations of the advantages of the dilemma analysis and the appropriate kind of balancing. Here, the second main thesis of the essay argues that every attempt to solve or circumvent the dilemma will either lose the phenomenon or distort the adequacy of the internal reasoning for or against humanitarian interventions. (p. 11)
389.
Garrett, Stephen A. (1999). Doing Good and Doing Well: An Examination of Humanitarian Intervention. Westport, CT: Praeger. 213 pp. This book is comprised of the following eight chapters: 1. “Initial Considerations”; 2. “The Realm of Philosophy”; 3. “The Realm of Law”; 4. “Issues and Ambiguities”; 5. “How Governments Decide”; 6. “Judging Decisions, Judging Results”; 7. “Going It Alone or Going It With Others”; and 8. “Humanitarian Intervention Reconsidered.”
390.
Glennon, Michael J. (2001). Limits of Law, Prerogatives of Power: Interventionism After Kosovo. New York: Palgrave. 239 pp. Glennon, professor of Law at the University of California, Davis, presents a “critical, top down reassessment of the whole use-of-force edifice.” (p. 4) As his starting point, Glennon discusses how the 1999 Kosovo bombing campaign by NATO violated Article 2(4) of the UN Charter—that is, the prohibition of “the threat or use of force against the territorial integrity or political independence of any state.” In doing so, he rejects the many arguments that have been put forth that “humanitarian intervention” is consonant with the UN Charter. Here he argues that such interventions as India’s 1971 intervention in Bangladesh and the 1979 intervention by Tanzania in Uganda, as well as others, are problematic as precedents. Ultimately, Glennon argues that the UN Charter has lost its relevance when it comes to the whole use of force issue and goes on to challenge the legal justifications for the UN Security Council’s authorization to use force to deal with intrastate violence. While asserting that there is some merit to regional alliances for the purpose of addressing intrastate conflict such as ethnic
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violence (sometimes under the auspices of the UN Security Council), he still maintains that it constitutes a breakdown of the Charter-based regime because the Security Council has intervened in ways that its originators “would never have agreed to” (p. 135). 391.
Gow, James (1998). “Nations, States, and Sovereignty: Meanings and Challenges in Post-Cold War International Security,” pp. 171–210. In Christopher Dandeker (Ed.) Nationalism and Violence. New Brunswick, NJ: Transaction Publishers. The focus of this chapter is two-fold: First, through use of the particularly virulent Yugoslav example, it will explore the nature of the challenge to international security issued by nationalism at the end of the twentieth century. Secondly, it will indicate ways in which the ethnonationalist challenge has induced reassessment of the key concept in international relations—sovereignty. Following the end of the Cold War, the protection from outside interference in matters of domestic jurisdiction offered to states by traditional interpretations of sovereignty has changed: it is now clear that the internal affairs of a state may be a matter of concern to international bodies. This has two consequences. First, on a more or less consensual basis, bodies such as the CSCE or the UN will have a role in the internal affairs of certain states. Secondly, in certain cases, however, as a consequence of changing interpretations in relation to the principle of noninterference, states may be subject to unwanted external intervention—which may, in extreme circumstances, involve the use of armed force. (p. 173) The essay is comprised of the following sections: The Sovereign State System; Nationalism, Sovereignty, and Self-Determination; The Serbian Snake; Sovereignty and Self-Determination: Yugoslavia and the Meaning of Nation; Chapter VII Measures: Intervention and Enforcement After the Cold War; and Sovereignty and Security: New Bearings.
392.
Gow, James (1997). “Shared Sovereignty, Enhanced Security: Lessons from the Yugoslav War,” pp. 151–179. In Sohail H. Hashmi (Ed.) State Sovereignty: Change and Persistence in International Relations. University Park: The Pennsylvania State University Press. In his introduction, Gow, reader in war studies at King’s College London and research associate in the Center for Defence Studies, University of London, states that The aims of this chapter is to consider the Yugoslav war of dissolution for two purposes. The first is to illustrate the continuing importance of sovereignty (completed by statehood and self-determination in a vital troika) and the
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ways in which it is disputed at the end of the twentieth century. The second purpose is to identify the critical evolution in practice and, gradually, in principle of the concept in international affairs, recognizing that in the 1990s, while sovereignty remains absolute, the unitary quality long ascribed to it is proving to be divisible and capable of being shared both within the state and internationally, creating, potentially, a “compound international sovereignty regime.” (pp. 153–154)
The essay, itself, is comprised of the following sections: Sovereignty, Statehood, and Self-Determination; Sovereignty and Self-Determination: Implications of the Yugoslav Dissolution; The Legitimation of Sovereignty: Building Peace from Below and Within; and Sovereignty and Security: Building from Above and Outside. 393.
Guéhenno, Jean Marie (2000). The Topology of Sovereignty (Virtual Diplomacy Series). Washington, D.C: United States Institute of Peace. 4 pp. This report is a transcription of the opening presentation presented at an international conference hosted by the U.S. Institute of Peace to examine the impact of the global community’s revolution in international relations and on the management and resolution of international conflict. Herein, Guéhenno, French ambassador and permanent representative to the Western European Union, explores three points: (1) The new revolution in information and communications (“in a way it is the opposite of the Gutenberg revolution in the sense that it is going to build a new universalism, while Gutenberg’s invention destroyed a certain universalism. The revolution has an impact on sovereignty; it destroys the idea of territorial sovereignty,” p. 1); (2) how “this revolution changes the nature of power” (p. 1); and (3) “the implications of this revolution for political institutions” (p. 1).
394.
Gunter, Michael M. (1994). “The Kurdish Peacekeeping Operation in Northern Iraq, 1991,” pp. 97–110. In David A. Charters (Ed.) Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. Gunter’s conclusion to his essay is informative and telling: The imperfect, but effective, UN collective security operation against Iraq following that state’s conquest of Kuwait in August 1990 eventually led to an equally flawed, but still useful, peacekeeping operation to help save the Kurds from the further depredations of Saddam Hussein after their failed uprising in March 1991. At a time when many were hailing the new effectiveness of the UN, it is ironic that world organization was forced into this peace-keeping operation only because the supposedly defeated Hussein was still able to triumph over the Kurds and then force them into a deadly flight into the mountains on the Iranian and Turkish borders.
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The UN’s response proved to be a unique peace-keeping operation because, in effect, it was taking the side of the Iraqi Kurds and the allies against Iraq. This situation patently contrasted with the criterion of impartiality previous peacekeeping operations had possessed. What is more, for the first time, the UN had declared in Security Council 688 of 5 April 1991 that “the repression of the Iraqi civilian population, including most recently, Kurdish populated areas” could “threaten international peace and security.” In other words, the Council was saying that circumstances may arise in which extraordinary humanitarian needs would compel the world organization to intervene in the internal affairs of a sovereign state under the collective security provisions of UN Charter Chapter VII (italics added). If so, this was certainly a precedent-setting declaration. Previously, what a state did to its own minorities was of little or no concern to outsiders. Again, therefore, the UN peacekeeping operation in northern Iraq carried major implications for the future of international law and organization. (pp. 106–107)
The essay is comprised of the following sections: Origins, Safe Havens, The UN Begins to Move, Implementation, Finances, and Conclusions. 395.
Haas, Ernst B. (1993). “Beware the Slippery Slope: Notes Toward the Definition of Justifiable Intervention,” pp. 63–89. In Laura W. Reed and Carl Kaysen (Eds.) Emerging Norms of Justified Intervention: A Collection of Essays from a Project of the American Academy of Arts and Sciences. Cambridge, MA: American Academy of Arts and Sciences. In this chapter, Haas, the Robson Research Professor of Government at the University of California at Berkeley, states that I devote the bulk of this essay to the advocacy of justifiable and effective UN action to keep the peace in wars among states and to make peace in wars within states. I argue that legitimate multilateral action depends on not attempting all forms of collective action in all situations. Such actions will gain acceptance only if the UN stays out of situations that are unlikely to be improved as a result of global involvement—provided that those situations pose no significant threat to the peace of other states. I want to prevent the likely progression of steps that begin with humanitarian intervention and end with enforcement measures under Chapter II of the [UN] Charter. I want to save the UN’s legitimacy for situations that can be improved by multilateral action by preventing the organization’s sliding down the slippery slope illustrated by the cases of Somalia, Bosnia, and Cambodia. In doing so, I take issue with those who urge a hugely expanded scope for UN intervention and who justify their argument by pointing to an ever-weakening norm of sovereignty. I quarrel with those who urge that intervention is always justified in a “good cause” because sovereignty is not what it used to be. I show that there is no need to revive and to sanitize that (formally) reprehensible form of international conduct, intervention in the internal affairs of another state, because we should be very
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cautious in justifying efforts to make peace in someone else’s civil war that poses no threat to outsiders. (p. 65).
396.
Hall, Rodney Bruce (1999). National Collective Identity: Social Constructs and International Systems. New York: Columbia University. 397 pp. This book is comprised of four parts and ten chapters: Part I. Collective Identity and International Relations Theory (1. “International Relations Without Nations?”; 2. “Social Identities and Social Systems”; 3. “Identities and Social Orders: International Systems in Modern History”); Part II. Territorial-Sovereign Identity (4. “Raison d’Etat and Territorial Sovereignty: Mercantilist Absolutism and Eighteenth-Century Imperialism”; 5. “Territorial-Sovereign Identity and the Seven Years War”); Part III. National-Sovereign Identity (6. “The Emergence of National-Sovereign Identity: Revolutionary Nationalism and Reaction”; 7. “Use and Misuse of the Principle of Nationality: The Demise of the Second Empire and the Birth of the Second Reich”; 8. “National Sovereignty and the New Imperialism: The Global Transmission of Bourgeois-National Identity and Culture”; 9. “’Over-the-Top’ and ‘Over There’: Status Contests Among NationalSovereigns”); and Part IV. Conclusion and Implications (10. “The Helpless Colossus: The Politics of Identity and Hopeful Nondeterminism”). In his introduction to chapter 1, Hall states that This book will address the issue of the consequences of the “nationalization” of state actors for the composition of the international system and the patterns of politics within it. Part of this endeavor is a clearer conceptualization and delineation of nation-sovereign actors from the territorial-state-sovereign actors that had dominated the system prior to the nineteenth century. I will thereby address the question of how the nationalization of state actors results in change in the international system. While some have contended that the international behavior of state actors has been uniform throughout history, I will critically examine this argument. The eighteenth-century system consisted of territorial-sovereign state actors whose regimes relied upon dynastic legitimating principles. By contrast, the late nineteenth and twentieth century systems have increasingly consisted of national-sovereign actors whose regimes have relied upon the “imagined community” of the nations as a legitimating principle. . . . I will seek to fill a gap in contemporary international relations theory, which fails to account for and explain nationalist phenomena in the international system. The currently dominant theories of international relations are strongly state-centric. They take the state as a fundamental unit of analysis that is unproblematically given, fail to inquire into its origins, or to delineate it from the nation. These theories relegate domestic-societal interaction, sources of conflict, or societal cohesiveness (such as ethnic, religious, or other domestic sources) to the status of epiphenomena. The current resurgence of nationalism in the post-cold-war international system, and the potential conflictual consequences
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of past and present national movements, are therefore opaque to our current repertoire of international relations theory, even though the relative novelty of national collective identity has significant implications for the current practice of modern international relations. (pp. 3, 4, 6)
397.
Hannum, Hurst (1992). Autonomy, Sovereignty, and Self-Determination: The Accommodation of Conflicting Rights. Philadelphia: University of Pennsylvania Press. 503 pp. Part I (The International Legal Context) includes a short but instructive section entailed “Sovereignty, Statehood, and Nationalism” (pp. 14–26)
398.
Harff, Barbara (1993). “An Early Warning System is Needed.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:3–5,12. As part of a forum (“A Forum on Prevention of Genocide and Mass Killing”) organized by the New York City-based Institute for the Study of Genocide, and in response to two questions (“What should be the preconditions for creating and recognizing new states and retracting (or suspending) recognition?” and “What other solutions would you recommend to rectify the past discrimination of regional or dispersed minorities who have experienced denial of civil and political rights?”) posited to the panelists, Harff (professor of Political Science at the U.S. Naval Academy) addresses the following issues, among others: state formation and recognition, the human rights/aid linkage, international monitoring and protection, humanitarian intervention, role of the UN, and the need for the development of an effective early warning system. In regard to the issue of intervention, Harff comments that It is now widely accepted that the right to territorial integrity does not include the right to treat one’s citizens as one pleases, such as starving people into submission or creating genocide. . . . Collective intervention is allowed under Chapter VII of the UN Charter, and Article 34 empowers the Security Council to investigate disputes causing international friction. There are at least seven other circumstances under which states have a lawful right to intervene. Intervention is not a synonym for military intervention. In many cases international pressures and diplomacy can forestall crises at an early stage. Cases in which local leaders do not desist from mass killings and genocide, despite diplomatic efforts, sanctions, and selective application of force may warrant military intervention. Intervenors must provide necessity and proportionality: military intervention has to be shown to be imperative and should remain the last resort. (p. 4–5)
399.
Harff, Barbara (1999). “Humanitarian Intervention in Genocide,” pp. 341–343. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume I. Santa Barbara, CA: ABC CLIO Press.
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Harff discusses the legal evolution of humanitarian intervention, including “the current trend in international law moving toward codification of principles and identification of appropriate conditions under which humanitarian imperatives will override national sovereignty” (p. 341). 400.
Hashmi, Sohail H. (Ed.) (1997). State Sovereignty: Change and Persistence in International Relations. University Park: The Pennsylvania State University Press. 212 pp. This book is comprised of the following chapters: “Introduction” by Sohail H. Hashmi; chapter 1. “Ideas and the Evolution of Sovereignty”; chapter 2. “Pan-Islamism, State Sovereignty, and International Organization” by Sohail H. Hashmi; chapter 3. “Sovereignty, Self-Determination, and Security: New World Orders in the Twentieth Century” by Beatrice Heuser; chapter 4. “New Approaches to International Human Rights: The Sovereign State Revised” by Gregory H. Fox; chapter 5. “Clash of Principles: Self -Determination, State Sovereignty, and Ethnic Conflict” by Kamal S. Shehadi; and chapter 6. “Shared Sovereignty, Enhanced Security: Lessons from the Yugoslav Wars, and State Sovereignty” by Miranda A. Schreurs. In his introduction to the book, Hashmi write as follows: For at least fifty years, students and practitioners of international politics have been . . . analyzing the changing changing nature of state sovereignty. Traditional conceptions of the unitary, absolute, and legitimate state—the Westphalian model of sovereign statehood—were to some being “eroded,” while to others were already “obsolete.” . . . Yet reports of the demise of the sovereign state have thus far proven to be greatly exaggerated. For at the time that the erosion of the Westphalian model was occurring on the continent that gave birth to it, the principle of state sovereignty was being enshrined universally as the organizing principle of international society. The Third World states that emerged from the retreat of Western colonialism in the 1950s and 1960s did not challenge the essential structure of the international system; instead they embraced it wholeheartedly and have sought not an overhaul, but internal reform. The notion of state sovereignty has, in fact, been the badge of international legitimacy for states and regimes enjoying at best dubious internal legitimacy. . . . Today, [though] the problem of state sovereignty has emerged squarely at the center of a maelstrom of international issues. . . . [A key reason] why the concept of sovereignty is today more problematic than ever before [is] the global diffusion of democratic values and the development in the last few decades of a truly universal convention of fundamental human rights. . . . The universalization of human-rights standards and the growth of nongovernmental human-rights monitoring agencies have seriously undermined the old idea of essentially “domestic” affairs of a state that are beyond the purview of the international community. There is today a growing
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consensus that claims of state sovereignty should not be an impediment to international intervention in the face of humanitarian crises. The fundamental problem that remains—as vividly demonstrated by ongoing humanitarian disasters throughout the world—is that the threshold beyond which a civil dispute becomes an international humanitarian crisis has yet to be adequately defined, and the mechanism for effective international intervention has yet to be created. (pp. 1–3, 4, 5)
401.
Heiberg, Marianne (Ed.) (1994). Subduing Sovereignty: Sovereignty and the Right to Intervene. London: Pinter. 154 pp. Based on talks presented at a conference on sovereignty and intervention hosted by the Norwegian Institute for International Affairs, this book is comprised of an introduction and six chapters: The chapters address the following topics: sovereign statehood and national determination (Oyvind Ostervd); the obsolescence of intervention under international law (Jarat Chopra); sovereignty and intervention and the developing world (George Joffe); the United Nations and intra-state conflict (Age Eknes); tribal and international law (Ernest Gellner); and “keeping a fractured peace” (Johan Jorgen Holst).
402.
Henkin, Louis; Hoffmann, Stanley; Kirkpatrick, Jeanne J.; Gerson, Allan; Rogers, William, D.; and Scheffer, David J. (1991). Right v. Might: International Law and the Use of Force. New York: Council on Foreign Relations Press. 200 pp. In this updated edition of the 1989 volume, the contributors confront the question/issue: Does international law permit the use of military force to promote democracy and human rights? The essays provide provocative, and sometimes divergent, views in regard to the tension between force and the law in U.S. foreign policy. A new chapter addresses the United States’ role in the post-Cold War World. The essays and essayists are as follows: “The Great Debate of the 1980s” by Scheffer; “The Reagan Doctrine, Human Rights, and International Law” by Kirkpatrick and Gerson; “The Use of Force: Law and U.S. Policy” by Henkin; “Ethics and Rules of the Game Between the Superpowers” by Hoffmann; “The Principles of Force, The Force of Principles” by Rogers; and “Use of Force After the Cold War: Panama, Iraq, and the New World Order” by Scheffer.
403.
Heuser, Beatrice (1997). “Sovereignty, Self-Determination, and Security: New World Orders in the Twentieth Century,” pp. 81-104. In Sohail H. Hashmi (Ed.) State Sovereignty: Change and Persistence in International Relations. University Park: The Pennsylvania State University Press.
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In the introduction to her essay, Heuser, senior lecturer in war studies at King’s College London, makes the following assertions: Sovereignty, as will be argued here, is an impediment to the global rule and application of law in three ways: first, it is not stated explicitly in the UN Charter or in any subsequent UN resolution that the United Nations has the right to intervene in the internal affairs of a sovereign state, even if this state’s government or a group unchecked by the government is breaking the state’s commitments to the observation of the UN Charter and the human rights convenants. In fact, some such interventions have occurred, most notably in Cambodia [and] Iraq. But they have been carried out on an ad hoc basis, emphasizing the Security Council’s rights under Chapter VII as opposed to the sovereign rights of a state under Article 2(7). And no steps have been taken to ensure a universal and consistent application of such intervention if the government of a state is clearly disregarding its engagement to uphold human rights. Second, any UN resolution has to be reached by the Security Council whose permanent members, as states more sovereign than others, so to speak, have a veto power. Third, the enforcement of a UN resolution, if one is ever passed, depends ultimately on the free choice of the governments of all the other sovereign member states to help implement it. The United Nations has no means to extort the assistance of member states in this process. The problem is not a new one, but one that has become increasingly pronounced since World War I. There has never been a system of international law that was enforced through an effective supranational executive. Laws have been enforced within countries and within empires. But obligations incurred by sovereign entities have only been enforced against their will if it happened to be in the direct interest of other sovereign entities to do so, and if these were willing to apply the necessary pressure—and bear the cost of doing so. (p. 81)
This essay, then, addressees the following issues: The Concert of Europe: Oligarchy; The League of Nations: Collective Security; The United Nations: Oligarchy in Collective Security; The Cold War: Non-War Between Integrated Alliances; Options for Post-Cold War Security; Toward a New Model; and Unresolvable Problems? 404.
Hirsch, Herbert (1999). “United States Ratification of the UN Genocide Convention,” pp. 596–598. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. A succinct history of the United States’ extremely tardy ratification of the “UN Convention on the Punishment and Prevention of the Crime of Genocide” (sic) (some thirty-six years after the Convention had originally been passed by the United Nations). As Hirsch notes, “The twisting road to ratification offers an unobstructed view of the way sovereignty has restricted the power of the United Nations to force nations to comply with eloquent human rights principles” (p. 596).
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Hoffman, Stanley (1996). The Ethics and Politics of Humanitarian Intervention. Notre Dame, IN: University of Notre Dame Press. 116 pp. In a review of this book in Foreign Affairs (March/April 1998), Francis Fukuyama observes that: “ . . . the author provides a well-reasoned account of why traditional norms of sovereignty have been eroded and why the case for humanitarian intervention is more compelling now than previously. His rules for ethic intervention, however, constrain the international community’s actions to those approved by the United Nations or its subsidiary organizations. Not only did this rule in effect block timely intervention in Yugoslavia, but its normative basis needs further scrutiny given the purely formal sovereignty criterion for U.N . . . membership in an age when mere sovereignty does not convey moral-legitimacy to a state’s actions” (p. 142).
406.
Holsti, K. J. (2004). Taming the Sovereigns: Institutional Change in International Politics. New York: Cambridge University Press. 372 pp. Combining theoretical and empirical methods, Holsti presents a historical development vis-à-vis the following “international institutions”: the state, sovereignty, territoriality, international law, diplomacy, trade and war. After identifying the types of change these institutions have undergone during the last three centuries, Holsti analyses the sources of those changes and speculates on their consequences. The book is comprised of the following chapters: 1. “The Problem of Change in International Relations: Rhetoric, Markers, and Metrics”; 2. “The State as Agent and Institution”; 3. “Territoriality”; 4. “Sovereignty”; 5. “International Law”; 6. “Diplomacy”; 7. “Trade”; 8. “Colonialism”; 9. “War”; and 10. “International Institutions: Types, Sources and Consequences of Change.”
407.
Holzgrefe, J. L., and Keohane, Robert (Eds.) (2003). Humanitarian Intervention: Ethical, Legal and Political Dilemmas. New York: Cambridge University Press. 400 pp. The essays in this book address the various ethical, legal, and political conditions under which humanitarian intervention can be justified. They also address the complexities inherent in such actions as well as the inherent dangers. Several of the essays discuss the ongoing legal discussions which, in part, deal with the identification of both principles and precedents for establishing new doctrines vis-à-vis humanitarian intervention, and in doing so, variously note the pros and cons of such actions and focus attention on the issue of sovereignty. The issue of the 1999 NATO Kosovo intervention is mentioned repeatedly as the authors discuss the tension between the protection of sovereignty and the decision to carry out humanitarian action.
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408.
Hopkins, Raymond F. (1995). “Anomie, System Reform, and Challenges to the UN System,” pp. 72–97. In Milton J. Esman and Shibley Telhami (Eds.) International Organizations and Ethnic Conflict. Ithaca, NY: Cornell University Press. In this chapter, Hopkins, professor of Political Science at Swarthmore College, primarily focuses on the UN system and how it deals with ethnic conflict. In doing so, he argues that the normative order has declined and that a major result has been the overburdening of the UN. More specifically, he states that I contend that the Cold War provided international norms based on structured antagonisms. In the absence of these antagonisms, the norms have weakened, and anomie has increased. It has become more difficult for states and IOs [International Organizations] to recognize their interests and pursue them through prudent action. In this situation, ethnic conflicts and other dangers . . . pose increased threats to peace and stability in the international system with declining domestic support and unclear interests; however, states are less able to take unilateral or common state-level action against these threats. The result is that more states expect IO intervention to solve problems related to international public good. (pp. 73–74)
In his conclusion, Hopkins states that I believe that current shifts in demands and expectations point toward a new path for international organizations. Leaders of major states of the world and UN officials have urged changes to expand IO responsibilities. These include multilateral procedures for authorizing intervention, to be backed by additional resources for international organizations to use in managing ethnic conflicts. . . . Reconstruction of the meaning of sovereignty to incorporate toleration of humanitarian intervention and to recognize degrees of sovereignty (rather than a yes/no reality) is also recommended. (p. 97)
409.
Hüfner, Klaus (Ed.) (1995). Agenda for Change: New Tasks for the United Nations. Leverkusen: Lerke, and Budrich. 312 pp. This collection of essays results from the “New Tasks for the United Nations” project organized by the International Institute for Peace (1993– 1994). The book is divided into three sections: Retrospect and Prospect, the Security Council, and Economic and Social Changes. The “Report of the Independent Working Group on the Future of the United Nations” is included as an appendix. The major focus of the collection of papers is on the various changes needed within the United Nations to make it more efficient and just—and how best to bring the changes about without wholesale alternation of the UN Charter.
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Most of the authors are extremely pessimistic concerning the possibility that the major powers will agree to the suggested changes made herein. Many argue that the concept of an inviolate state sovereignty is insurmountable. One author, Bertrand, wisely suggests that merely making changes in the system is inadequate, and that an entirely new approach is needed—one that confronts and deals with the realities of the present. 410.
International Commission on Intervention and State Sovereignty (2001). The Responsibility to Protect: Report of the International Commission on Intervention. Two Volumes. Ottawa: International Development Research Centre. 110 pp. (Volume 1) and 426 pp. (Volume 2). Ottawa, ON, Canada: International Development Research Centre. Volume 1, The Responsibility to Protect, is an important and valuable book that reflects the effort by the International Commission on Intervention and State Sovereignty (established by the government of Canada under the auspices of the United Nations and a group of major foundations) to erect a conceptual bridge between issues related to intervention and sovereignty. In developing the book, the aim of the twelve member committee was to develop a framework that delineates (1) the complexities and problems inherent in intervention and (2) effective ways to intervene in humanitarian crises. The committee consulted policy makers, government leaders, and scholars from across the globe, and the insights and suggestions of the latter are reflected in the report. Volume 2, was developed under the leadership of Thomas Weiss and Don Hubert, includes background information, research findings, and a major bibliography that addresses a wide range of issues (conceptual, ethical, legal, political, and operational) related to intervention. What is particularly unique about the work of the International Commission is that it—following careful and close interpretation of the United Nations Charter, international law, and the sea-change in perspective as a result of the human rights regime of the latter half of the twentieth century—reconceptualized the concept of “sovereignty” to be understood as “the responsibility of a state to protect its citizens (especially those most at risk).” Furthermore, they argue and assert that where a state fails, for whatever reason, to protect all of its citizens then—but only then—the international community can, and should, intervene for the express purpose of protecting the population at risk.
411.
International Commission on Intervention and State Sovereignty (2001). “State Sovereignty,” pp. 5–13. In The International Commission on Intervention and State Sovereignty’s The Responsibility to Protect: Research, Bibliography, Background: Supplementary Volume to the Report of the
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International Commission on Intervention and State Sovereignty. Ottawa, ON, Canada: International Development Research Centre. A highly informative section of one of the most detailed and significant reports of late on the issues of intervention and state sovereignty which addresses the following issues: meaning and purpose of sovereignty, limits of sovereignty, and emerging challenges to sovereignty. 412.
International Journal of Human Rights (IJHR) (2003). “Forum: The International Commission on Intervention and State Sovereignty.” The International Journal of Human Rights, Autumn, 7(3). This issue of IJHR includes three articles about the 2001 report by the International Commission on Intervention and State Sovereignty (ICISS): “Intervention: One Step Forward in the Search for the Impossible” by Adam Roberts; “Responsibility to Protect and the Limits of Imagination by Daniel Warner; and “Reply in Defense of the Responsibility to Protect” by Ramesh Thakur.
413.
Jackson, Robert (1999). “Sovereignty in World Politics: A Glance at the Conceptual and Historical Landscape.” Political Studies, 47(3):431–456. In his introduction, Jackson, professor of Political Science at the University of British Columbia, states that My purpose is to investigate sovereignty in international relations. . . . The main questions, although by no means the only ones, that can and I believe should be asked of sovereignty are the following: What is sovereignty? What is its character and modus operandi? Who are the principals and agents of sovereignty? Who are the subjects of sovereignty? What would be involved in going beyond sovereignty in world politics? What are the values that sovereignty can be seen to uphold and defend? The remainder of the essay is devoted to suggesting some responses to these questions. (p. 431)
414.
James, Alan (2000). “The Concept of Sovereignty Revisited,” pp. 334–343. In Albrecht Schnabel and Ramesh Thakur (Eds.) Kosovo and the Challenge of Humanitarian Intervention: Selective Indignation, Collective Action, and International Citizenship. Tokyo: United Nations University Press. James, emeritus professor of International Relations at Keele University in Great Britain, addresses the following issues as they relate to Kosovo: sovereignty as status, sovereignty as rights, intervention and international law, intervention and international society, and the costs of intervention.
415.
Janis, Mark W. (1993). “States and International Law,” pp. 151–165. In Mark W. Janis’ International Law. Boston, MA: Little, Brown and Company. Section A of this chapter by Janis, professor of Law at the University of Connecticut, is entitled “Sovereignty and International Law.” The section
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provides an introduction to the principles of state sovereignty and their relationship to the concept of international law. In addition to an introduction, it is divided into two primary parts: 1. Hobbes and the Sovereign State, and 2. Grotius and the Law of War and Peace. 416.
Jentleson, Bruce W. (2000). Coercive Prevention: Normative, Political, and Policy Dilemmas. Washington, D.C.: United States Institute of Peace. 43 pp. This report by Jentleson, professor of Public Policy and Political Science at Duke University, is comprised of the following sections: 1. “Introduction: Coercive Prevention”; 2. “The Realism of Conflict Prevention”; 3. “Coercive Prevention: Argument and Evidence”; 4. “Normative Dilemma: Sovereignty as Rights versus Sovereignty as Responsibility”; 5. “The Dilemma of Political Will: How Fixed, How Malleable the Domestic Constraints?”; 6. “Policy Dilemmas: Constituting Credible Coercive Threats and Wielding Effective Preventive Force”; and 7. “Conclusion: Difficult, but Possible.” At the outset of this report, Jentleson makes the following trenchant observation: For all that has been proclaimed about the importance of preventive diplomacy, the reality of international action falls far short. While the first decade of the post-Cold War era did have some preventive successes, it was more marked (or marred) by missed opportunities. Even in such “success” cases as Kosovo [1999] and East Timor [1999], whatever may have been achieved was achieved only after mass killings, only after scores of villages were ravaged, only after hundreds of thousands were left as refugees. Yes, these conflicts were stopped from getting worse—but they were already humanitarian tragedies. (p. 5)
Jentleson goes on to assert that One of the key lessons of the first decade of the post-Cold War era is that while coercion is rarely sufficient for prevention, it often is necessary. To make this argument requires working through three fundamental dilemmas: a normative one concerning the legitimacy of coercive prevention with regard to classical conceptions of state sovereignty; a political one of whether domestic constraints can be sufficiently overcome so as to mobilize the necessary political will; and a policy one of devising strategies for constituting credible coercive threats and wielding military force preventively but effectively. Unless these core dilemmas can be mitigated, coercive prevention will continue to lack the normative, political, and policy bases it needs—and at best we will continue to do too little too late to prevent ethnic wars and other deadly “conflict.” (p. 5)
417.
Jentleson, Bruce W. (2000). “Part Four—Normative Dilemma: Sovereignty as Rights versus Sovereignty as Responsibility,” pp. 18–23. In Bruce W. Jentleson’s Coercive Prevention: Normative, Political and Policy Dilemmas. Washington, D.C.: United States Institute of Peace.
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Jentleson presents a significant discussion of the basic differences between “sovereignty as rights” and “sovereignty as responsibility”; and in doing so, he delineates “how the prevailing conception of sovereignty [has] changed over time” (p. 19). In making his argument, he observes and then states that The traditional conception of sovereignty as rights attributes to states jurisdictional exclusivity within their own borders and grants very limited and narrowly construed bases of legitimacy for other actors, whether another state or an international institution, to intervene in any form in what in their territorial locus are considered domestic affairs. . . . This conception of sovereignty as rights has been neither as absolute nor as fixed as is widely believed, however. In fact, its legitimacy has been both functionalist and relative. Going back to the seventeenth century and the Treaty of Westphalia, we see that while not a historical accident it was not a historical certainty or inevitability that state sovereignty would emerge as the organizing basis for the international system. . . . With regard to the 1945–90 period, many point to Article 2(7) of the UN Charter as the embodiment of sovereignty as rights: “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of the state.” [However,] while strict constructionists are quick to cite Article 2(7), numerous other portions of the UN Charter as well as other sources provide normative legitimacy and legal basis for the competing conception of “sovereignty as responsibility.” This emphasis on the responsibilities that come with sovereignty is founded at the most fundamental level on a conception of the individual, not the state, as the “right and duty bearing unit in international society.” It is to be stressed that the rights and responsibilities conceptions of sovereignty are not dichotomous, but rather mark out a continuum along which there are gradations and conditionalities . . . [A]cross a range of historical periods “the principle of non-intervention that is implied in the concept of sovereignty was conditional on states adhering to specific standards of behavior. . . . ” Thus as a matter of the rights of groups and individuals who constituted states, the functionality argument now works against a strict constructionist approach to states rights. (pp. 19, 20, 21)
Jentleson concludes by stating that “ . . . the central point is the need for a conception of sovereignty that . . . reflects the responsibilities that come with the rights. The scope of a state’s rights to sovereign authority is not unconditional or normatively superior to the right to security of the polity. Until and unless this conception of sovereignty as responsibility gains greater international legitimacy, international conflict prevention strategies will continue more often than not to be too little, too late” (p. 23). 418.
Jentleson, Bruce W. (2003). “The Realism of Preventive Statecraft,” pp. 26–46. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention:
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Path to Peace or Grand Illusion? New York: United Nations University Press. This chapter by Bruce Jentleson, who joined the faculty of Duke University on January 1, 2000, as director of the Terry Sanford Institute of Public Policy and professor of Public Policy and Political Science, is comprised of four sections: 1. a discussion of the empirical and analytic bases supporting the claim that preventive statecraft is possible; 2. an explanation of the strategic logic of preventative statecraft; 3. an evaluation of the problems related to the issue of political will; and 4. the delineation of specific policy recommendations (e.g., diplomatic strategies, credible preventive military force, and establishing the norm of sovereignty as responsibility). 419.
Kaufmann, Johan; Leurdijk, Dick; and Schrijuer, Nico (1991). The World in Turmoil: Testing the UN’s Capacity. New York: The Academic Council on the United Nations System. 150 pp. Section 9 (The “Sovereignty” Issue: Fragmentation versus Integration, pp. 144–149) of chapter 6 (“Conclusions: Towards a New World Order”) addresses issues related to “the changing significance of the nation-state” (including, in part, the assertion that “an innovative interpretation of the UN Charter and of Article 2.7 in particular, as well as a gradually expanding interpretation of the UN human rights covenants, would increase the internationalization of ‘domestic’ conflicts”) (p. 147).
420.
Keren, Michael, and Sylvan, Donald A. (Eds.) (2001). Dilemmas of International Intervention. London: Frank Cass Publishers. 224 pp. This collection of essays is interdisciplinary in nature and presents a balance between scholarly approaches and humanitarian concerns vis-à-vis the issue of intervention. Among the many questions that the various contributors address are: “Should sovereignty be respected under all conditions, or are there instances in which interference in a state’s internal affairs becomes not only a right, but a duty?”; “What responsibility do striking violations of international norms committed within a sovereign state pose to the international community?”; “What constitutes an international ‘community’ in this regard, and under what conditions and restraints should it intervene?”; and “What should be the role of domestic forces and international bodies in defining the need to intervene and how can justified intervention be distinguished from sheer breach of sovereignty?”
421.
King, Henry T. (1996). “Nuremberg and Sovereignty.” Case Western Reserve Journal of International Law, 28(1):135–140. In this address to the American Bar Association Annual Meeting (August 7, 1995), King, a former U.S. prosecutor at the Nuremberg trials, provides
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a succinct evaluation as to how the Nuremberg proceedings dealt with questions of sovereignty and then discusses the ramifications of the latter for today’s world. 422.
Krasner, Stephen D. (1997). “Pervasive Not Perverse: Semi-Sovereigns as the Global Norm.” Cornell International Law Journal, 30(3): 651–680. Krasner, professor of Political Science at Stanford University, argues the following in his conclusion: The assumption that the international system is composed of independent, autonomous, recognized, effective states is a wonderfully simplifying assumption for both legal reasoning and social science analysis. In many instances this assumption has provided a deeper understanding of interactions in the international environment. But for many other problems, especially issues related to minority and human rights, it has blinded observers to the multiple ways in which sovereignty has actually been manifest. There have been states with domestic sovereignty but not international legal sovereignty, with international legal sovereignty but not Westphalian sovereignty, and with Westphalian sovereignty but not domestic sovereignty. . . . Some violations of concepts of sovereignty have been stable; others have not. The only compromises of Westphalian sovereignty that have proven to be stable are ones that have been achieved through voluntary contracts among states. Coercion has not worked. (p. 679)
423.
Krasner, Stephen D. (1999). Sovereignty: Organized Hypocrisy. Princeton, NJ: Princeton University Press. 264 pp. In this book, Krasner, Graham H. Stuart Professor of International Relations and a Senior Fellow at the Institute for International Studies at Stanford University, provides a detailed and sophisticated examination of the status of “sovereignty” in today’s world. Krasner discusses, in part and among other issues and topics, various definitions of sovereignty (“interdependence sovereignty,” “domestic sovereignty,” international sovereignty,” and “the Westphalian model”); how to best understand a world of so-called sovereign states (including the fact that the concept is both normative and empirical); and the view of the “realists” and the “new worlders” (those who perceive globalization as a new and/or radical phenomenon). In chapter One, Krasner notes that in this book he “focuses primarily on Westphalian sovereignty and, to a lesser extent, on international legal sovereignty” (p. 4). He goes on to assert that The norm of autonomy, the core of Westphalian sovereignty, has been challenged by alternatives including human rights, minority rights, fiscal responsibility, and the maintenance of international stability. Moreover, in the international system principled claims have sometimes merely been a rationalization for exploiting the opportunities presented by power asymmetries.
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The logic of appropriateness of Westphalian sovereignty, the exclusion of external actors from internal authority arrangements, has been widely recognized but also frequently violated. The multiple pressures on rulers have led to a decoupling between the norm of autonomy and actual practice. Talk and action do not coincide. Rulers might consistently pledge their commitment to nonintervention but at the same time attempt to alter the domestic institutional structures of other states, and justify this practice by alternative norms such as human rights or opposition to capitalism. Rulers must speak to and secure the support of different constituencies making inconsistent demands. Nationalist groups agitate for an end to external influence; the International Monetary Fund (IMF) insists on a legitimated role in domestic policy formation. Rulers might talk non-intervention to the former, while accepting the conditionality terms of the latter. For rulers making choices in an anarchic environment in which there are many demands, multiple norms, power asymmetries, and no authoritative decision-making structures, adhering to Westphalian sovereignty might, or might not, maximize their utility. Outcomes in the international system are determined by rulers whose violation of, or adherence to, international principles or rules is based on calculations of material and ideational interests, not taken-for-granted practices derived from some overarching institutional structures or deeply embedded generative grammars. Organized hypocrisy is the normal state of affairs. (pp. 6, 7–9)
424.
Lepgold, Joseph, and Weiss, Thomas G. (Eds.) 1998). Collective Conflict Management and Changing World Politics. Albany: State University of New York Press. 245 pp. In this book, the contributors probe the international and domestic conditions under which collective security tends to work or not, and question if the end of the cold war makes success more or less likely than before. The contributors conclude that “collective conflict management is possible under specific situations, as they enumerate various domestic and international requisites that circumscribe such possibilities.” The book is comprised of three parts and nine chapters: Part One: Collective Conflict Management: Theoretical and Historical Perspectives (1. “Collective Conflict Management and Changing World Politics: An Overview” by Joseph Lepgold and Thomas G. Weiss, and 2. “Theoretical and Historical Perspectives on Collective Security: The Intellectual Roots of Contemporary Debates about Collective Conflict Management” by Alan C. Lamborn); Part Two: Collective Conflict Management: Military Operations and Political Interests (3. “NATO’s Post-Cold War Conflict Management Role” by Joseph Lepgold, 4. “The Limits of Peacekeeping, Spheres of Influence, and the Future of the United Nations” by Michael N. Barnett; 5. “Constraints on Adaptation in the American Military to Collective Conflict Management Missions” by Robert B. McCalla; and 6. “Somalia, Bosnia, and Haiti: What Went Right, What Went Wrong?” by Andrew Bennett); and Part Three:
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Collective Conflict Management: The Humanitarian Impulse (7. “Changing Norms of Sovereignty and Multilateral Intervention” by Bruce Cronin; 8. “Military Intervention and the Organization of International Politics” by Martha Finnemore; and 9. “Collective Humanitarian Conflict Management: More or Less than the Millennium?” by Thomas G. Weiss). 425.
Loone, Eero (2002). “Nationalism and Sovereignty Overrides: Permissibility of Intervention in Others Polities,” pp. 155–180. In Fred Dallmayr and José M. Rosales (Eds.) Beyond Nationalism? Sovereignty and Citizenship. Lanham, MD: Lexington Books. In his introduction, the author notes that “This chapter will investigate possible permissibility and even obligatoriness of interventions within other states and the charge of the reemergence of colonialism under the guise of liberal values” (p. 156). In addressing the latter, the following topics/issues are discussed: clarification of the concepts of sovereignty, interventions, and overrides; intervention against genocide; humanitarian interventions for other purposes; protection of property; protection of religion; the installation and operation of democracy; and interstate government.
426.
Lyons, Gene, and Mastanduno, Michael (Eds.) (1995). Beyond Westphalia? State Sovereignty and International Intervention. Baltimore, MD: Johns Hopkins University Press. 360 pp. The contributors to this book of essays examine whether recent political changes have shifted the balance between the sovereign rights of states and the authority of the international community to the point where the latter can legitimately undertake action when global norms are violated. In doing so, the authors make a distinction between multilateral and unilateral intervention, and address the question of whether intervention can be justified in order to promote humanitarian goals.
427.
Makinda, Samuel M. (2002). “The Global Convenant as an Evolving Institution.” The International Journal of Human Rights, Spring, 6(1):113–126. Written in response to Mohammed Ayoob’s “Humanitarian Intervention and State Sovereignty,” Makinda’s article is comprised of the following sections: Sovereignty Vis-à-Vis Other Institutions; Different Incarnations of Sovereignty; and People, States and Justice.
428.
Malone, David M. (2003). “The Security Council in the Post-Cold War Era: A Study in the Creative Interpretation of the U. N. Charter.” Journal of International Law and Politics, Winter, 35(2):487–517. Malone, president of the International Peace Academy in New York City, states that
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My central thesis on the recent performance of the U. N. Security Council will be that, through its decisions over the past ten years, largely improvised and inconsistent though they be, the Council has, for good or ill, eroded the foundations of absolute conceptions of state sovereignty and fundamentally altered the way in which many of us see the relationship between state and citizen the world over. . . . Interpretations of what developments may constitute “threats to the peace,” interpretations of the terms of Chapter VII of the Charter, and practice under Chapter VII all have evolved significantly in the post-Cold War era without Charter amendment or a clean break with earlier interpretations. (p. 487).
One of the sections of this article is entitled “Cumulative Impact of Council Decisions on National Sovereignty.” 429.
Maogoto, Jackson Nyamuya (2004). State Sovereignty and International Criminal Law: Versailles to Rome. Ardsley, NY: Transnational Publishers, Inc. 311 pp. This book is comprised of the following chapters: 1 “The Concept of Sovereignty and the Development of International Law”; 2. “World War I: Sowing the Seeds of Challenge to State Sovereignty”; 3. “World War II: Reaping the Fruits of the Challenge to State Sovereignty”; 4. “The Cold War: The 20th Century’s Third Hegemonic Struggle”; 5. “The Yugoslav Tribunal: State Sovereignty in the Shadow of International Justice”; 6. “The Rwandan Tribunal: Gaining Ground in the Diminution of State Sovereignty”; and 7. “The International Criminal Court: Challenges and Concessions to the Westphalian Model.”
430.
Marks, Jonathan H. (2004). “Mending the Web: Universal Jurisdiction, Humanitarian Intervention and the Abrogation of Immunity by the Security Council.” Columbia Journal of Transnational Law, 42(2):445–490. In the summary of this article, Marks (a barrister in the Matrix Chambers, London, who served as counsel for Human Right Watch in the Pinochet litigation in England) notes that This Article re-examines the rationales for and objections to universal jurisdiction, and argues that where public officials perpetrate serious international crimes, the arguments for upholding immunity are weak. In such cases, the arguments for criminal jurisdiction as a less invasive form of humanitarian intervention may be compelling. The Article contends that the [UN] Security Council should withdraw immunity in such cases and that, although this would be novel, there is both legal authority and historical precedent to support such action. Although it will be a challenge for the Council to withdraw immunity on a principled basis, this challenge should not be insurmountable, at least where the immunity of an official of a permanent member of the Council is involved. (pp. 445–446)
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431.
Matthews, Jessica T. (1997). “Power Shift.” Foreign Affairs, January/February, 76(1):50–66. Matthews, senior fellow at the Council on Foreign Relations in Washington, D.C., argues that the conclusion of the cold war has brought about a unique distribution of power amongst nations, markets, and civil society. More specifically, she argues that “National governments are not simply losing autonomy in a globalizing economy, they are sharing powers—including political, social, and security roles at the core of sovereignty—with business, with international organizations, and with a multitude of citizens groups, known as nongovernmental organizations (NGOs). The steady concentration of power in the hands of states that began in 1648 with the Peace of Westphalia is over, at least for a while” (p. 50). Concluding her essay, Matthews argues as follows: Might the decline in state power prove transitory? Present disenchantment with national governments could dissipate as quickly as it arose. Continuing globalization may well spark a vigorous reassertion of economic or cultural nationalism. By helping solve problems governments cannot handle, business, NGOs, and international organizations may actually be strengthening the nation-state system. These are all possibilities, but the clash between the fixed geography of states and the nonterritorial nature of today’s problems and solutions, which is only likely to escalate, strongly suggests that the relative power of states will continue to decline. Nation-states may simply no longer be the natural problem-solving unit. . . . The evolution of information and communications technology . . . will probably heavily favor nonstate entities . . . over states. The new technologies encourage noninstitutional, shifting networks over the fixed bureaucratic hierarchies that are the hallmark of the single-voiced sovereign state. They dissolve issues’ and institutions’ ties to a fixed place. And by greatly empowering individuals, they weaken the relative attachment to community, of which the preeminent one in modern society is the nation-state. If current trends continue, the international system 50 years hence will be profoundly different. During the transition, the Westphalian system and an evolving one will exist side-by-side. States will set the rules by which all other actors operate, but outside forces will increasingly make decisions for them. In using business, NGOs, and international organizations to address problems they cannot or do not want to take on, states will, more often than not, inadvertently weaken themselves further. . . . At least for a time, the transition is likely to weaken rather than bolster the world’s capacity to solve its problems. (pp. 65–66)
432.
May, Larry (2005). Crimes Against Humanity: A Normative Account. New York: Cambridge University Press. 326 pp.
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This book examines the philosophical foundations of international criminal law. The focus is on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. The book is comprised of the following: Part I. Universal Norms and Moral Minimalism: 1. “Introduction”; 2. “Jus Cogens Norms”; 3. “Custom, Opinio Juris, and Consen”; Part II. Principles of International Criminal Law: 4. “The Security Principle”; 5. “The International Harm Principle”; 6. “International Crime: The Case of Rape”; Part III. Prosecuting International Crimes: 7. “Prosecuting Minor Players for Crimes Against Humanity”; 8. “Prosecuting State Leaders for Crimes Against Humanity”; 9. “Prosecuting Genocide Amidst Widespread Complicity”; Part IV. Defenses and Alternatives: 10. “Superior Orders, Duress, and Moral Perception”; 11. “The International Rule of Law”; 12. “Victims and Convictions”; and 13. “Reconciliation and Amnesty Programs.” 433.
Mays, Terry M. (2002). The 1999 United Nations and 2000 Organization of African Unity Formal Inquiries: A Retrospective Examination of Peacekeeping and the Rwandan Crisis of 1994 (Paper Number 7 of the Pearson Papers). Clementsport, Nova Scotia: The Canadian Peacekeeping Press of the Pearson Peacekeeping Centre. 37 pp. Several factors for failure of the peacekeeping operation to prevent the 1994 genocide in Rwanda are highlighted within the UN and OAU investigations, and each is explored in this study. Also discussed is whether the two thousand member UN-peacekeeping operation in Rwanda could have halted the genocide and whether the political will existed to accomplish the task. Five options for the future are reviewed and a postscript includes a brief discussion of the relationship between state sovereignty and humanitarian intervention as delineated in the report by International Commission on Intervention and State Sovereignty.
434.
Mertens, Thomas (2004). “Humanitarian Intervention: Legal and Moral Arguments,” pp. 215–232. In Georg Meggle (Ed.) Ethics of Humanitarian Interventions. Frankfurt: Ontos Verlag. Mertens reports that This paper wants to contribute to the discussion on humanitarian intervention by bringing the main legal and moral viewpoints together. First, it will briefly discuss public international law as it has developed within the setting of the Charter of the United Nations. After that, the current state of affairs within political philosophy will be displayed by paying attention to a number of leading theories, varying from the rejection of humanitarian intervention by Kant and Stuart Mill to the acceptance of a limited right of intervention by
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Walzer. Subsequently, assuming that such a right exists, I will ask what the corresponding duty should be. Here I will briefly discuss Hegel’s critique on Kant and Habermas’ hesitations regarding the Kosovo intervention. Finally, I will argue that a correct assessment of humanitarian intervention requires a new approach, and I suggest that Rawls’ The Law of Peoples constitutes such an approach. (pp. 14–15)
435.
Miller, Lynn H. (1990). Global Order: Values and Power in International Politics. Boulder, CO: Westview Press. 267 pp. Miller, professor of Political Science at Temple University, explores and explains the changing nature of international relations—including such key issues as sovereignty and intervention. The nine chapters that make up the book are: 1. “The Best and Worst of Times”; 2. “The Growth of the Westphalian System”; 3. “The TwentiethCentury Challenge to Westphalian Order”; 4. “Power and Values in World Society”; 5. “Minimizing the Resort to Violence”; 6. “The Search for Economic Well-Being”; 7. “The Enhancement of Human Dignity”; 8. “The Closing of the World Frontier”; and 9. “Toward Better Times.”
436.
Mills, Kurt (1998). Human Rights in the Emerging Global Order: A New Sovereignty? New York: St. Martin’s Press. 256 pp. Mills, professor of Political Science at The American University in Cairo, Egypt, investigates how “the concept of sovereignty is changing as a result of normative, empirical, and institutional developments. From a normative political theory perspective, he argues that respect for human rights, popular sovereignty, and self-determination are inherent in the social purpose of the state and thus must be considered when evaluating claims to sovereignty and non-intervention. He goes on to examine how recent international practice in the areas of human rights, self-determination, refugees and human migration, and humanitarian intervention are challenging traditional conceptions of sovereignty in important, yet ambiguous, ways. He also provides policy prescriptions to deal with continuing humanitarian problems. He concludes that the concept of sovereignty is changing, at best in ambiguous ways, and argues that what is needed is a more fluid notion of sovereignty that recognizes the partial, multiple, and overlapping centers and levels of authority and power that are developing in the emerging global order.” The book is comprised of the following six chapters: Chapter 1. “Reconstructing Sovereignty”; 2. “The Quest for Community: International Changes to Sovereignty”; 3. “Permeable Borders: Human Migration”; 4. “Humanitarian Access and Intervention”; 5. “The Institutional Foundations of the New Sovereignty” and 6. “Concluding Observations in the New Sovereignty.”
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Monshipouri, Mahmood, and Welch, Claude E. (2001). “The Search for International Human Rights and Justice: Coming to Terms with the New Global Realties.” Human Rights Quarterly, 23(2):370–401. In their introduction, Monshipouri (professor and chair of the Political Science Department at Quinnipiac University) and Welch (SUNY Distinguished Professor of Political Science) write: “To assess the evolution of international human rights since the end of the Cold War, we analyze a complex array of issues, from sovereignty to intervention, from globalization to international justice [including the ad hoc international criminal tribunals in the Former Yugoslavia and Rwanda, and the Pinochet case], issues that brought enormous pressure to state policymakers as they face these new realities” (p. 372).
438.
Murphy, Sean (1996). Humanitarian Intervention: The United Nations in an Evolving World Order. Philadelphia: University of Pennsylvania Press. 427 pp. Murphy provides a detailed discussion of the historical development of constraints on the use of force and humanitarian intervention prior to, during, and after the Cold War. He asserts that the major challenge for the international community in the years ahead will be in reconciling the norms against intervention with the ever-increasing tendency to intervene on a sovereign state’s territory for the express purpose of attempting to help those who are being subjected to human rights violations.
439.
Mychajlyszyn, Natalie, and Shaw, Timothy M. (2005). Twisting Arms And Flexing Muscles: Humanitarian Intervention and Peacebuilding In Perspective. Burlington, VT: Ashgate. 151 pp. Using empirical analysis and case studies, the authors examine the complexities and dynamics associated with the application of military force for humanitarian assistance and peacebuilding. It focuses primarily on case studies of recent crises in Africa and the Balkans.
440.
Nardin, Terry (2002). “The Moral Basis of Humanitarian Intervention.” Ethics & International Affairs, 16(1):57–70. Nardin first observes and then asserts the following: Humanitarian intervention is usually discussed as an exception to the nonintervention principle (i.e. states are forbidden to exercise their authority, and certainly to use force, within the jurisdiction of other states). The principle finds firm support in the United Nations Charter, which permits a state to defend itself from attack but forbids the use of armed force against the territorial integrity or political independence of other states. Taken literally, these provisions prohibit armed intervention, including intervention to protect
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human rights. And in general, humanitarian intervention finds scant support in modern international law. There is, however, a much older tradition in which the use of force is justified not only in self-defense but to punish wrongs and protect the innocent. This tradition is in some tension with modern international law and especially with the UN Charter. It holds that armed intervention is permissible to enforce standards of civilized conduct when rulers violate these standards, and finds expression today in the widely held opinion that states, acting unilaterally or collectively, are justified in enforcing respect for human rights. It is this enduring tradition, not current international law, that best explains the moral basis of humanitarian intervention. [Herein,] I examine arguments made in early modern Europe for using armed force to uphold natural law. I want to understand how what we now call humanitarian intervention was conceived by moralists, theologians, and philosophers writing about international relations before the emergence of modern international law. My aim is not to read current concerns back into a period that might not have shared them, but rather to see whether earlier ideas about the use of force to protect people from injuries inflicted or tolerated by their own governors might illuminate current debates. Second, I consider how humanitarian intervention is justified within a powerful reformulation of natural law worked out by philosophers influenced by Immanuel Kant. This post-Kantian version of natural law, which I follow Alan Donagan in calling “common morality,” suggests why humanitarian intervention remains morally defensible despite modern efforts to make it illegal. (pp. 57–58)
441.
Pease, Kelly Kate, and Forsythe, David P. (1993). “Human Rights, Humanitarian Intervention, and World Politics.” Human Rights Quarterly, 15(2):290–314. In their introduction, the authors (a Ph.D. candidate in the Department of Political Science at the University of Nebraska, and a professor of Political Science at the University of Nebraska, respectively) comment as follows: “A persistent question is receiving renewed attention at the end of the twentieth century: Is the international community entitled to override state sovereignty in the interest of protecting persons? United Nations’ action concerning Iraqi Kurds during 1991–1992 is but one manifestation of this renewed tension between state sovereignty and human rights” (p. 290). This essay is comprised of the following parts: I. Principles of State Sovereignty and Nonintervention; II. The Internationalization of Human Rights; III. Force—Unilateral and Multilateral; IV. Gross Violations?; and Conclusions.
442.
Pellet, Alain (2000). “State Sovereignty and the Protection of Fundamental Human Rights; An International Law Perspective,” pp. 37–45. In Pugwash Study Group (Ed.) Pugwash Study Group on Intervention, Sovereignty and
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International Security. February, 1(1): 37–45. Cambridge, MA: Council of the Pugwash Conferences on Science and World Affairs. In his introduction, Pellet states that “The purpose of this very brief paper is to show that sovereignty, properly defined, is not a defense for breaches of gross violations of fundamental human rights” (p. 37). It includes an instructive discussion of “simply binding” versus “peremptory norms of general public international law,” and the ramifications of each in relation to the issues of sovereignty and “internal affairs.” Pellet concludes with an application of his argument to the situation in Kosovo in early 1999. 443.
Philpott, Daniel (1997). “Ideas and the Evolution of Sovereignty,” pp. 15–48. In Sohail H. Hashmi (Ed.) State Sovereignty: Change and Persistence in International Relations. University Park: The Pennsylvania State University Press. In his introduction, Philpott, professor of Political Science at the University of California, Santa Barbara, makes the following observations: Against the spirit of the “end of history,” new political entities are claiming new forms of authority: secessionist republics in the former Yugoslavia assert independence; the UN sanctions intervention on the grounds of humanitarianism and democracy in Somalia, Bosnia, Iraq, Rwanda, and Haiti, all without the consent of local parties; and legal scholars have noted an “emerging right to democratic governance” that makes domestic government a matter of international concern. International institutions—the United Nations and the European Union—have recognized and supported the new authority, eroding the sanctity of sovereignty upon which they have vigorously insisted since World War II. Admittedly, it is not yet certain whether these new practices will become durable fixtures in the new world order. But if they do, it will represent one of the rare turning points—a revolution in sovereignty—since medieval times that new orders of international authority have come about (pp. 15–16).
Among the many issues addressed in this essay are: Sovereignty: A Definition and Brief History; Sovereignty, Power and Ideas; Sovereignty and Statehood: The Revolution at Westphalia; Protection of Nations and Minorities: The Road to Versailles; and the Freeing of Colonies. 444.
Philpott, Daniel (1999). “Westphalia, Authority, and International Society.” Political Studies, 47(3):566–589. In his introduction, Philpott writes as follows: The Peace of Westphalia, the 1648 settlement of the Thirty Years War, now eponymous among scholars for our system of sovereign states, is 350 years old. Audacious claimants of change commemorate this birthday as a funeral rite. They speak grandly, of our own times as interesting, of sovereignty’s erosion, of moving beyond Westphalia, of a new medievalism, all realized through
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the expansion of the European Union, the rise of internationally sanctioned intervention, and governments’ loss of control over goods, money, migrants, investment, drugs and terrorists—moving across borders, ever quickening. Predictably, to others, this talk is fustian. None of the Westphalia Settlement’s words is lapidary: the rise of state sovereignty at Westphalia, the robustness of state sovereignty since Westphalia, and the fall of state sovereignty today are all overrated. If the seers are right, then Westphalia is properly commemorated, and our times interesting. Changes in international politics after the Cold War are more fundamental than the usual sorts of changes that follow the usual major wars: crownings of new hegemons, constructions of new schemes for maintaining peace and order, and ascents of new victors of the game with new players and new rules, indeed, as I shall argue, a revision in the constitutional authority underlying international relations. Our literature, though, lacks a concept that would tell us whether this sort of change is taking place, and if so, how it compares in quality and scale with previous changes in international authority. So that is what I propose: To develop the concept of the constitution of international relations. In the first half of the paper, I explicate the concept. In the second half, I use it to characterize international history—as one of successive constitutional changes, and finally to judge the allegations of contemporary revolution. (pp. 566–567)
The essay is comprised of the following sections and subsections: The Constitution of International Society; The Three Faces of Authority; But What Exactly Are Constitutions of International Society?; A Brief History of Constitutions of Society in the West; Toward a System of Sovereign States (The Revolution at Westphalia, Westphalian Europe and the Rest of the World, The Rise of Colonial Independence); Away from a System of Saving States (Minority Treaties, The Return of European Unity, Internationally Sanctioned Intervention, Other Circumscriptions of Sovereignty); and Conclusions. 445.
Pieterse, Jan Nederveen (Ed.) (1998).World Order in the Making: Human Intervention and Beyond. Basingstoke: Macmillan. 276 pp. This volume of nine essays (most of which were delivered at a symposium at the Institute of Social Studies in 1996) combine perspectives from international law, international relations, organization studies, political philosophy, and media studies. The unifying issue herein is the tension between state sovereignty and basic human rights in the post-cold war world. In his introductory and concluding chapters, Pieterse wisely asserts that humanitarian intervention cannot, alone, solve the various causes of conflict, and that theorists, activists, and politicians need to also consider and address such issues as global democratization and global development.
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Political Studies (1999). Special Issues: “Sovereignty at the Millennium, 47(2). This special issue of Political Studies is comprised of the following articles: “Introduction: Sovereignty at the Millennium” by Robert Jackson; “Sovereignty in World Politics: A Glance at the Conceptual and Historical Landscape” by Robert Jackson; “The Practice of Sovereign Statehood in Contemporary International Society” by Alan James; “Sovereignty, Nationalism, and Self Determination” by James Mayall; “The Sharing of Sovereignty: The European Paradox” by William Wallace; “Sovereignty and the Third World State” by Christopher Clapham; “The United Nations in the 1990s: Proactive Cosmopolitanism and the Issue of Sovereignty” by Paul Taylor; “Westphalia, Authority, and International Society” by Daniel Philpott; and “Sovereignty: Change and Continuity in a Fundamental Institution” by Georg Sørensen.
447.
Pugwash Study Group (2000). The Pugwash Study Group on Intervention, Sovereignty, and International Security. February, 1(1):1–63. This booklet contains three essays: “Secessions, Interventions and Just War Theory: The Case of Kosovo” by Hugh Beach; “State Sovereignty and the Protection of Fundamental Human Rights: An International Law Perspective” by Alain Pellet; and “The Politics of Intervention” by Gwyn Prins. The editor notes that, “Quite purposively, this first volume of the Pugwash Occasional Papers explores in depth those attitudes and arguments (mostly Western) in favor of humanitarian intervention, even when intervention lacks a formal mandate from the United Nations” (p. 1).
448.
Rabkin, Jeremy (2004). The Case for Sovereignty: Why the World Should Welcome American Independence. Washington: AEI Press. 272 pp. Rabkin (professor in the Department of Government at Cornell University) defends the concept of sovereignty against common misunderstandings and distortions, and shows how the American Founders (and subsequent generations of statesmen) relied upon sovereignty as the most basic principle of international affairs. He argues that contemporary Europeans have derided sovereignty and sought to drag other states into institutions of global governance that deprive states of their right to make their own decisions. He goes on to argue that the United States should not abandon its historic right to make its own choices—not, at least, without abandoning the Constitution. He also makes a case that non-European countries are also likely, over the long run, to prefer a world of sovereign states. The book is comprised of the following chapters: 1. “Sovereignty in Principle”; 2. “Sovereignty Despite the Atlantic Community”; 3. “Sovereignty
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and Security”; 4. “Holy Empire of Human Rights”; 5. “Trade Rights and Sovereignty”; and 6. “American Aims in a Diverse World.” 449.
Rosenau, James N. (1997). Along the Domestic-Foreign Frontier: Exploring Governance in a Turbulent World. New York: Cambridge University Press. 467 pp. In the chapter entitled “Sovereignty,” Rosenau, who is affiliated with George Washington University, inquires “into the ways in which the sovereign rights of states are undergoing diminution in the face of the many forces that are widening the domestic-foreign frontier” (p. 128). Among the many issues he discusses in this chapter are: the sovereignty continuum; sovereignty in a turbulent world (situational determinants, domestic determinants, international determinants, and legal determinants); and sovereignty’s future.
450.
Rotberg, Robert I. (Ed.) (1996). Vigilance and Vengeance: NGOs Preventing Ethnic Conflict in Divided Societies. Washington, D.C. Cambridge, MA: Brookings Institution Press and the World Peace Foundations, respectively. 277 pp. In the Preface to this book, Rotberg writes as follows: Ethnic, religious, and cultural fratricide remains a constant global theme. The end of the Cold War unleashed long-suppressed rivalries and hatreds. . . . Not all of Europe, Asia, Africa, or Latin America is tense and inflamed by ethnic and religious animosity. In some situations non-governmental organizations (NGOs), local and international, have helped to bring conflicts back from one or more brinks. What lessons about early warning, early action, and preventive diplomacy have been learned? Discerning those lessons and stanching continuing hostilities around the globe motivated an urgent project sponsored by the World Peace Foundation and the Program on Non-Governmental Organizations of the Harvard Institute for International Development. Could NGOs help peace break out? Could their efforts improve the world’s ability to contain ethnic and religious violence through the exercise of preventive diplomacy? In particular, could NGOs contribute to the early warning of conflicts and thus to early action that would reduce their intensity and potentially diminish killings? . . . Convened exactly a year after the massacres in Rwanda, amid continuing troubles in Burundi . . . , the meeting explored the role that NGOs had played and could play in reducing ethnic and religious conflict in troubled countries. The meeting . . . was devoted to both theory and practice and to drawing out the lessons for preventive diplomacy and early warning derived from the cases. The participants in the discussions came from relief and human rights NGOs, both local and international; from diplomatic ranks; from the academy; from the press; and from foundations with interests abroad. The participants discovered that preventive diplomacy represents a host of efforts on the part of both local and international NGOs, sometimes in
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concert, often not. Likewise, early warning embraces a kaleidoscope of early, not-so-early, and belated bellringings. In Rwanda those signals were heeded only far too late. In Macedonia and Burundi, early warning has been ample, but killings continue anyway in Burundi. Early warning, however, has not always been followed by effective early action—certainly not in Rwanda or Burundi . . . (pp. vi–vi)
The book is comprised of the following parts and chapters: International Preventive Action (“Introduction” by Emily MacFarquhar, Robert I. Rotberg, and Martha A. Chen; 1. “International Preventive Action: Developing a Strategic Framework” by Kalypso Nicolaïdis); Guatemala (2. “The Search for Peace and Justice in Guatemala: NGOs, Early Warning, and Preventive Diplomacy” by Tom Lent; 3. “Guatemalan Indigenous NGOs and Their Capacity for Early Warning” by Rachel M. McCleary); Macedonia (4. “International NGOs in Preventive Diplomacy and Early Warning: Macedonia” by Eran Fraenkel; 5. “NGOs, Early Warning, and Preventive Action: Macedonia” by Violeta Petroska Beska); Sri Lanka (6. “Sri Lanka’s Ethnic Conflict and Preventive Action: The Role of NGOs” by Neelan Tiruchelvam); Nigeria (7. “Before ‘Things Fall Apart’ in Nigeria: The Role of Non-Governmental Human Rights Organizations in Conflict Prevention” by Melissa E. Crow and Clement Nwankwo); The Sudan (8. “Sovereignty and Humanitarian Responsibility: A Challenge for NGOs in Africa and the Sudan” by Francis M. Deng); 9. Rwanda (“Making Noise Effectively: Lessons from the Rwandan Catastrophe” by Alison L. Des Forges); Burundi (10. “Humanitarian Assistance and Conflict Prevention in Burundi” by Richard A. Sollom and Darren Kew); and NGOs, Early Action, and Preventive Diplomacy (11. “Conclusion: NGOs, Early Warning, Early Action, and Preventive Diplomacy” by Robert I. Rotberg). 451.
Roth, Brad R. (1999). Government Illegitimacy in International Law. Oxford: Oxford University Press. 439 pp. This is an extremely useful book for those concerned with the prevention and intervention of genocide and the latter’s relationship to issues of state sovereignty, internal affairs, humanitarian intervention, and international law. The book is comprised of the following ten chapters: 1. “International Politics, International Law, and the Legitimacy of Domestic Governments”; 2. “Legal Legitimacy in Theoretical Perspective”; 3. “Popular Sovereignty and Domestic Constitutional Orders”; 4. “The Rise and Fall of Revolutionary-Democratic Dictatorship”; 5. “Legal Legitimacy and Recognition of Governments: A Doctrinal Guide”; 6. “Ascertaining the Will of ‘Peoples’: Governmental Illegitimacy and Self-Determination”; 7. “Two Governments, One State: Recognition Contests and the Use of Force”; 8. “Governmental
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Illegitimacy and Political Participation”; 9. “Haiti and Beyond: Popular Will and De-Legitimation in the 1990s”; and 10. “Conclusion: Sovereignty and Popular Will.” 452.
Schrijver, Nico (2000). “The Changing Nature of State Sovereignty,” pp. 65–98. In James Crawford and Vaughan Lowe (Eds.) The British Year Book of International Law. Oxford: The Clarendon Press. In his introduction, Schrijver, professor of International Law at the Free University Amsterdam and Institute of Social Studies at the Hague, states that The Peace of Westphalia of 1648 is often seen as marking the emergence of the idea of the sovereign state. Over 350 years later, various challenges are emerging to the role of natural sovereignty as the basic principle for organizing global society. Even the demise of the idea of the sovereign state is increasingly being heralded. This article investigates the validity of these challenges first by reviewing the context and historical significance of the Peace of Westphalia and then by examining the evolution of the concept of sovereignty in international law [including challenges to national sovereignty]. (p. 66)
453.
Smith, Anne-Marie (1998). Advances in Understanding International Peacemaking. Washington, D.C.: United States Institute of Peace. 57 pp. In the Foreword to this piece, David Smock, director of grants programs for the United States Institute of Peace, notes the following: In these early years of the post-Cold War era, war and peace are being manifested in wholly new ways. Classic interstate wars are giving way to internal conflicts that pit different regions, ethnic groups, and religions against each other. International organizations and unofficial diplomacy are gaining prominence in managing such conflicts. Nongovernmental organizations (NGOs) are emerging as international actors in their own right, increasingly engaged as conflict managers, but also raising anew questions about their supposed neutrality in the distribution of humanitarian aid. Moreover, these new manifestations of conflict and emerging actors raise even more questions about the international legal principles of sovereignty and nonintervention. We asked the author, political scientist Dr. Anne-Marie Smith, to review most of the grant products [which resulted from grants issued by the United States Institute of Peace] that have been published over the last decade and extract from them new insights and learnings. We asked her to convey her conclusions in the form of essays on several major themes, drawing lessons from these grant products. Although Dr. Smith did not attempt to include all Institute grants in her essays, all of the nearly 100 works cited in this report are products of Institute grants. Our hope is that the set of essays contained in this report will be instructive to scholars who may be familiar with many of these works but may not have
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approached them from this perspective or from the same breadth of coverage. Our greatest hope, however, is that this report will benefit practitioners who usually do not have the time required to read such a wide range of scholarly works.
Dr. Smith has derived insights and drawn lessons on several timely issues confronting practitioners, including: • new policy approaches to such issues as ethnic conflict and the provision of humanitarian assistance; • the effective use of unofficial diplomacy in such trouble spots as Burundi, Kosovo, [and] Somalia; • an analytic perspective on the flux in international institutions, including the second generation of UN peacekeeping; and • an overview of ongoing debates on such key issues as sovereignty, intervention, and the democratic peace proposition. (pp. ii) The pamphlet is comprised of the following seven sections: 1. Questions of Sovereignty and Nonintervention; 2. International Organizations; 3. Unofficial Diplomacy; 4. Managing Ethnic Conflict; 5. Democratic Peace Propositions; 6. Nonviolence; and 7. Humanitarian Aid. 454.
Smith, Tony (2000). “Morality and the Use of Force in a Unipolar World: The ‘Wilsonian Moment’?” Ethics and International Affairs, 14:11–22. This piece by Smith, professor of Political Science at Tufts University, is comprised of the following: The Case Against Wilsonianism; The Case for Wilsonianism (Moral Responsibility; National Security Liberalism; The “Indispensable Nation” [the United States]); New Rules of Engagement; and Conclusion: Unilateralism with Allies. Under “New Rules of Engagement,” Smith makes the following argument: When . . . might military force properly be used? The presumption of sovereignty implies that human rights violations must be gross. . . . Further, the use of force must be proportional to the wrong to be righted and be buttressed by credible arguments that it will succeed in the goals it sets. A system of triage might assume that in places like Afghanistan or Congo, where anarchy reins, or in Chechnya or Tibet, where powerful forces are already in place to block intervention, any thought of humanitarian involvement that has a military component is foolhardy and to be dismissed out of hand. Finally, collateral interests—such as building alliances, controlling refugees, containing violence, or securing needed raw materials—should be frankly acknowledged as working with humanitarian concerns. . . . Still, where military action is called for, the promotion of human rights and democracy mandates changes from existing rules of engagement. First,
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intervention should come early, before blood is spilled. . . . This observation directly contradicts today’s doctrine—backed by public opinion—which has the disadvantage of waiting so long for diplomatic efforts or economic embargoes to work that when force is finally used it must come in large amounts for long periods of time. “Peacekeeping” and “preventive diplomacy” must have a military arm if they are to be successful. Second, regrettable though it may be, no clear exit strategy is likely to be given to military forces engaged in humanitarian intervention. “Mission creep” that leads from military intervention for humanitarian purposes to nation building is an ineluctable process with a dynamic that is difficult to avoid and must therefore be anticipated and dealt with. The third and final change in the requirements for U.S. engagement depends not on the conduct of our armed forces but on the leadership of the government in Washington. . . . [I]ts for the president, backed by the Congress, to persuade the public as to why the support for human rights and democratic government in certain regions of the world is in the national interest as well as of humanitarian concern. (pp. 20, 21)
455.
Spiro, Peter (2000). “The New Sovereigntists: American Exceptionalism and Its False Prophets.” Foreign Affairs, November/December, 79(6):9–15. A short but thought-provoking essay that argues that old-fashioned, conservative anti-internationalists continue to hold sway among American policymakers. . . . [A]nti-internationalism claims a growing intellectual following. This group of academics—many of whom are highly credentialed and attached to prestigious institutions or conservative Washington [D.C.] think tanks—has developed a coherent blueprint for defending American institutions against the alleged encroachments of international ones. This school does not oppose international engagement per se and thus cannot be classified simply as isolationist. Rather, it holds that the United States can pick and choose the international conventions and laws that serve its purpose and reject those that do not. (p. 9)
Throughout the 1990s, in fact, the United States has refused to support various and significant multilateral efforts relating, to, among others, war crimes and human rights issues. For example, the Clinton administration refused to sign the Rome Treaty, whose purpose was the establishment of an international criminal court and the Bush (2000–2008) administration demanded exemption from prosecution by the ICC of its military personnel and other governmental officials Spiro argues that “[a]t the center of the thinking of such individuals and groups “stands the edifice of sovereignty. Sovereignty, in this conception, calls for America to resist the incorporation of international norms and drapes the power to do so in the mantle of constitutional legitimacy” (p. 9)
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Spiro further argues that this “New Sovereignitism” is flawed in three different ways: “The first impugns the content of the emerging international legal order as vague and illegitimately intrusive in domestic affairs. The second condemns the international lawmaking process as unaccountable and its results as unenforceable. Finally, New Sovereignitism assures that the United States can opt out of international regimes as a matter of power, legal right, and constitutional duty” (p. 10). Spiro argues that such assumptions are not only flawed, but, in certain cases, nonsensical. 456.
Stedman, Stephen Jay (1999). International Actors and Internal Conflicts. New York: Project on World Security, Rockefeller Brothers Fund. 31 pp. This report, by a senior research scholar at the Center for International Security and Cooperation at Stanford University, presents a survey of the recent literature on the role of international actors in international conflicts. In doing so, it addresses such issues and activities as conflict exacerbation, preventive action, mediation, peacekeeping and peace enforcement, the implementation of peace agreements, and structural mediation. It examines the role of various international actors, including states, international organizations, regional organizations, and non-governmental organizations (NGOs). The essay also includes a section entitled “What Should Sovereignty Be?”
457.
Taylor, Paul (1999). “The United Nations in the 1990s: Proactive Cosmopolitanism and the Issue of Sovereignty.” Political Studies, 47(3): 538–65. This article by Taylor, professor of International Relations and chair of the Department, London School of Economics, is comprised of the following sections and subsections: Introduction; The Evolution of the System (The Changing Role of the UN and Peace Maintenance; Peace Maintenance in Longer Perspective); The UN Agenda After the End of the Cold War (The New UN and Crisis Response; Democratization and Globalization); Sovereignty and Cosmopolitanism in the Late 1990s: A Neo-Westphalian System?); and Conclusions.
458.
Tesón, Fernando R. (1996). “Changing Perceptions of Domestic Jurisdiction and Intervention,” pp. 29–51. In Tom Farer (Ed.) Beyond Sovereignty: Collectively Defending Democracy in the Americas. Baltimore, MD: The Johns Hopkins University Press. In his introduction to this essay, Tesón, Professor of Law at Arizona State University, states the following: The Charter of the United Nations prohibits the organization from intervening “in matters which are essentially within the domestic jurisdiction of any state.” This limitation does not apply to the enforcement measures taken by the UN Security Council under Chapter VII of the Charter. The prohibition in
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Article 2(7) is but one instance of a broader duty of international organizations and states not to intervene in matters that fall within the domestic jurisdiction of sovereign states. Yet the principles and policies that govern unilateral intervention differ substantially from those that govern collective intervention, especially intervention authorized by international organizations such as the United Nations and the Organization of American States. In this chapter, I discuss collective intervention authorized by the UN Security Council with a special emphasis on the concept of exclusive domestic jurisdiction, first examining the different meanings of the notoriously ambiguous word intervention. Because the legitimacy of collective intervention depends in part on whether the matter falls within the domestic jurisdiction of the target state, I then discuss contemporary views of domestic jurisdiction. Finally, I discuss collective humanitarian intervention under the principles of the UN Charter and examine the practice of the Security Council since the end of the Cold War. My conclusion is that international law today recognizes, as a matter of practice, the legitimacy of collective forcible humanitarian intervention, that is, of military measures authorized by the Security Council for the purpose of remedying serious human rights violations. While traditionally the only grounds for collective military action has been the need to respond to breaches of the peace (especially aggression), the international community has accepted a norm that allows collective humanitarian intervention as a response to serious human rights abuses. (p. 29)
The essay is comprised of the following sections: Soft, Hard, and Forcible Intervention; Exclusive Domestic Jurisdiction; Human Rights; Form of Government: Democracy; and Collective Humanitarian Intervention (General Principles; Iraq and the Kurds, 1991; Somalia, 1992–1993; and Haiti, 1994). 459.
Thakur, Ramesh (2002). “Intervention, Sovereignty and the Responsibility to Protect: Experiences from ICISS.” Security Dialogue, 33(3):323–340. This article highlights the primary achievement of the Report of the International Commission on Intervention and State Sovereignty (ICISS): the establishment of the foundations for a new normative and operational consensus on the role of military intervention for humanitarian purposes. Most significantly, the report moves beyond the political debates and conceptual histories surrounding the polarized notions of military intervention and state sovereignty, and introduces the concept of the “responsibility to protect” to bridge the polemical-political divide. The concept encapsulates the growing necessity for the norm of nonintervention to yield to the principle of international responsibility to protect foreign populations under threat of mass killings and ethnic cleansing, where these populations’ governments are either complicit or ineffectual. . . . The article concludes with some reflections on the rule of the UN and leading powers in the implementation of this framework, and the usefulness of the precautionary principle to avoid irreversible humanitarian atrocities. (p. 323)
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Weber, Cynthia (1992). “Reconsidering Statehood: Examining the Sovereignty/Intervention Boundary.” Review of International Studies, 18(3):199– 216. In her conclusion, Weber, professor of Political Science at Purdue University, states that If a state loses its control to symbolize its people in believable ways, then it risks losing its source of sovereign authority. It therefore risks losing the legitimacy attached to its claim to represent its source of sovereign authority. Only by maintaining control over the depiction of its people can the state authoritatively claim to be an agent of its people. Without the ability to make credible its claims to both political and symbolic representation, the state risks forfeiting its presumed ability of representations and ultimately its sovereignty. (p. 216)
This piece is comprised of the following sections: Diplomatic Practices and Intervention, Conventional Approaches to the Study of Intervention, Reconsidering Statehood, and Conclusion. 461.
Weller, Marc (2001). “The Kosovo Indictment of the International Criminal Tribunal for Yugoslavia,” pp. 207–222. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimension. London: Frank Cass Publishers. Weller, assistant director of studies at the Centre of International Studies at the University of Cambridge, discusses how, on 24 May,1999, the International Criminal Tribunal for the former Yugoslavia (ICTY) made history. In part, he argues that [the establishment of the Tribunal] added a remarkable piece to the puzzle of an emerging international constitutional order. The decision to establish the Tribunal in the first place had already significantly challenged three structural principles of the classical international legal order: • The decision privileged international community interest over the sovereign “rights” of the state actors involved in the conflict; • The decisions created a supranational institution with objective powers without state consent; and • The decision established a supranational institution with truly independent decision-making authority, ensuring to an extent the primacy of law over considerations of policy. (p. 207) The sections of the essay are entitled as follows: The International Tribunal and the Kosovo Indictment (The Establishment of the Indictment, Substance of the Indictment, Consideration of Process, The Strategic Impact of the Indictment, Community Interest vs. Sovereign Rights Consent); Genuine Supranational Powers: The Primacy of Law Over Politics; and
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Conclusion—The Action of the Tribunal in the Context of the Wider Development of International Criminal Jurisdiction. 462.
Welsh, Jennifer M. (Ed.) (2004). Humanitarian Intervention and International Relations. New York: Oxford University Press. 220 pp. This book is comprised of the following parts and chapters: 1. “Introduction” by Jennifer M. Welsh; Part One: International Relations Theory and Humanitarian Intervention (2. “Limiting Sovereignty” by Henry Shue; 3. “The Humanitarian Responsibilities of Sovereignty: Explaining the Development of a New Norm of Military Intervention for Humanitarian Purposes in International Society” by Nicholas J. Wheeler; 4. “Taking Consequences Seriously: Objections to Humanitarian Intervention” by Jennifer M. Welsh); Part Two: The Politics and Practice of Humanitarian Intervention (5. “The United Nations and Humanitarian Intervention” by Sir Adam Roberts; 6. “Humanitarian Intervention in the Balkans” by Nicholas Morris; 7. “Humanitarian Intervention and International Society: Lessons from Africa” by James Mayall; 8. “International Intervention in East Timor” by Ian Martin; 9. “Humanitarian Intervention and Afghanistan” by Simon Chesterman; and 10. “Conclusion: Humanitarian after 11 September” by Jennifer M. Welsh).
463.
Wheeler, Nicholas J. (2002). “Decision-making Rules and Procedures for Humanitarian Intervention.” The International Journal of Human Rights, Spring, 6 (1):127–138. Wheeler contests Mohammed Ayoob’s position in his article entitled “Humanitarian Intervention and State Sovereignty” (in The International Journal of Human Rights, Spring 6(1):81–102). (See Annotation # 358.) More specifically, Wheeler argues that First, Ayoob’s criticism of the role played by the Security Council in authorizing intervention in the 1990s ignores the significant role it has placed in legitimating what UN Secretary-General Kofi Annan called a “developing international norm” to protect civilians from slaughter. Second, his critique of NATO’s unilateralism over Kosovo fails to address the fundamental issue as to how states should react if there is a clash between the moral imperative to end mass slaughter and specific legal provisions of the UN Charter. . . . Finally, I will argue that Ayoob’s substantive principles for a legitimate humanitarian intervention are simply unrealistic, and that centralizing decision-making in the hands of a “Humanitarian Council” raises equally troubling issues of legitimacy to those that arise in relation to current institutional mechanisms. (pp. 127–128).
464.
Wheeler, Nicholas J. (2001). “Reflections on the Legality and Legitimacy of NATO’s Intervention in Kosovo,” pp. 145–163. In Ken Booth (Ed.)
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The Kosovo Tragedy: The Human Rights Dimension. London: Frank Cass Publishers. In this piece, Wheeler, senior lecturer in the Department of International Politics at the University of Wales, discusses whether NATO’s actions in Kosovo “represent a watershed in the development of a new norm of humanitarian intervention, and how far this is to be welcomed or feared in a society of states built on the principles of sovereignty, non-intervention and non-use of force” (pp. 145–146). The sections of the essay are entitled: The Contested Legality of Humanitarian Intervention, NATO’s Justification for Its Use of Force in Kosovo, A New Solidarist Norm of Humanitarian Intervention? and A Historical Watershed. 465.
Wheeler, Nicholas J. (2000). Saving Strangers: Humanitarian Intervention in International Society. Oxford: Oxford University Press. 336 pp. In this book, Wheeler examines seven cases of intervention—three in the 1970s (East Pakistan, Cambodia, and Uganda), one in the 1980s (Iraq), and three in the 1990s (Somalia, Rwanda, and the former Yugoslavia). While all of the interventions were, in part (and/or ostensibly), compelled by humanitarian crises, he notes that it was only in the 1990s that a norm of humanitarian intervention began to come to the fore. Against the perspective of the international community that regards national sovereignty as inviolable, Wheeler argues that a concept of solidarity has emerged that combines order with (human rights-based) justice.
466.
Wheeler, Nicholas, and Dunne, Tim (2001). “East Timor and the New Humanitarian Interventionism.” International Affairs, October, 77(4):805– 827. In their abstract, Wheeler and Dunne, senior lecturers in the Department of Politics at the University of Wales, write The fate of East Timor provides a barometer for how far the normative structure of international society has been transformed since the end of the Cold War. In 1975, the East Timorese were abandoned by a Western bloc that placed accommodating the Indonesian invasion of the island before the protection of human rights. Twenty-five years later, it was the protection of the civilian population on the island that loomed large in the calculations of these same states. Australia, which had sacrificed the rights of the people of East Timor on the altar of good relations with Indonesia, found itself leading an intervention that challenged the old certainties of its “Jakarta first” policy. The article charts the interplay of domestic and international factors that made this normative transformation possible. The authors examine the political and economic factors that led to
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the agreement in May 1999 between Portugal, Indonesia and the UN to hold a referendum on the future political status of East Timor. The second part of the article looks at how the outbreak of the violence in early September 1999 fundamentally changed these political assumptions. The authors argue that it became politically possible to employ coercion against Indonesian sovereignty in a context in which the Habibie government was viewed as having failed to exercise sovereignty with responsibility. By focusing on the economic and military sanctions employed by Western States, the pressures exerted by the international financial institutions and the intense diplomatic activity at the UN and in Jakarta, the authors show how Indonesian political and military leaders were prevailed upon to accept an international force. At the same time, Australian reporting of the atrocities and how this prompted the Howard government to [carry out] an intervention that challenged traditional conceptions of Australia’s vital interests is considered. The conclusion reflects on how this case supports the claim that traditional notions of sovereignty are increasingly constrained by norms of humanitarian responsibility. (n.p.)
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7 Realpolitik
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Amnesty International (1994). Power and Impunity: Human Rights Under the New Order. London: Author. n.p. In part, this book focuses on Indonesia’s repression and extrajudicial executions in East Timor. The authors explicitly take the international community to task for deliberately acquiescing in allowing human rights abuses to be perpetrated in East Timor and other areas under Indonesian control. Further, they assert that the cold war, along with perceptions of Indonesia’s strategic and economic significance, resulted in a Western—and particularly a United States—policy of support for the Suharto government regardless of its human rights record. They go on to note that in the post-cold war period more attention was paid by the West to the human right infractions of Indonesia, but the former still continued to sell weapons and provide huge amounts of economic assistance to Indonesia, as well as reject refugees fleeing Indonesian repression.
468.
Ball, Howard (1999). Prosecuting War Crimes and Genocide: The TwentiethCentury Experience. Lawrence: University Press of Kansas. 288 pp. Ball, professor of Political Science at the University of Vermont, addresses the issue of realpolitik vis-à-vis the following: The Dayton Peace Treaty, the Rome Convention, the Rwandan genocide, among other issues.
469.
Barash, David P. (1991). Introduction to Peace Studies. Belmont, CA: Wadsworth Publishing Co. 327 pp. A short section (pp. 207–210) in chapter 9 (“The State Level”) is entitled Realpolitik and Raison D’Etat. The latter is comprised of the following 265
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subsections: Realpolitik and Power, Realpolitik and War, Realpolitik and Morality, and Status Quo versus Revisionist States). 470.
Bass, Warren (1998). “The Triage of Dayton.” Foreign Affairs, 77(5):95– 108. Bass, an associate editor at Foreign Affairs and a Wexner Fellow in History at Columbia University, argues that The Dayton Accords—not a product of Wilsonian idealism but of a reluctant realpolitik—actually strengthened the hands of Serbia’s Milosevic and Croatia’s Tudjman. He also asserts that “[s]omehow, the United States had shifted from a determination not to be dragged into the Balkans to using U.S. officials and computers to draw Bosnia’s new frontiers. . . . To be sure, Dayton was a vast improvement over the muddle and bloodshed that preceded it, but the deal the administration helped cut edged ominously close to partition, writing an epitaph for Bosnia as a multiethnic state and ceding much of its territory to Bosnian Serbs” (pp. 95, 96). Tellingly, Bass writes that “In the end, the very policies that the [Clinton] Administration balked at in May 1993—using military force and firm leadership of the Europeans—were the ones that stopped the war in the autumn of 1995. According to Warren Zimmerman, the last U.S. Ambassador to Yugoslavia, the cost of delay was more than 100,000 lives” [italics added] (p. 97).
471.
Bassiouni, M. Cherif (1997). “From Versailles to Rwanda in Seventy-Five Years: The Need to Establish a Permanent International Criminal Court.” Harvard Human Rights Journal, 10:11–62. In his introduction, Bassiouni, professor of Law and president of the International Human Rights Law Institute at DePaul University, writes, in part, that The history and record of international criminal investigation and adjudication bodies, from the Treaty of Versailles to the International Criminal Court for Rwanda, clearly demonstrate the need to establish a permanent international criminal court. In the absence of such a court, not only have many atrocities gone unpunished, but every one of the ad hoc tribunals and investigations that has been created has suffered from the competing interests of politics or the influence of a changed geopolitical situation. As the history of the United Nations’ efforts to establish a permanent international criminal court and a code of crimes evince, this task is controversial and complex. Nevertheless, the lessons of the past seventy-five years dictate its fundamental importance. . . . If the lessons of the past are to instruct the course of the future, then the creation of a permanent system of international criminal justice with a continuous institutional memory is imperative. But such a system must be independent, fair and effective, in order to avoid the pitfalls experienced in the past. Above all, it must be safeguarded from the vagaries of realpolitik. Compromise is the art of politics, not of justice [italics added]. (pp. 11, 12–13)
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This essay is comprised of the following parts and sections: Introduction; I. Ad Hoc International Investigative Commissions and International Criminal Tribunals Since 1919 (A. The 1919 Commission of the Responsibilities of the Authors of War and on Enforcement of Penalties; B. The Allies’ Failure to Establish Prosecutions Pursuant to the Treaty of Versailles; C. The Leipzig Trials; D. The 1943 United Nations War Crimes Commission; E. The International Military Tribunal of Nuremberg; F. Control Council Law No. 10; G. The Instrument of Surrender to Italy; H. The Far Eastern Commission and the International Military Tribunal for the Far East at Tokyo; I. Politics of Defendant Selection in the Far East; J. Comparison of the Legal Bases for Setting Up the IMT, IMTFE, and CCCL 10 and Far East Allied Military Prosecution; K. The Years of Silence: 1955–1992; L. The Commission of Experts Established Pursuant to Security Council Resolution 780 (1992); M. The International Criminal Tribunal for the Former Yugoslavia; N. The Rwanda Commission of Experts; O. The International Criminal Tribunal for Rwanda (ICTR)); II. The United Nations’ Efforts to Establish an International Criminal Court and to Codify Certain International Crimes; and Conclusion: The Need for a Permanent System of International Criminal Justice. 472.
Beres, Louis Rene (1984). “Reason and Realpolitik: International Law and the Prevention of Genocide,” pp. 306–323. In Israel W. Charny (Ed.) Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press. Beres, professor of Political Science at Purdue University, argues that realpolitik overpowers the moral imperative expressed in the norms of international law, and because of the latter what is needed is the creation of a new world order system in which anti-genocide efforts will be perceived by states as not only in the interest of all peoples across the globe but in the interest of the states themselves. More specifically, he argues for “a new world order system—a planetary network of obligations stressing cooperative global concerns over adversarial relationships, and a move away from ‘the dying forms of realpolitik’” (p. 316).
473.
Charny, Israel W. (1994). “Toward a Generic Definition of Genocide,” pp. 64–94. In George J. Andreopoulous (Ed.) Genocide: Conceptual and Historical Dimensions. Philadelphia: University of Pennsylvania Press. A section of this essay by the noted genocide scholar and director of the Institute on the Holocaust and Genocide (Jerusalem) is entitled “Pressures to Exclude from the Definition of Genocide Certain Events for Purposes of Realpolitik” (pp. 70–72).
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474.
Falk, Richard A. (2000). Human Rights Horizons: The Pursuit of Justice in a Globalizing World. New York: Routledge. Two chapters in particular—chapter 9 (“The Unmet Challenges of Genocide in Bosnia and Rwanda”) and chapter 10 (“The Challenge of Genocidal Politics in an Era of Globalization”)—deal specially with genocide in this book by a noted international law scholar. In chapter 9, Falk asserts that intervention to prevent genocide was never a genuine option for Bosnia and then discusses what he perceives as keys to meeting the challenge of genocide (including democratic empowerment, criminal accountability, and globalizing citizenship). In chapter 10, he discusses such issues as “human wrongs as a world order challenge,” genocidal politics (including the issue of realpolitik), and economic globalization.
475.
Haas, Michael (1991). Genocide by Proxy: Cambodian Pawn on a Superpower Chessboard. Westport, CT: Praeger. 385 pp. The issue of realpolitik is mentioned/discussed throughout this book: the assertion that realpolitik was played out by various actors and was basically “an argument for genocide in Cambodia” (p. 36); Prince Sihanouk’s perspective on realpolitik (p. 44); Chinese realpolitik (p. 64); U.S. policymaking in relation to realpolitik (p. 75–76); and an entire section of chapter 29 is entitled “The Theory and Practice of Realpolitik” (pp. 301–304). At the end of the book the author calls for an end to realpolitik (208–310).
476.
Jacobsen, Carl G.; Galtung, Johan; and Brand-Jacobsen, Kai Frithjof (2002). Searching for Peace: The Road to TRANSCEND. Second Edition. Sterling, VA: Pluto Press. 320 pp. This updated and extensively revised edition of Searching for Peace sets out to bridge the gap between peace and conflict studies, and the concepts of world order and globalization. It presents the lessons that can be learned from the TRANSCEND approach, which has been adopted as a UN training guide. Of this book, Elise Boulding has written: “This highly condensed and powerful overview of past and present realpolitik of peacemaking opens up major new ways to think about the seemingly intractable problems of state nation interface. . . . This book is a must for scholars, practitioners, policymakers and peace activists.”
477.
Kaldor, Mary (2001). New & Old Wars: Organized Violence in a Global Era. Stanford, CA: Stanford University Press. 206 pp. Kaldor, Jean Monnet reader of contemporary European studies in the Sussex European Institute at the University of Sussex, discusses the issue of
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realpolitik in regard to the high level talks that took place among outside negotiators vis-à-vis the situation in Bosnia-Herzegovina in the 1990s. 478.
Maogoto, Jackson (2004). War Crimes and Realpolitik: International Justice from World War I into the 21st Century. Boulder, CO: Lynne Rienner Publishers. 267 pp. Commenting on the focus of this book by Maogoto, lecturer in the school of law at the University of Newcastle, the publisher states the following: From the early stages in the development of international law, the nature of the state-centric international system has dictated that law play second fiddle to the hard realities of power politics. War Crimes and Realpolitik explores the evolution and operation of the international criminal justice system, highlighting the influences of politics. Maogoto takes the reader behind the scenes of the conflict between justice and realpolitik. Showing how states, in furthering their political agendas, sometimes hinder the enforceability of international criminal law, he delineates the state interests that often control international legal norms and institutions and even manipulate public perceptions. Ranging from the period just after World I to the recent establishment of the International Criminal Court, he provides a thorough exposition of the politics and processes of international penal institutions in the state-driven international system. (p. 267)
The book is comprised of the following chapters: “Introduction”; 1. “Toward the Modern International Penal Process”; 2. “A False Dawn: The Failure to Enforce International Justice After World War I”; 3. “A New Dawn: The Birth of the Modern International Penal Process”; 4. “Cold War: International Justice in the Shadow of Realpolitik”; 5. “Crisis in the Balkans: Raising the Nuremberg Precedent”; 6. “Rwanda: Portrait of a Reluctant International Community”; 7. “The International Criminal Court: Challenges and Concessions to the State” and 8. “International Justice: Retrospect and Prospect.” 479.
Morgenthau, Hans J., and Thompson, Kenneth W. (1985). Politics Among Nations: The Struggle for Power and Peace. New York: McGraw Hill. 688 pp. Considered a classic in the field, this book examines the issue of political realism and its perspective of the state as a rational and unitary actor that pursues, as its main goal, a self-interest whose ultimate aim is “the pursuit of power.”
480.
Neuffer, Elizabeth (2000). The Key to My Neighbor’s House: Seeking Justice in Bosnia and Rwanda. New York: Picador/St. Martin’s. 544 pp. The first part of My Neighbors House delineates the focus of the conflicts in Bosnia and Rwanda, and in doing so, Neuffer, a prize-winning correspondent for the Boston Globe, spells out the larger causes and horrifying
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results of the conflicts. In the second part of the book, Neuffer presents the international efforts—via the international war crime tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR)—to punish the perpetrators of the crimes against humanity and genocide. In regard to the latter, Neuffer discusses how both tribunals were hampered by inadequate funding, lack of commitment (e.g., the international community supported the tribunals when it to proved to be advantageous and didn’t when it was not), and the excruciatingly slow pace of the prosecutions. 481.
Rudolph, Christopher (2001). “Constructing an Atrocities Regime: The Politics of War Crimes Tribunals.” International Organization, 55(2):655– 691. In his introduction, Rudolph, visiting fellow at the Center for International Studies at the University of Southern California, notes that I seek to identify and analyze the myriad political and procedural obstacles to establishing an effective atrocities regime by examining humanitarian norms, the strategic interests of powerful states, and bureaucratic factors. I also seek to determine how the emergent regime may or may not be effective in achieving its primary goal (individual conviction) as well as its secondary and perhaps more salient goal: to manage violent conflict and reduce the likelihood of future transgressions. I argue that although liberal humanitarian ideals have created the demand for political action, the process of dealing with brutality in war has been dominated by realpolitik—that is, furthering the strategic interests of the most powerful states. However, by understanding the political interests and procedural obstacles involved, the international community can make institutional adjustments in the design and implementation of an atrocities regime to bridge the gap between idealpolitik and realpolitik. (p. 656)
The article is comprised of the following sections and subsections: Ideas, Interests, and Institutions; The ICTY in Bosnia; Genocide in Rwanda; The ICTY in Kosovo; Justice in Southeast Asia? (Cambodia, Indonesia, and East Timor); The International Criminal Court; Evaluating the Atrocities Regime (Formation, Application, Expanded Goals and Institutional Adjustments); and Conclusion. 482.
Sadkovich, James J. (1996). “The Former Yugoslavia, the End of the Nuremberg Era, and the New Barbarism,” pp. 282–303. In Thomas Cushman and Stjepan G. Mestrovic (Eds.) This Time We Knew: Western Responses to Genocide in Bosnia. New York: New York University Press. Arguing that the international community has entered into what he deems a “new age of barbarism,” Sadkovich, professor of History at the American University in Bulgaria, asserts that “the United Nations and other international and regional organizations act to contain and manage, not end or resolve, such phenomena as aggression and genocide” (p. 282).
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Further, he argues that the proponents of state sovereignty and realpolitik rule the day. More specifically, he asserts the following: “The past four years [1991–1995] may have marked the victory of the proponents of state sovereignty and the practitioners of bureaucratic barbarism and power politics over the advocates of individual and collective rights” (p. 282). He argues that “in short, there has been a tendency to reassert the realpolitik of the nineteenth century without the humanistic principle of the period. So foreign policies are now less ‘hypocritical’ in that the naked self-interest of states is repeatedly invoked to justify action or inaction, but elites have become morally insensitive. Governments will not intervene to stop aggression or genocide so long as doing so presents any risk of serious conflict” (p. 294). 483.
Schoenfeld, C. G. (1996). “Psychoanalytic Dimensions of the West’s Involvement in the Third Balkan War,” pp. 158–183. In Stjepan G. Mestrovic (Ed.) Genocide After Emotion: The Postemotional Balkan War. New York: Routledge. While the issue of realpolitik is discussed throughout this essay, it is worth noting that one entire section of the essay is entitled “Morality, Realpolitik, and Yugoslavia.”
484.
Totten, Samuel (2004). “The Intervention and Prevention of Genocide: Sisyphean or Doable?” Journal of Genocide Research, June, 6(2):229–247. Among the issues Totten discusses herein is the thorny issue of realpolitik and how a nation’s practice of it deters efforts to prevent genocide from being perpetrated.
485.
Volkan, Vamik (1997). Blood Lines: From Ethnic Pride to Ethnic Terrorism. Boulder, CO: Westview Press. 280 pp. Realpolitik is mentioned twice herein. First, the author discuses the origin of the term and its evolution in meaning. Second, realpolitik is discussed in regard to a report that claimed British government officials (under then prime minister John Major) had allegedly “refused to turn over British intelligence that allegedly showed links between Slobodan Milosevic and the 1992 ‘ethnic cleansers’ in Bosnia” (p. 80).
486.
Williams, Michael C. (2005). The Realist Tradition and the Limits of International Relations. New York: Cambridge University Press. 254 pp. Williams provides a reexamination of the Realist tradition and its relevance for contemporary international relations. Examining three thinkers commonly invoked as Realism’s foremost proponents—Hobbes, Rousseau, and Morgenthau—the book shows that, far from advocating a crude realpolitik,
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Realism’s most famous classical proponents actually stressed the need for a restrained exercise of power and a politics with ethics at its core. This book is comprised of the following: “Introduction”; 1. “Sceptical States: Hobbes”; 2. “Rousseau, Realism and Realpolitik”; 3. “Hans Morgenthau and the Historical Construction of Realism”; 4. “The Tyranny of False Polarities”; and 5. “The Ethic of Responsibility.”
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8 Potential Sources/Causes of Conflict and/or Violence (including Crimes Against Humanity and/or Genocide) A. Extreme Scarcity of Resources, Competition for Resources, Under Development, “Horizontal Inequalities,” and/or Adverse Impact of Economic Aid B. Extreme Nationalism, Extreme Ideological Differences, Extreme Ethnocentrism, Ethnic Tensions, Extreme Religious Differences, and Unresolved Matters in the Post-Genocidal Periods
Editor’s Note: None of the above factors inevitably lead to violent conflict. Furthermore, none of the above are, in and of themselves, factors that necessarily trigger genocidal activity. Rather, it is a complex combination of factors, including, of course, the intent of the perpetrators.
A. Extreme Scarcity of Resources, Competition for Resources, Under Development, “Horizontal Inequalities,” and/or Adverse Impact of Economic Aid 487.
Adanir, Fikret (2001). “Armenian Deportations and Massacres in 1915,” pp. 71–81. In Daniel Chirot, and E. P. Martin Seligman (Eds.) Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. Adanir discusses all of the following herein: the emergence of “the Armenian Question” in Ottoman Turkey; politics of confrontation; politics of “national economy”; and the Armenian tragedy in retrospect. 273
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488.
Alger, Chadwick (2002). “The Emerging Roles of NGOs in the UN System: From Article 71 to a People’s Millennium Assembly.” Global Governance, 8(1):93–17. This is an informative article on the emerging and influential roles of NGOs within the United Nations. In regard to systemic issues, the author writes about the involvement of such organizations as Amnesty International, Médecins Sans Frontières, Oxfam, and CARE, and others in addressing, in one way or another, various human rights issues.
489.
Alger, Chadwick F. (Ed.) (1998). The Future of the United Nations System: Potential for the Twenty-First Century. Tokyo: United Nations University Press. 450 pp. In this book, twenty-two scholars from across the globe contribute twelve chapters that address such issues as prevention of violence, and the need to create economic and social structures that sustain human fulfillment. Included in the text are sixty-six recommendations for new institutions and programs on issues that include, among others, economic policies. The recommendations are brought together in a concluding chapter and summarized in an appendix.
490.
Andersen, Regine (2000). “How Multilateral Development Assistance Triggered the Conflict in Rwanda.” Third World Quarterly, 21(3):441–456. In the abstract to her article, Andersen, who is with the Fridjtof Nansen Institute in Norway, writes Previous to the genocide in Rwanda in 1994, multilateral development agencies promoted three different strategies in the country. These were economic structural adjustment programs, the multiparty democratization process, and the peace negotiation and implementation process (in co-operation with the OAU)). In this article, I propose that these three strategies had contradictory and mutually negating effects on each other, and that they in combination contributed to a weakening of the regime. The conclusion is that these strategies—despite the best intentions—triggered the conflict. The article ends with a discussion of lessons to learn with regard to the role of multilateral development agencies in crisis prevention. (p. 441)
The essay is comprised of the following sections: What Made the Unthinkable Happen? Revisiting Explanatory Attempts; Propositions Regarding the Role of Multilateral Development Agencies; The Three Main Strategies of Multilateral Development Assistance from 1990 to 1994; Lessons to Learn; and Implications for Preventive Action. 491.
Anderson, Mary B. (1999). Do No Harm: How Aid Can Support Peace— or War. Boulder, CO: Lynne Rienner Publishers. 161 pp. The chapters in this book most germane to the causes of conflict are: chap-
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ter 1. “War and the Impact of External Aid”; chapter; 4. “Aid’s Impact on Conflict Through Resource Transfers”; and Chapter 12. “Reflecting on the Role of Aid.” 492.
Angstrom, Jan (2001). “Towards a Typology of Internal Armed Conflict: Synthesizing a Decade of Conceptual Turmoil.” Civil Wars, Autumn, 4(3):93–116. Angstrom, a junior lecturer in the Department of Social Science at Mid Sweden University, delineates a suggested typology of internal armed conflict encompassing ideological, leadership, ethnic, and resource conflicts as Weberian ideal-types to manage some of the problems with classifying internal armed conflicts.” (p. 93)
493.
Annan, Kofi A. (1999). “Development is the Best Form of Conflict Prevention,” pp. 47–56. In Kofi A. Annan’s The Question of Intervention: Statements by the Secretary General. New York: United Nations. Herein, Annan asserts that . . . most researchers agree that it is useful to distinguish “structural” or longterm factors, which make violent conflict more likely, from “triggers,” which actually ignite it. The structural factors all have to do with social and economic policy, and the way that societies govern themselves. It is here that the link between security and development policy is most obvious. A major study by the United Nations University, to be published later this year, suggests that simple inequality between rich and poor is not enough to cause violent conflict. What is highly explosive is what the authors of the study call “horizontal” inequality: when power and resources are unequally distributed between groups that are also differentiated in other ways for instance by race, religion or language. So-called “ethnic” conflicts occur between groups which are distinct in one or more of these ways, when one of them feels it is being discriminated against, or another enjoys privileges which it fears to lose. . . . As resources get scarcer, competition for them gets fiercer, and elites use their power to retain them at everyone else’s expense. And when economic decline is prolonged—especially when it starts from an already low base—the result can be a steady degeneration of the State’s capacity to govern, until the point where it can no longer maintain public order. (p. 51)
494.
Annan, Kofi A. (1999). The Question of Intervention: Statements by the Secretary General. New York: United Nations. 58 pp. This booklet is comprised of five speeches made by U. N. Secretary General Kofi Annan concerning the issue of intervention for the purpose of stanching massive and systematic violations of human rights. The titles of the talks are: “Reflection on Intervention”; “Standing Up for Human Rights”; “Unifying the Security Council in Defense of Human Rights”;
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“Two Concepts of Sovereignty”; and “Development is the Best Form of Conflict Prevention.” 495.
Annan, Kofi A. (2005). Report of the Secretary General: In Larger Freedom: Towards Development, Security, and Human Rights for All. New York: United Nations. 62 pp. This is the Secretary General’s report to the 59th session of the UN General Assembly. It is comprised of six main parts: I. Introduction: A Historic Opportunity in 2005; II. Freedom from Want; III. Freedom from Fear; V. Freedom to Live in Dignity; V. Strengthening the United Nations; and VI. Conclusion: Our Opportunity and Our Challenge.
496.
The Aspen Institute (1997). Conflict Prevention: Strategies to Sustain Peace in the Post-Cold War World. Queenstown, MD: Author. 164 pp. Based on the proceedings of an international conference (“Conflict Prevention: Strategies to Sustain Peace in the Post Cold War World”) held in Aspen, Colorado, from July 30 through August 3, 1996, this book constitutes a report of the conference discussions and recommendations made by the conference participants. Among the twenty-seven experts and leaders from twenty-two countries were Richard Goldstone (chief prosecutor, International Criminal Tribunal on the Former Yugoslavia and International Tribunal on Rwanda); Morton Abramowitz (president, Carnegie Endowment for International Peace, USA); John J. Sheehan (supreme allied commander, Atlantic, and Commander in Chief, U.S. Atlantic Command); George Soros (chairman, Soros Foundation/Open Society Fund); and Rodolfo Stavenhagen (professor, El Colegio de Mexico). Among the many “key actions” recommended were the following: • If conflict is to be avoided in volatile economic situations, the economic tools wielded by states and by the international community need to be fine-tuned for this purpose. • The rule of development assistance in supporting societies in managing diversity and harmful economic inequalities should receive more attention by the World Bank and other international and state aid agencies.
497.
Avruch, Kevin (1998). Culture and Conflict Resolution. Washington, D.C.: United States Institute of Peace Press. 153 pp. Avruch, professor of Anthropology at George Mason University and a faculty member with the university’s Institute for Conflict Analysis and Resolution, challenges both scholars and practitioners not only to develop a clearer understanding of what culture is, but also to take that understanding and incorporate it into more effective conflict resolution processes.
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The book is divided into four parts: I. Culture, II. Conflict Resolution, III. Frames for Culture and Conflict Resolution, and IV. Discourses of Culture and Conflict Resolution. 498.
Baker, Pauline H., and Ausink, John A. (1996). “State Collapse and Ethnic Violence: Towards a Predictive Model.” Parameters: US Army War College Quarterly, Spring, 26(1):19–31. Baker, president of the Fund for Peace, and Ausink, who is a colonel in the U.S. Air Force and is a National Defense Fellow at Georgetown University, discuss a predictive model of state collapse and ethnic violence that may be used by analysts and policymakers. Of their model, they note the following: First, the model provides a dynamic conceptual framework to compare various conflicts at different stages of violence or conflict resolution. Second, the framework presents a way for analysts to conduct a longitudinal analysis of any single conflict, so it can be monitored and evaluated from the root causes to likely outcome. Third, the model suggests ten indicators of state collapse in ethnically divided societies that can be used for early warning. . . . Fourth, the model provides an overview of the potential role of the international community at different points in a conflict, highlighting the importance of preventive action before a crisis reaches catastrophic proportions. (p. 20)
499.
Barnhizer, David (Ed.) (2001). Effective Strategies for Protecting Human Rights: Prevention and Intervention, Trade and Education. Aldershot: Ashgate Publishing Co. 250 pp. This volume includes a chapter entitled “The Intersection of Trade and Human Rights” by Malini Mehra.
500.
Bedjaoui, Mohammed (2000). “The Fundamentals of Preventive Diplomacy,” pp. 29–50. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Bedjaoui, president of the International Court of Justice (The World Court) of the Hague, notes, initially, that “One generally accepted definition recognizes that this kind of diplomacy serves three purposes: it aims (1) to prevent disputes arising between states or between governments and minority parties within states; (2) to prevent an existing dispute from being transformed into an open conflict; and (3) if a conflict breaks out, to ensure that it spreads as little as possible” (p. 30). The sections and subsections of this essay are comprised, in part, of the following: Preventive Diplomacy to Promote Development (Underdevelopment: A Threat to International Peace and Security; Development: The Best Contraceptive; and The Severe Disappointments of Preventive Diplomacy in the Area of Development).
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501.
Berdal, Mats, and Malone, David M. (Eds.) (2000). Greed & Grievance: Economic Agendas in Civil Wars. Boulder, CO: Lynne Rienner. 256 pp. The various contributors to this book attempt to identify the economic and social factors underlying the perpetuation of civil wars, exploring as well the economic incentives and disincentives available to international actors seeking to restore peace to war-torn societies. The authors consider the economic rationality of conflict for belligerents, the economic strategies that elites use to sustain their positions, and those situations in which elites find a war to be more profitable than peace. The contributors were encouraged to strive for policy relevance in both their analysis and their prescriptions.
502.
Bojicic-Dzelilovic, Vesna (2002). “World Bank, NGOs, and the Private Sector in Post-War Reconstruction.” Special Issue (“Recovering from Civil Conflict: Reconciliation, Peace and Development” edited by Edward Newman and Albrecht Schnabel) of International Peacekeeping, Summer, 9(2):81–98. In the abstract to this piece, it is stated that: Addressing violent conflict is increasingly becoming an integral part in the agenda of many international organizations, including those traditionally involved in development assistance. Their approach and operational practices, however, continue to be based on the postulates of a neo-liberal economic paradigm, which lacks the conceptual tools for understanding conflict as a specific social construct. This analysis looks at recent experience of the World Bank, NGOs, and the private sector in assisting the rehabilitation of war-torn societies. It argues that the engagement of these three social actors in reconstruction in the aftermath of new types of conflict characteristic of the contemporary era has failed to penetrate to the root cause of conflict. It suggests that a new approach to understanding the nature of contemporary violence is needed as a precondition for formulating a response that can adequately correspond to the needs of the conflict-affected population. (n.p.)
503.
Boyce, James K., and Pastor, Jr., Manuel (1998). “Aid for Peace: Can International Financial Institutions Help Prevent Conflict?” World Policy Journal, Summer, 15(2):42–49. In this essay, Boyce (professor of Economics at the University of Massachusetts, Amherst) and Pastor (chair of Latin American and Latino Studies at the University of California at Santa Cruz) argue that such institutions as the World Bank, the International Monetary Fund (IMF), and regional development banks “should explicitly acknowledge that certain economic policies may exacerbate social tensions and fuel conflict, and then work to ensure that the policies they back do not inadvertently increase the risk of violence. . . . [They also suggest that such institutions should] make access
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to their resources conditional on specific actions by the borrower to serve peace, in an effort to reduce the risk of violent conflict” (p. 43). 504.
Brown, Michael E. (2000). “The Causes of Internal Conflict,” pp. 3–25. In Michael E. Brown, Owen R. Coté, Jr., Sean M. Lynn-Jones, and Steven E. Miller (Eds.) Nationalism and Ethnic Conflict: An International Security Reader. Cambridge, MA: The MIT Press. In his introduction to this chapter, Brown, managing editor of International Security and associate director of the International Security Program at the Center for Science and International Affairs at Harvard University, notes that “The first section of this chapter will analyze the scholarly literature on the underlying causes of internal conflict. The second section will examine the proximate causes of internal conflict and develop a framework for analyzing different sets of proximate causes. The third section will focus on the roles played by domestic elites in different types of internal conflicts” (p. 4). The various sections and subsections of this essay are: The Underlying Causes of Internal Conflict (Structural Factors, Political Factors, Economic/ Social Factors, and Cultural/Perceptual Factors); The Proximate Causes of Internal Conflict; The Importance of Domestic Elites (Ideological Conflicts, Criminal Assaults on State Sovereignty, Power Struggles, Why Do Followers Follow?); Policy Implications; and Implications for the Study of Internal Conflict.
505.
Brown, Michael E. (Ed.) (1996). The International Dimensions of Internal Conflict. Cambridge, MA: MIT Press. 653 pp. In his review of this book (Foreign Affairs, September/October, Francis Fukuyama writes: This massive volume exhaustively analyzes the domestic, regional, and international dimensions of internal conflicts . . . to understand why such conflicts are occurring now and how they might be ameliorated . . . Unfortunately, many of the prescriptions for international action, such as “place more emphasis on underlying problems and long-term solutions,” or “promote economic development, opportunity, and justice” beg the question of how they are to be achieved, at what cost, and with what trade-offs. Market driven economic growth and opportunity, for example, often come at the expense of social equality; which should the international community favor? (p. 136)
506.
Byrne, Sean, and Keashly, Loraleigh (2000). “Working with Ethno-political Conflicts: A Multi-modal Approach,” pp. 97–120. In Tom Woodhouse and Oliver Ramsbotham (Eds.) Peacekeeping and Conflict Resolution. London and Portland, OR: Frank Cass Publishers. In their introduction, the authors (Byrne is director of doctoral studies at the
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Department of Dispute Resolution, Nova Southeastern University, Fort Lauderdale, and Keashly is the academic director of the Master of Arts Program in Dispute Resolution at Wayne State University in Detroit) note that In recognition of the diversity of factors that fuel ethno-territorial conflicts, we are broadening the definition of intervention to include any efforts involving external and/or internal parties that focus on amelioration of social, economic, political, physical and psychocultural conditions in the conflict region. Thus, in addition to the more political forms of arbitration, mediation, negotiation, conciliation and reconciliation, as well as the more recently acknowledged informal forms of interactive conflict resolution, we also include, [for example,]: structural change [and] long-term economic investment plans—both public and private . . . Focusing on the “multi-modal” nature of intervention in ethno-political conflict, we will discuss these interventions in two ways. First, we will briefly discuss each of the six forces [in ethno-territorial conflicts] outlined by Byrne and Carter and illustrate the specific activities and parties that address each of them using examples from past and current ethnic conflicts where possible. Second, we will switch perspectives from forces to the intervention activities and parties themselves and illustrate how they address more than one of these factors, that is, cross-level activity. In the third section, we will consider some ways to facilitate the explicit coordination that our approach suggests. (pp. 98–99)
507.
Carment, David, and Schnabel, Albrecht (Eds.) (2004). Conflict Prevention from Rhetoric to Reality, Volume 2: Opportunities and Innovations. Lanham, MD: Rowman and Littlefield Publishers. 458 pp. The book includes, in part, the following chapters: “Natural Resource Endowment and Conflicts in Developing Countries: From Causes to Possible Solutions” by Beatrice Labonne; “Sources of Violent Conflict” by Barnett R. Rubin; “Introducing Gender in Conflict and Conflict Prevention: Conceptual and Policy Implications” by Tatjana Sikoska and Juliet Solomon; “Conflict Prevention and Financial Capacity Building” by André Ouellette; “Assessing the Corporate Sector’s Role in Conflict Prevention” by Dianna Rienstra; and “The Private Sector and Conflict Prevention Mainstreaming” by Ashley Campbell.
508.
Carnegie Commission on Preventing Deadly Conflict (1997). Preventing Deadly Conflict: Final Report with Executive Summary. Washington, D.C.: Author. 257 pp. The Carnegie Corporation of New York established the Carnegie Commission on Preventing Deadly Conflict in May 1994 to address the looming threats to world peace of intergroup violence and to advance new ideas for the prevention and resolution of deadly conflict. “The Commission has ex-
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amined the major causes of deadly ethnic, nationalist, and religious conflicts within and between states and the circumstances that foster or deter their outbreak. Taking a long-term, worldwide view of violent conflicts that are likely to emerge, it seeks to determine the functional requirements of an effective system for preventing mass violence and to identify the ways in which such a system could be implemented.” Preventing Deadly Conflict: Final Report with Executive Summary is a product of the latter effort. This book is comprised, in part, of the following: chapter 1: “Against Complacency” (From Cold War to Deadly Peace, A World Transforming, Rapid Population Growth); c hapter 3: “Operational Prevention” (Strategies in the Face of Crisis; Looking at the Whole Problem; A Framework for Engagement; The Need for Leadership; A Comprehensive Political-Military Response; Resources; Transition to Host Nation Control; Preventive Diplomacy; Economic Measures; Economic Dispute Resolution Mechanisms); chapter 4: “Structural Prevention” (Strategies To Address the Root Causes of Deadly Conflict; Helping from Within: Development Revisited; Making Development Sustainable; Helping from Outside: Development Assistance); chapter 5: “Preventing Deadly Conflict” (The Responsibility of States, Leaders, and Civil Society; States and Their Leaders; Pivotal Institutions of Civil Society; Nongovernmental Organizations; The Business Community); and chapter 6: “Preventing Deadly Conflict” (The Responsibility of the United Nations and Regional Arrangements; The United Nations; Strengths of the UN; Limitations of the UN; Strengthening the UN for Prevention; The UN’s Role in Long-Term Prevention; The International Financial Institutions; Regional Arrangements; Economic Organizations). 509.
Chirot, Daniel, and Seligman, Martin (2001). Ethnopolitical Warfare: Causes, Consequences and Possible Solutions. Washington, D.C.: American Psychological Association. 379 pp. In this volume, political scientists, psychologists, and historians examine over a dozen international cases of ethnoconflict and genocide (e.g., the Armenian genocide, the Holocaust, the Cambodian genocide, the Rwandan genocide, and the genocide perpetrated in the former Yugoslavia) in an attempt to understand what causes society’s ethnic conflicts to escalate or de-escalate. In examining the escalation of ethnic conflict, the authors, in part, highlight the impact of threatened economic resources. This book is comprised, in part, of the following chapters (the latter are those most germane to the prevention and intervention of genocide): 1. “Introduction” by D. Chirot; 2. “Ethnicity: Nice, Nasty, and Nihilistic” by K. Jowitt; 3. “Nationalism and Ethnicity: Research Agendas on Theories of Their Sources and Their Regulation” by B. O’Leary; 4. “Theories of the
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Holocaust: Trying to Explain the Unimaginable” by P. Suedfeld; 5. “Armenian Deportations and Massacres in 1915” by F. Adanir; 6. “The Ethnic Element in the Cambodian Genocide” by B. Kiernan; 7. “Approaches to Measuring Genocide: Excess Mortality During the Khmer Rouge Period” by P. Heuveline; 8. “Genocide in Rwanda” by G. Prunier; 9. “From Ethnic Cooperation to Violence and War in Yugoslavia” by A. Oberschall; 10. “The Yugoslav Catastrophe” by M. Glenny; 18. “Ethnopolitical and Other Group Violence: Origins and Prevention” by E. Staub; 19. “Psychosocial Assistance During Ethnopolitical Warfare in the former Yugoslavia” by I. Agger; 20. “Social Psychology and Intergroup Conflict” by M. Hewstone and E. Cairns; and 21. “The Psychology of Group Identification and the Power of Ethnic Nationalism” by C. McCauley. 510.
Clapham, Andrew (2002). “Human Rights,” pp. 232–252. In E. Wayne Nafziger and Raimo Väyrynen (Eds.) The Prevention of Humanitarian Emergencies. New York: Palgrave. Clapham notes that [this] chapter argues that the political problems that produce [humanitarian emergencies] can only be resolved if the solutions incorporate respect for human rights as a cornerstone of the rebuilding programme. . . . The edifice of peace will crumble unless the foundations are fashioned out of the human rights laws that have emerged through recognition of the need to create legal institutions to protect the identity and dignity of groups and individuals. This chapter shows how human rights work needs to be built into the international community’s response to emergencies. Unless the human rights issues are tackled at their root cause, this year’s [humanitarian emergency] could be next year’s catastrophe. (p. 232)
511.
Cleve, Patricia; Colletta, Nat; and Sambanis, Nicholas (2002). “Addressing Conflict: Emerging Policy at the World Bank,” pp. 321–355. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. This chapter is comprised of the following sections and subsections: World Bank Operations in Conflict-Affected and Postconflict Countries [including Bosnia, Burundi, Cambodia, Croatia, the Federal Republic of Yugoslavia, Guatemala and Rwanda]; and Research and Development at the Bank (Conflict Project Indicators; Research Framework; Research Design; Core Conflict Indicators: At-Risk Indicators; Core Conflict Indicators: Conflict Intensity; Core Conflict Indicators: Performance; and Core Conflict Indicators: Peace and Conflict Impact Assessment).
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Cockell, John G. (1998). “Peacebuilding and Human Security: Frameworks for International Responses to Internal Conflict,” pp. 203–230. In Peter Wallensteen (Eds.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. Among the topics the author addresses are: peace-building conceptualized; peace-building and human security; sectoral components of peace building (political security and governance, community security and societal stability, personal security and human rights, economic security); peacebuilding and foreign policy (The Canadian Peace-building Initiative); peacebuilding at the multilateral level (The UN and Post-Reform Leadership); and preventive peacebuilding—new challenges. In his discussion of preventive peacebuilding, Cockell, research associate of the Conflict Analysis and Development Unit at the Department of International Relations at the London School of Economics and Political Science, argues as follows: If there is one key element of this road ahead for international peacebuilding, particularly at the UN . . . , it is that of preventive peacebuilding. This is the idea that transforming the structural causes of imminent internal conflict, i.e., those involving the underlying socio-political grievances and dispute between groups, is as important for effective prevention as high-level peacemaking and mediation. . . . Most internal conflicts . . . evince both the paralysis of dialogue between political elites as well as the presence of fundamental socioeconomic and political grievances which divide societal groups. Effective preventive action should therefore include both the high politics of peace-making as well as the complementary societal initiatives of preventive peace-building. No less than post-conflict peace accords, agreements achieved through successful preventive peacemaking, must be supported by a durable foundation of action to address the underlying social, economic, and political cases of the crisis. A wider understanding of simultaneous paths for preventive action would thus make peacebuilding truly the “counterpart of preventive diplomacy” in forestalling the breakdown of peaceful conditions. . . . Further elaboration of the ways in which this complementarity may be achieved in policy and operational terms is thus of central importance to the long-term success of peacebuilding as part of a comprehensive strategy for conflict prevention and transformation. (p. 203)
513.
DeRose, Laurie, Messer, Ellen, and Millman, Sara (1998).Who’s Hungry? And How Do We Know? Food Shortage, Poverty, and Deprivation. New York: United Nations University Press. 320 pp. This book addresses the following issues: poverty, hunger, starvation, food supply, nutrition policy, famines, war and society, and economic sanctions.
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514.
de Waal, Alex (Ed.) (2000). Who Fights? Who Cares? War and Humanitarian Action in Africa. Trenton, NJ: Africa World Press, Inc. 243 pp. The essays in this volume were initially prepared for a conference on “humanitarian and political challenges in Africa” that was held in Kigali, Rwanda, in October 1999. The conference was convened by InterAfrica Group and Justice Africa and hosted by the Pan African movement. The essays herein are unsigned. They are reportedly based on a wide range of contributions—both written and verbal. Among the diverse set of issues addressed are: “Why does war persist in Africa—is the continent caught in a ‘war trap’ whereby conflict is generating more conflict?”; “What are the causes, implications and solutions for genocide, especially in the Great Lakes?”; “What structures for regional peace and security are required for an effective international security order in Africa?”; “What is the future of humanitarian intervention in Africa—and in particular, do African forces now require a specifically African doctrine for intervention?”; “Certain forms of democratic political process can help prevent famine—how can these be made a reality in Africa?”; “What institutions can be effective in preventing and relieving humanitarian crises?”; “What is the role for international humanitarian law?”; and “What mechanisms for humanitarian accountability can be developed?” The eight chapters that comprise this book are: 1. “The Persistence of War in Africa”; 2. “Genocide and Its Implications”; 3. “Structures for Regional Peace and Security”; 4. “Interventions and Sanctions”; 5. “Democratic Political Process and the Fight Against Famine”; 6. “Humanitarian Capacities and Institutions”; 7. “International Humanitarian Law”; and 8. “Humanitarian Accountability.”
515.
Dobkowski, Michael N., and Wallimann, Isidor (Eds.) (1998).The Coming Age of Scarcity: Preventing Mass Death and Genocide in the Twenty-First Century. Syracuse, NY: Syracuse University Press. 350 pp. This volume delineates how scarcity and “surplus populations” can lead to disaster. More specifically, various authors discuss how present-day population growth, land resources, energy consumption, and per capita consumption cannot be sustained without leading to greater catastrophes—including genocide. The book is comprised of fourteen chapters: 1. “The Coming Age of Scarcity: An Introduction” by Michael N. Dobkowski and Isidor Wallimann; 2. “The Threat to the Underclass” by John B. Cobb, Jr.; 3 “The Paradox of Global Development and the Necessary Collapse of Modern Industrial Civilization” by Chris H. Lewis; 4. “Biophysical Limits to Industrializa-
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tion: Prospects for the Twenty-First Century” by John M. Gowdy; 5. “Our Unsustainable Society: Basic Causes, Interconnections, and Solutions” by Ted Trainer; 6. “Defining the New American Community: A Slide to Tribalism?” by Virginia Abernethy; 7. “The Vicious Circle Principle: A Contribution to the Theory of Population and Development” by Craig Dilworth; 8. “The Social Impact of Scarcity: The Political Responses of Institutionally Developed Societies” by Kurt Finsterbusch; 9. “Competition, Expansion, and Reaction: The Foundations of Contemporary Conflict” by Joseph A. Tainter; 10. “Scarcity and Genocide” by Roger W. Smith; 11. “Postcolonial Genocide: Scarcity, Ethnicity, and Mass Death in Rwanda” by David Norman Smith; 12. “Intrastate Conflict and Sustainable Development: Lessons from Bosnia, Somalia, and Haiti” by Waltraud Queiser Morales; 13. “Scarcity, Genocide, and the Postmodern Individual” by Leon Rappoport; and 14. “Critical Reflections on the Doomsday, Apocalyptic Vision” by Craig A. Rimmerman. 516.
Dobkowski, Michael N., and Wallimann, Isidor (1998). “The Coming Age of Scarcity: Introduction,” pp. 1–20. In Michael Dobkowski and Isidor Wallimann (Eds.) The Coming Age of Scarcity: Preventing Mass Death and Genocide in the Twenty-First Century. Syracuse, NY: Syracuse University Press. In their introduction, the authors argue as follows: . . . [W]e postulate that the social, economic, and historic circumstances making mass death possible are largely the creations of human beings, are not random and may be associated with social patterns and structures that can be studied. Scholars have demonstrated that for past genocides. We should be able to bring these insights to bear on a consideration of the dangers we face in the future. As we approach the end of the millennium and the beginning of the twenty-first century, nothing is clear or certain except that the projection of present directions in population growth, land resources, energy consumption, and per capita consumption cannot be sustained and may lead to even greater catastrophe. These challenges are experienced and expressed by different social segments in ways that are likely to create fierce conflict within place and between place. . . . The problem facing us as we approach the twenty-first century is not how to reduce scarcity and downsizing, but how to resolve the resulting conflicts, without resorting to genocide either explicitly through warfare or implicitly through unequal burden sharing. (pp. 2–3)
517.
Doom, Ruddy (1998). “From Information to Political Action: Some Political Prerequisites,” pp. 101–120. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International.
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Doom, director of the Centre for Third World Studies at the University of Ghent in Belgium, argues that conflicts inhere in social and political life and should not always become the focus of preventive action; that is, they should not be halted for the mere purpose of stability, but be addressed along the lines of sustainable development. 518.
Eliasson, Jan (1996). “Conflict and Development: Causes, Effects and Remedies,” pp. 347–353. In Luc van de Goor, Kumar Rupesinghe, and Paul Sciarone (Eds.) Between Development and Destruction: An Enquiry into the Causes of Conflict in Post-Colonial States. New York: St. Martin’s Press. In this piece, Eliasson, who was permanent representative of Sweden to the United Nations in New York and Under Secretary-General for Humanitarian Affairs at the United Nations from 1992 to 1994, argues that while conventional wisdom regarding the relationship between conflict and development is that conflict undermines development, what should be examined more deeply is how development and humanitarian action can prevent or diminish conflict.
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Eliasson, Jan (2000). “Establishing Trust in the Healer: Preventive Diplomacy and the Future of the United Nations,” pp. 215–239. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. This chapter is comprised, in part, of the following sections and subsections: Steps to Prevent and Handle Post-Cold War Conflicts; Is Prevention Possible—and When?; The Role of the UN in Conflict Prevention; Can the Healer Be Trusted?, and Beyond the Crisis: A Program for Preventive Action (Carry Out Financial and Structural Reform, Work Together with NGOs and Civil Society, Address the Root Causes of Conflict, Develop Concrete Preventive Tasks for the General Assembly, and Mobilize All of the UN System).
520.
Esman, Milton (1997). Can Foreign Aid Moderate Ethnic Conflict? Washington, D.C.: United States Institute of Peace. 18 pp. Written by a leading authority on ethnic politics and development assistance who is also emeritus professor of International Studies at Cornell University, this report is comprised of the following sections and topics: The Ethnic Context and Consequences of Foreign Aid (The Importance of Context and Distributional Consequences); The Principal Actors and Components of Development Assistance; The Culture and Institutions of Development Assistance; The Goals of Intervention; and Policies to Avert Moderate Ethnic Conflict (Allocation Formulas, The Promotion of Democratization
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and Human Rights and Ethnic Conditionality). Esman argues that If development assistance agencies are to address the conflict potential of ethnic pluralism constructively, they must recognize that there are no standard formulas for managing ethnic conflict and that context conditions the effectiveness of interventions. Thus, agencies must first equip themselves with as much reliable information about a host country’s ethnic dynamics and relations as they routinely gather about local economic conditions. For each proposed policy or project intervention, they should prepare an “ethnic impact statement” similar to the environmental impact statements that are now required. The ethnic impact statement should detail the ethnic landscape of the host country and assess the likely effects on ethnic relations of the proposed intervention. (p. v)
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Esman, Milton (2001). “Policy Dimensions: What Can Development Assistance Do?”, pp. 235–256. In Milton J. Esman and Ronald J. Herring (Eds.) Carrots, Sticks, and Ethnic Conflict: Rethinking Development Assistance. Ann Arbor: The University of Michigan. In his conclusion, Esman asserts that Much depends on the ability of staff members of donor agencies to understand that their interventions must recognize the specific conditions, capabilities, and predispositions in every host country, including each country’s ethnic politics. By now it should be clear that one approach cannot fit all, whether the issue is neoliberal economics, majoritarian elections, or large-scale infrastructure projects. Staff members must be sensitive to national specifics, and every group responsible for designing and implementing interventions must include people who have studied and are well grounded in these realities. This will better enable donor agencies to anticipate the social and political, as well as the economic, consequences of alternative methods of providing external assistance and to select intervention strategies—carrots and sticks—that avert and, where possible, actually mitigate ethnic conflict. (pp. 253–254)
522.
Falk, Richard (2000). “The Challenge of Genocide and Genocidal Politics in an Era of Globalization,” pp. 177–194. In Tim Dunne and Nicholas J. Wheeler (Eds.) Human Rights in Global Politics. New York: Cambridge University Press. Falk, professor of International Law and Practice at Princeton University, notes that in his essay he . . . considers two clusters of interrelated contemporary developments that are responsible for the most widespread and acute human suffering in the world: genocidal politics and economic globalization. In both settings the fundamental ordering arrangements of international society and prevailing realist mentality seem unable and unwilling to protect vulnerable peoples. Human wrongs of horrifying magnitude result. Of course, the root cause of such abusive behavior
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is often local or national, with deep historical roots, and the responsibility of international society is primarily associated with the failure to provide an effective, mitigating response. (p. 182)
523.
Gagnon, Jr., V. P. (2000). “Ethnic Nationalism and International Conflict: The Case of Serbia,” p. 132–168. In Michael E. Brown, Owen R. Coté, Sean M. Lynn-Jones, and Steven E. Miller (Eds.) Nationalism and Ethnic Conflict: An International Security Reader. Cambridge, MA: The MIT Press. In his introduction, Gagnon, a post-doctoral fellow in peace and security in a changing world in the peace and studies program at Cornell University, argues that Despite the urgency of [the] issue, theories of international relations have not addressed the question of ethnic nationalist conflict. The main challenge is conceptual: how to establish the causal link between ethnic nationalist sentiment and interstate violence. Existing approaches tend to assume either that ethnic sentiment itself is the main cause of violent conflict, or that external security concerns lead national decision-makers to inflame such sentiment. In this paper, I argue that such violent conflict is caused not by ethnic sentiments, nor by external security concerns, but rather by the dynamics of within-group conflict. The external conflict, although justified and described in terms of relations with other ethnic groups and taking place within that context, has its main goal within the states among members of the same ethnicity. I argue that violent conflict along ethnic cleavages is provoked by elites in order to create a domestic political context where ethnicity is the only relevant identity. It thereby constructs the individual interest of the broader population in terms of the threat to the community defined in ethnic terms. Such a strategy is a response by ruling elites to shifts in the structure of domestic political and economic power: by contrasting individual interests in terms of the threat to the group, endangered elites can fend off domestic challengers who seek to mobilize the population against the status quo, and can better position themselves to deal with future challenges. (pp. 133–134)
Gagnon uses the case of Serbia to illustrate his theory. The chapter is comprised of the following sections and subsections: Domestic Power and International Conflict: A Theoretical Framework; The Case of Serbia (1960s: Threats to the Status Quo; 1980–87: Threats to Conservatives; 1988–90: Threats to the Status Quo; 1990: Threats to the Status Quo; 1991: Threats to the Status Quo); and Conclusion: Ethnic Conflict as Political Strategy. 524.
Gardner, Anne-Marie (2002). “Diagnosing Conflict: What Do We Know?” pp. 15–40. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers.
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This piece, by a Ph.D. candidate in Political Science at Princeton University, is comprised of four sections: 1. Causes of conflict; 2. Causes of peace; 3. Theories on conflict trends; and 4. Potential issues for formulating “actionable recommendations” by the United Nations. In her introduction, Gardner observes that Despite wide variation in approaches and focal points, there appears to be convergence in two fundamental areas [vis-a-vis causes of conflict]. First, four factors appear repeatedly as especially prominent causes of conflict: insecurity, inequality, private incentives, and perceptions. These factors often work in tandem: economic inequalities may exacerbate security concerns, and perceptions fuel incentives to initiate or support conflict. Increasingly emphasized in the literature is the role played by economic factors, such as economic inequalities or the economic incentives of subnational actors. Prevention efforts must therefore utilize a multipronged approach, addressing multiple factors in a coordinated fashion, and emphasize previously neglected economic factors. Second, these causes interact with each other across time. Scholars designate some factors as structural causes and some as mobilizing factors that more directly precipitate the outbreak of war. Structural factors are the deeply rooted, underlying causes of conflict that may not always develop into violence. Mobilizing factors are more immediate to the conflict and often involve the actions of elites and/or masses. Thus, prevention should target underlying causes with long-term approaches and mobilizing factors with short-term prevention efforts—the latter focused on the role played by local actors. (p. 16)
525.
Gartzke, Erick, et al. (2001). “Investing in the Peace: Economic Interdependence and International Conflict.” International Organization, 55(2):391–438. In their introduction, the authors, all of whom are in the political science department at Pennsylvania State University, observe and then note that Students of world politics have long argued that peace is a positive externality of global commerce. Theorists like Montesquieu and Kant and practitioners like Woodrow Wilson asserted that economic relations between states pacify political interaction. Mounting evidence in recent years appears to substantiate these claims. Multiple studies, many identified with democratic peace, link interstate trade with reductions in militarized disputes or wars. While we concur with the evolving consensus, we see existing analyses of economics and peace as incomplete. On the one hand, a rich history of theorizing offers speculation addressing virtually every aspect of the relationship between economics and conflict. On the other hand, empirical studies of interdependence often adopt excessively narrow indicators of economic activity. It may be rewarding to take an intellectual step back—to briefly assess the broader theoretical question of how interdependence is likely to affect conflict behavior—and then to examine promising aspects of the relationship using more appropriate indicators. (p. 397)
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Using a theory of dispute onset based on work by James Fearon and others, we deduce conditions under which interdependence likely contributes to peace. In contrast to conventional interpretations, we show that opportunity costs associated with economic benefits generally cannot deter disputes. Instead, interdependence creates the means for states to demonstrate resolve without resorting to military violence. Liberal states more ably address the informational problems that give rise to costly contests credibly communicating through signals using nonviolent methods of conflict. (p. 392)
The article is comprised of the following sections and subsections: Existing Arguments About Economics and Peace (The Democratic Peace; Trade Interdependence; Monetary Interdependence; Capital Interdependence); Theory: Economic Interdependence and Peace; Why States Fight: A Theory of Costly Contests; Why Some States Do Not Fight: Contributions of Interdependence to Peace; How Interdependence Functions in the Context of Politics; Research Design; The Dependent Variable (Measuring Monetary Interdependence; Measuring the Impact of Capital Investment; Control Variables; Plan for Model Estimation and Presentation); Results; and Conclusion. 526.
Hamburg, David A. (2002). No More Killing Fields: Preventing Deadly Conflict. Lanham, MD: Rowman & Littlefield Publishers. 365 pp. Hamburg, president emeritus of the Carnegie Corporation of New York and former professor of Medicine at Stanford and Harvard Universities, argues that the prevention of violent civil conflict is built on key pillars, including democratic governance, economic development, and nonviolent problem solving in dangerous situations. The book is comprised of the following: 1. “Growing Up in a Time of Violence: Multiple Perspectives on Prevention”; 2. “The Origins of World War II and the Holocaust: Powerful Stimuli for Prevention”; 3. “Governments and Intergovernmental Organizations: Paralyzed Giants or Serious Players?”; 4. “Institutions of Civil Society: Partners for Peace”; 5. “Preventive Diplomacy: Early Help with Empathy and Problem Solving”; 6. “Democracy and Prevention: The Essence of Nonviolent Conflict Resolution”; 7. “Toward Competent, Decent, and Prosperous States: Updating Socioeconomic Development”; 8. “International Cooperation for Prevention: Emerging from the Shadows”; 9. “Preventing Catastrophic Terrorism: International Cooperation, Weapons of Mass Destruction, and Democratic Development”; 10. “Prognosis for Prevention: Promising Developments in the First Two Years of the Twenty-First Century”; Epilogue: “A Landmark Report on Fulfillment of the UN’s Potential for Prevention”; Appendix I: “Carnegie Commission on Preventing Deadly Conflict Publications”; and Appendix
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2: “Additional Valuable Sources of Information and Concepts Pertinent to Preventing Deadly Conflict.” 527.
The Independent Working Group on the Future of the United Nations (1995). The United Nations in Its Second Half Century. New York: Ford Foundation. 53 pp. In this report, the Independent Working Group (comprised of such distinguished figures as Richard von Weizsäcker, former president of the Federal Republic of Germany; Koji Kakizawa, former foreign minister of Japan; Xue Mouhong, former ambassador of China; Anthony Parsons, former permanent representative to the United Nations, United Kingdom; and Paul Kennedy, Yale University) discusses a host of issues germane to the UN role’s in regard to the intervention and prevention of genocide, including the critical need to “improv[e] global economic conditions.”
528.
James, Harold (1998). “The Economics of Nationalism and Violence,” pp. 49–72. In Christopher Dandeker (Ed.) Nationalism and Violence. New Brunswick, NJ: Transaction Publishers. This chapter by James, professor of History at Princeton University, examines the connections between nationalism, economic development, and violence. In his introduction, James states that In this chapter it is argued that the key to the question whether nationalism is harmful and internationally destablizing or whether it plays a stabilizing function by promoting a sense of identity and legitimacy, lies in the nature of the relationship between nationalism and economics. An excessively close association of national integration and economic forces has in the past led to tension and volatility in domestic and international politics. What creates that closeness, however, is by no means an inexorable process; but rather the intellectual association of beliefs about what the nation should represent and how the economy should function. There is no automatic path to smooth and peaceful modernization: the terrible example of the twentieth century development of Germany, Japan, and Russia, should warn us against that assumption. But neither is there a necessary and inevitable process of disintegration and violence following from attempted economic change. (p. 51)
The essay is comprised of the following sections: Nationality and Economic Performance, The Challenge to Classical Nationalism, Economics and International Peace, and Dilemmas and the Solutions. In his conclusion, James asserts that “It is as misleading to be relentlessly pessimistic about the pains of modernization as to be exuberantly optimistic
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about its benefits. There are, it is suggested, two key issues at stake: acceptance of an international orientation in economics; and recognition that the capacity of governments to act in the context of a nation-state are limited. It is not widely enough seen that acceptance of these two principles will make nation-states more legitimate as the focus for other kinds of non-economic political activity.” (p.70) 529.
Johansen, Robert C. (1998). “Building World Security: The Need for Strengthened International Institutions,” pp. 386–410. In Michael T. Klare and Yogesh Chandrani (Eds.) World Security: Challenges for a New Century. New York: St. Martin’s Press. In this chapter, Johansen, director of graduate studies at the Kroc Institute for International Peace Studies and Professor of Government at the University of Notre Dame, argues that to interrupt the inertial tendency to remain unresponsive to changing security problems, we need principled world policy—one designed to implement and institutionalize clearly desirable values that serve not just one or several national interests, but what might be called the “human interest.” To embrace key principles for the conduct of nations can produce several positive results. First, an awareness of central principles gives constancy to policy and reduces the damage arising from partisan politics when elected officials or opportunistic candidates, in the interest of obtaining public support, fan the flames of adversarial nationalism, reinforce exaggerated fears of foreigners or those of different ethnicity or religions, or suggest that jingoism, militarism, economic exploitation, and the stifling of dissent are congruent with patriotism. (p. 389)
The five basic principles that Johansen suggests, each of which calls for innovative changes in international institutions, are: reciprocity (e.g., “a more just representation of all people in increasingly democratic institutions capable of mediating national partisanship,” p. 394); equity; sustainability (to effectively cope with environmental perils); democratization; and demilitarization. A real strength of this piece is that it prods theorists, policy makers, academics, and activists to begin to address the systemic issues that contribute to conflict in the first place. 530.
Klare, Michael T. (2001). Resource Wars: The New Landscape of Global Conflict. New York: Henry Holt, 2001. 277 pp. In this book, Klare, professor of peace and world security studies at Hampshire College, asserts that much of the ethnic and sectarian conflict engulfing parts of the globe in the 1990s has been instigated by clashes over natural resources, especially oil, water, timber and minerals. He further asserts that while many of the conflicts may seem to be ethnic in nature—and
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may have evolved into such—scholars and policymakers would be remiss if they overlooked the conflicts’ origins as they relate to resource disputes. Ultimately, Klare proposes the creation of new international bodies whose goal would be to prevent conflict and, if need be, allocate resources in periods of scarcity. 531.
Lake, David, and Rothchild, Donald (Eds.) (1998).The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. 392 pp. In this book, the editors and contributors argue that “ethnic conflict is not caused directly by intergroup differences or centuries-old feuds and that the collapse of the Soviet Union did not simply release long-suppressed ethnic passions. In turn, they examine how anxieties over security, competition for resources, breakdown in communication with the government, and the inability to make enduring commitments lead ethnic groups into conflict. The essays presented focus on the strategic interactions that underlie ethnic conflict and its effective management by addressing two questions: First, how, why and when do ethnic conflicts diffuse by precipitating similar conflicts elsewhere or escalate by bringing in outside parties? Second, how can such transnational ethnic conflicts best be managed?” (p. i). The book is comprised of the following parts and sections: Part One: Introduction (1. “Spreading Fear: The Genesis of Transnational Ethnic Conflict” by David A. Lake and Donald Rothchild); Part Two: The International Spread of Ethnic Conflict (2. “Ethnic Dissimilation and Its International Diffusion” by Timur Kuran; 3. “Tactical Information and the Diffusion of Peaceful Protest” by Stuart Hill, Donald Rothchild, and Colin Cameron; 4. “Transnational Ethnic Ties and Foreign Policy” by Will H. Moore and David R. Davis); Part Three: The Limits to Spread (5. “Commitment Problems and the Spread of Ethnic Conflict” by James D. Fearon; 6. “Is Pandora’s Box Half Empty or Half Full? The Limited Virulence of Secessionism and the Domestic Sources of Disintegration” by Stephen M. Saideman; 7. “The Spread of Ethnic Conflict in Europe: Some Comparative-Historical Reflections” by Sandra Halperin; 8. “Ethnicity, Alliance Building, and the Limited Spread of Ethnic Conflict in the Caucasus” by Paula Garb); Part Four: The Management of Transnational Ethnic Conflict (9. “Containing Fear: The Management of Transnational Ethnic Conflict” by Donald Rothchild and David A. Lake; 10. “Minority Rights and the Westphalian Model” by Stephen D. Krasner and Daniel T. Froats; 11. “Ethnicity and Sovereignty: Insights from Russian Negotiations with Estonia and Tatarstan” by Cynthia S. Kaplan; 12. “Transnational Ethnic Conflict in Africa” by Edmond J. Keller; 13. “Preventive Diplomacy and Ethnic Conflict: Possible, Difficult, Necessary” by Bruce W. Jentleson; 14. “Putting Humpty-Dumpty Together
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Again” by I. William Zartman); and Part Five: Conclusion (15. “Ethnic Fears and Global Engagement” by David A. Lake and Donald Rothchild). 532.
Lewis, Chris H. (1998). “The Paradox of Global Development and the Necessary Collapse of Modern Industrial Civilization,” pp. 43–60. In Michael N. Dobkowski and Isidor Wallimann (Eds.) The Coming Age of Scarcity: Preventing Mass Death and Genocide in the Twenty-First Century. Syracuse, NY: Syracuse University Press. Lewis, an instructor in the Sewall American Studies Program at the University of Colorado at Boulder, makes the following argument: [W]e are witnessing the collapse of global industrial civilization. Driven by individualism, materialism, and the endless pursuit of wealth and power, the modern industrialized world’s efforts to modernize and integrate the world politically, economically, and culturally since World War II are only accelerating this global collapse. In the late-twentieth century, global development leaves 80 percent of the world’s population outside the industrialized nations’ progress and affluence. . . . With the collapse of the modern world, smaller, autonomous, local and regional civilizations, cultures, and polities will emerge. We can reduce the threat of mass death and genocide that will surely accompany this collapse by encouraging the creation and growth of sustainable, self-sufficient regional polities. (p. 44)
533.
Macrae, Joanna, and Zwi, Anthony (Eds.) War and Hunger: Rethinking International Responses to Complex Emergencies. London: Zed Books. 256 pp. The contributors to this volume discuss and analyze the experiences of non-governmental organizations (NGOs) and United Nations agencies working in areas of conflict and famine. It focuses particular attention on various complex emergencies in African nations, including the Sudan. It also focuses on the reforms required if the UN’s machinery is to cope more effectively with such emergencies.
534.
Mathews, Jessica, T. (1997). “Power Shift.” Foreign Affairs, January/February, 76(1):50–66. In her introduction, Mathews, a senior fellow at the Council on Foreign Relations, writes as follows: The end of the Cold War has brought no mere adjustment among states but a novel redistribution of power among states, markets, and civil society. National governments are not simply losing autonomy in a globalizing economy. They are sharing powers—including political, social, and security roles at the core of sovereignty—with businesses, with international organizations, and with a multitude of citizen groups, known as nongovernmental organizations (NGOs).
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The steady concentration of power in the hands of states that began in 1648 with the Peace of Westphalia is over, at least for a while. The absolutes of the Westphalian system—territorially fixed states where everything of value lies within some states’ borders; a single, secular authority governing each territory and representing it outside its borders; and no authority above states—are all dissolving. Increasingly, resources and threats that matter, including money, information, pollution, and popular culture, circulate and shape lives and economics with little regard for political boundaries. International standards of conduct are gradually beginning to override claims of national or regional singularity. Even the most powerful states find the marketplace and international public opinion compelling them more often to follow a particular course. . . . These trends have fed a growing sense that individuals’ security may not in fact reliably derive for their nation’s security. A competing notion of “human security” is creeping around the edges of official thinking, suggesting that security be viewed as emerging from the conditions of daily life—food, shelter, employment, health, public safely—rather than flowing downward from a country’s foreign relations and military strength. (pp. 50–51)
535.
Maxwell, Dayton L. (1998). “Facing the Choice Among Bad Options in Complex Humanitarian Emergencies,” pp. 179–191. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers. In this thought-provoking essay, Maxwell, a retired U.S. senior foreign service officer for the Agency for International Development (USAID), argues that by failing to examine the mid- to long-term effects of following short-term politically acceptable solutions in countries immersed in conflict, “better options may be discarded. The willingness on the part of the international community to spend billions of dollars over the last few years in relief and minimal security protection for relief efforts has led to the use of the term ‘fig leaf.’ Providing relief hides the fact that more vigorous actions and greater risks are required to bring a conflict to a close” (p. 179). Maxwell briefly discusses the tough choices that were avoided in Bosnia in 1994–1995 and in Rwanda in 1994 and the resulting disasters that occurred. He then argues that economic assistance is a necessary but not sufficient component of establishing a stable peace. He asserts that a determination must be made regarding the use of limited resources, especially when there are so many areas of need: “establishing a neutral and professional security and justice system, re-establishing normal economic activity, restoring essential public services and utilities, determining and initiating the most appropriate economic and social policies, creating a governance which respects minority rights and evolves toward a viable democracy, planning and holding free and fair elections, disarmament and demobilization . . . ,
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repatriation of refugees and internally-displaced persons, empowering civil society as a viable representative of the population, developing viable financial management, and creating a credible investment climate.” (p. 182) Finally, he posits a series of provocative questions that could be used to stimulate thinking and discussion regarding those issues that need to be addressed in order to develop a more systematic approach to figuring out how organizations can work more effectively together. 536.
Mendes, Errol P., and Ozay, Mehmet (2003). Global Governance, Economy and Law Waiting for Justice. New York: Routledge. 272 pages. This book is comprised of the following chapters: 1. “The ‘Tragic Flaw’ of Humanity Reflected in the United Nations and the Struggle for Human Rights”; 2. “World Trade: For Whose Benefit?”; 3. “Power and Responsibility: The Ethical and International Legal Duties of the Global Private Sector”; 4. “From a-race-to-the-bottom to Social Justice in the Global Labour Market”; and 5. “The Failure of the International Financial System and Paying for Upward Harmonization.”
537.
Morales, Waltraud Queiser (1998). “Intrastate Conflict and Sustainable Development: Lessons from Bosnia, Somalia, and Haiti,” pp. 245–268. In Michael N. Dobkowski and Isidor Wallimann (Eds.) The Coming Age of Scarcity: Preventing Mass Death and Genocide in the Twenty-First Century. Syracuse, NY: Syracuse University Press. In his introduction, Morales, professor of international and comparative studies at the University of Central Florida, argues and then states the following: An important causal element often only implied [in various theories], but which facilitates racial, ethnic, and nationalistic intrastate conflicts is economic scarcity. Although theoretical explanations may ignore or downplay the critical ingredient of scarcity—whether actual or perceived, or primarily economic, sociocultural, or a mixture of these—scarcity activates “balkanization.” Both the “objective” and “subjective” increase in socioeconomic competition for scarce state resources is an essential (but not necessarily sufficient) precondition of intrastate violence. Scarcity establishes, triggers, and heightens the “us” versus “them” polarization of society. Therefore, explanations close to home isolate many of the same structural and cultural preconditions of intrastate conflict. . . . The central argument of my analysis does not suppose that socioeconomic scarcity represents a unicausal explanation for global wars, ethnic violence and civil unrest with states (or between and among states). However, it does assert that the important conditioning, and motivating role of scarcity may be obscured by over-emphasis on cultural, ethnic, and nationality factors alone. Analysis of intrastate violence in Somalia, Bosnia [among other places] will attempt to support this interpretation. (pp. 246–247).
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Muscat, Robert J. (2002). Investing in Peace: How Development Aid Can Prevent or Promote Conflict. Armonk, NY: M. E. Sharpe. 265 pp. In this book, Muscat, an international development expert who has worked in South America, South and Southeast Asia, East Africa, and the Balkans, addresses the following questions: “Is there anything international actors can to do to prevent, or at least ameliorate, violent conflict?”; “Do the actions of aid and development agencies sometimes make bad situations worse?”; and “Are there examples of international programs that succeed so well that many, if not most, are unaware of their effectiveness in conflict prevention?” The book is comprised of the following parts and chapters: I. Conflicts, Causes, and Economic Development (1. “Introduction: Conflict and the International Development Agencies”; 2. “Conflicts Fought, Conflicts Avoided: Nine Cases [including Rwanda and Yugoslavia]”; 3. “Development and Conflict: Connections and Precursors”); and Part II. Toward an Agenda for Conflict Prevention (4. “Relevance and Assessment”; 5. “Inducing Nonviolent Politics and Conflict Management”; 6. “Economic and Sector Policies: Reforms, Preferences, and Harmonization of Interests”; and 7. “Persuasion, Leverage, and Sanctions”).
539.
Nafziger, E. Wayne, and Auvinen, Juha (2003). Economic Development, Inequality and War: Humanitarian Emergencies in Developing Countries. New York: Palgrave. 256 pp. The goals of the authors (Nafziger is Distinguished Professor at Kansas State University, and Auvinen is docent of international politics at the University of Helsinki) is to show how economic decline, income inequality, political authoritarianism, military centrality, and competition for mineral exports contribute to war and humanitarian emergencies. They argue that economic regress and political decay bring about relative deprivation, a perception by social groups of injustice arising from a growing discrepancy between what they expect and get. They assert that both economic greed and social grievances drive contemporary civil wars. Finally, the authors identify policies for preventing humanitarian emergencies. The book is comprised of the following: “A Humanitarian Emergency: War, Genocide, and Displacement”; “Poverty, Stagnation, Unemployment, and Inflation”; “Ethnicity, Political Economy, and Conflict”; “Inequality, Exclusivity, and Relative Deprivation”; “Stagnation, Inequality, Adjustment, and Elite Interests”; “Authoritarianism, Democratization, and Military Centrality”; “The Failure of Agriculture: Food Entitlements, Elite Violence, and Famines”; “The Conflict Over Land and Natural Resources”; and “Preventing Humanitarian Emergencies: Policy Implications.”
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540.
Nafziger, E. Wayne, and Väyrynen, Raimo (Eds.) (2002).The Prevention of Humanitarian Emergencies. New York: Palgrave. 320 pp. This book is comprised of the following parts and chapters: 1. “The Political Economy of Preventing Humanitarian Emergencies—Asking the Questions” by E. Wayne Nafziger; Part I: International Economic Responses (2. “Macroeconomic Stabilization and Structural Adjustment” by Christopher Cramer and John Weeks; 3. “Global Linkages, Vulnerable Economies and the Outbreak of Conflict” by Valpy FitzGerald); Part II: Domestic Economic Responses (4. “State Legitimacy, Tax Reform, and the Provision of Basic Services” by John Toye; 5. “Agrarian Reform, Land Redistribution and Small-Farm Policy” by R. A. Berry; 6. “Protecting Environmental Resources and Preventing Land Degradation” by Gaim Kibreab); Part III. Governmental and non-Governmental Strategies (7. “Preventing Humanitarian Emergencies: Human Security and Strategic Action” by Raimo Väyrynen; 8. “Democratization and Institutional Reform” by Richard Sandbrook; 9. “Donor Governments” by Helge Hveem; 10. “Transnational Non-Governmental Organizations: The Edge of Innocence” by William E. DeMars; 11. “Multilateral Military Responses” by Thomas G. Weiss; 12. “Human Rights” by Andrew Clapham; 13. “The Geopolitics of Mercy: Humanitarianism in the Age of Globalization” by Antonio Donini; and “Conclusion: Lessons for Preventative Action” by Raimo Väyrynen).
541.
Ndikumana, Léonce (2000). “Towards a Solution to Violence in Burundi: A Case for Political and Economic Liberalisation.” The Journal of Modern African Studies. September, 38(3):431–459. Ndikumana, assistant professor of Economics at the University of Massachusetts, Amherst, asserts the following in his abstract: “This article posits that the solution to violence must revolve around political and economic liberalisation aimed at (1) eradicating the tradition of using the state for oppression and accumulation; (2) achieving egalitarian development; and (3) protecting the rights of all citizens (p. 431).
542.
Nelson, Jane (2000).The Business of Peace: The Private Sector as a Partner in Conflict Prevention and Resolution. London: The Prince of Wales Business Leaders Forum, International Alert, and Council on Economic Activities. 158 pp. This publication provides a detailed overview of the linkages between business and conflict. In doing so, it discusses such issues as the following: why the private sector can no longer afford to ignore the causes and costs of conflict; some of the key factors that determine whether business plays a negative role by creating or exacerbating violent conflict or, conversely, a positive role by helping to prevent or resolve it; and the practical actions
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that companies can take, both individually and in partnership with other actors, to support conflict prevention and resolution. The report is aimed at company managers and other practitioners and policy makers active in the inter-linked fields of corporate responsibility, international development, and conflict prevention and resolution. 543.
Newman, Edward, and Rich, Roland (Eds.) (2004). The UN Role in Promoting Democracy: Between Ideals and Reality. Tokyo: United Nations University Press. 320 pp. This book considers and questions the modalities, effectiveness, and controversies of the UN’s work in promoting and assisting democracy. It examines whether it is possible for the UN to help to build the foundations of democracy and whether, as an “external” actor, it can have a substantive positive impact upon the development of democratic governance inside societies. In doing so, the editors and contributors address the following issues: the promotion of democracy: international law and norms; crafting Security Council mandates; building democracy through benevolent autocracy—consultation and accountability in UN transitional administrations; elections in post-conflict societies; the UN’s electoral assistance programs; UN democracy promotion; UN experience in long-term democracy assistance; and the extent of the United Nation’s impact on democracy in Cambodia, Kosovo, and East Timor.
544.
Omaar, Rakiya, and De Waal, Alex (1994). Humanitarianism Unbound? Current Dilemmas Facing Multi-Mandate Relief Operations in Political Emergencies. London: African Rights. 40 pp. The authors examine the ramifications of the seemingly ever-expanding mandate of international relief organizations in the post-cold war period. They assert that “neutral humanitarian action” is not only impossible but possibly counterproductive.
545.
Organization for Economic Cooperation and Development (1998). Conflict, Peace and Development. Co-operation on the Threshold of the 21st Century—Development Co-operation Guidelines Series. Paris: Author. 110 pp. These guidelines represent a “work in progress” by the Development Assistance Committee (DAC) members (an international group comprised of individual nations, the United Nations Development Program, the World Bank, the International Monetary Fund, and others). They constitute the DAC’s collective view and commitment regarding basic changes that are needed vis-à-vis the way in which the international community responds to the need for conflict prevention and peacebuilding. A framework is
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delineated for analyzing conflict and its links with development for the purpose of identifying concrete opportunities for providing assistance in support of peace. These include support in areas such as democratization, justice and security sector reform, intercommunity relations, mediation and negotiations, education, human rights training, freedom, and access to information, the reintegration of uprooted populations, the demobilization of former combatants, the restoration of a capacity for economic management, and regional approaches to conflict prevention and peace-building. 546.
Patomaki , Heikki, and Teivainen, Teivo (2005). Possible World Democratic Transformation of Global Institutions. Boston, MA: Zed Books. 256 pp. This book describes and evaluates a wide spectrum of democratic reform proposals for the UN, the World Bank and International Monetary Fund, the World Trade Organization, and international judicial institutions. In doing so, it explores innovative ideas for empowering global civil society, including a debt arbitration mechanism and global taxation.
547.
Peck, Connie (1998). Sustainable Peace: The Role of the UN and Regional Organizations in Preventing Conflict. Lanham, MD: Rowman & Littlefield Publishers. 296 pp. In his foreword, David A. Hamburg, co-chair of the Carnegie Commission on Preventing Deadly Conflict, notes that “This book seeks an integrative agenda for preventing deadly conflict by fostering a dynamic interplay between theory and practice. It delineates effective preventive diplomacy to keep disputes from turning into violent conflict and backs this up with a long-term approach to tackle the structural causes of conflict and the development of institutions to promote just solutions to underlying problems. It illuminates the fact that the most secure states are those which provide the greatest human security to their populations” (p. xiii). The book is comprised of the following parts and chapters: Part One: Contemporary Conflict and Sustainable Peace (1. “The Second Half of the Twentieth Century”; 2. “The Goal of Sustainable Peace”; 3. “Diagnosing Contemporary Conflict”; 4. “Finding Structural Solutions to Conflict”); Part Two: The Role of UN, Regional Organizations, and NGOs in Promoting Sustainable Peace (5. “The United Nations”; 6. “The Council of Europe”; 7. “The Organization for Security and Cooperation in Europe”; 8. “The Organization of American States”; 9. “The Organization of African Unity”; 10. “The Association of Southeast Asian Nations”; 11. “The Developing Role of Nongovernmental Organizations”); and Part Three: Organizing for Sustainable Peace (12. “Sharing Responsibility in Conflict Prevention”; 13. “Regional Centers for Sustainable Peace”; and 14. “The First Half of the Twenty-First Century: Promoting Good Governance Regionally and Internationally”).
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Petersen, Roger D. (2003). Understanding Ethnic Violence: Fear, Hatred, and Resentment in Twentieth-Century Eastern Europe. New York: Cambridge, University Press. 298 pp. Asserting that emotion is a major contributor to ethnic violence, the author explores and delineates the role of emotion (fear, hatred, rage, and resentment) played out in the Baltic states (1905 through the early 2000s), Czechoslovakia (1848–1998), and Yugoslavia (the 1990s). He argues that neither fear nor rage is the dominate factor but that rather it is resentment over perceived inequities that drove the conflict.
549.
Prendergast, John (1996). Frontline Diplomacy: Humanitarian Aid and Conflict in Africa. Boulder, CO: Lynne Rienner. 165 pp. Making use of the insights of dozens of aid agency personnel with many years of experience in various parts of Africa, the author has developed a useful guide for policy makers and those who are relatively new to the humanitarian aid front. In doing so, he discusses how aid can actually increase conflict and delineates how such an adverse impact can be lessened by an accurate needs assessment and by avoiding the many problems inherent in “blind involvement.” He also discusses how non-governmental organizations (NGOs) can best assist those in regions of conflict to establish a solid foundation for future security and peace.
550.
Prendergast, John, and Smock, David (1999). Postgenocidal Reconciliation: Building Peace in Rwanda and Burundi. Washington, D.C. United States Institute of Peace. 15 pp. This report, based on a fact-finding mission to the Great Lakes area of Africa in July 1999, “examines the state of affairs in Rwanda and Burundi, the impact of these countries on the region, the region’s effect on them, and ways to advance political and economic participation and the rule of law” (p. 2). The pamphlet is comprised of the following sections: The Status of Insurgencies in Rwanda and Burundi; Addressing the Roots of Regional Conflict (The Friends of Peace in the Congo; The International Coalition Against Genocide (ICAG)); Encouraging Peace and Reconciliation Processes; Democratic Institution Building; Human Rights Promotion; Economic Peace Building; and Security Enhancement).
551.
Ramet, Sabrina Petra (1999). Balkan Babel: The Disintegration of Yugoslavia from the Death of Tito to the War for Kosovo. Boulder, CO: Westview Press. 374 pp. Ramet traces the steady deterioration of Yugoslavia’s political and social fabric in the years since 1980, arguing that whatever the complications
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entailed in the national question, the final crisis was triggered by economic deterioration, shaped by the federal system itself, and pushed toward war by Serbian politicians bent on power—either with a centralized Yugoslavia or within an “ethnically cleansed” greater Serbia. 552.
Rappoport, Leon (1998). “Scarcity, Genocide, and the Postmodern Individual,” pp. 269–282. In Michael N. Dobkowski and Isidor Wallimann (Eds.) The Coming Age of Scarcity: Preventing Mass Death and Genocide in the Twenty-First Century. Syracuse, NY: Syracuse University Press. In his introduction, Rappoport, professor of Psychology at Kansas State University, describes the focus of his essay as follows: “ . . . [T]his chapter is organized in three sections dealing first with the various forms of genocidal events that seem probable in future conditions of scarcity, second with the general issue of postmodern culture and personality, and third with the potential reactions of such postmodern individuals to genocidal events” (p. 269).
553.
Riggs, Fred W. (2000). “The Para-Modern Context of Ethnic Nationalism,” pp. 167–186. In Jose V. Ciprut (Ed.) Of Fears and Foes: Security and Insecurity in An Evolving Global Political Economy. Westport, CT: Praeger. In his conclusion, Riggs, Professor Emeritus at the Department of Political Science of the University of Hawaii in Honolulu, writes as follows: Primordial rivalries between different communities do not explain the contemporary increase in violence attributable to ethnicity, but myths about them arm the activists promoting modern ethnic nationalism. It is wrong to imagine that ethnic conflict has always been a world problem. Multiculturalism is ancient. The deep cleavages generated by ethnic nationalism are modern and growing. These [cleavages] have complex explanations. Ethnicity is more a symptom than a cause. The following considerations may help explain the complex interactive dimensions at play. First, modern processes—industrialism, democratization, and nationalism—have created many post-imperial regimes that cannot satisfy the urgent needs of their national minorities. . . . Second, the world today is increasingly crowded with peoples of diverse cultural backgrounds and histories who live peacefully together under conditions of ethnic diversity. Although frictions abound in these contexts, they normally can be overcome without violent confrontations. . . . Nevertheless, many regimes are so inflexible about political boundaries and so undemocratic in their governance that they cannot satisfy the legitimate needs of ethnic communities under their rule. The rise of ethnic nationalism and terrorism, therefore, often results from the misguided policies of recognized states as much as for the angry claims of minorities for national unification involving boundary changes or for self-determination made possible only by secession from an existing state or through grants of autonomy within such a state. Third, a different and very serious problematic dimension
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involves communities formed by colonial migrations (“plural societies”) in which many minorities continue to experience prejudice and discrimination but cannot, because of their lack of territory and historical myths, make sustainable or acceptable claims either to a separate national identity or to total integration as citizens of the country where they reside . . . Finally, it is an error to think of modern ethnic protests and ethno-National movements as a “revival” or “resurgence” of ancient struggles rooted in historic myths. We need to realize that “global ethnic conflict” is real enough to threaten world peace and to open a new chapter in world politics. (pp. 184–185)
554.
Robinson, Mary (1999). “Genocide, War Crimes, Crimes Against Humanity.” Fordham International Law Journal, 23(2):275–285. In this address to the Fordham University School of Law, the United Nations High Commissioner for Human Rights, Mary Robinson, suggests a number of areas where action could be taken to attempt to halt the widespread perpetration of atrocities across the globe, including the following: governments and international bodies “need to step up the level of preventive actions. There must be an end to the pattern where intervention by armed forces stops atrocities only after the fact” (p. 283); and an all out effort to address the “root causes of conflict” and “to deliver all human rights to all people” (p. 283).
555.
Rubin, Barnett R. (2002). “Systemic Prevention,” pp. 151–160. In Barnett R. Rubin’s Blood on the Doorstep: The Politics of Preventive Action. New York: The Century Foundation Press. In his introduction to this chapter, Rubin asserts the following: Unless we confront the way in which our own institutions and practices foment violence, we beneficiaries of [the] global economy engaged in the work of international prevention are no more than halfheartedly patching up damage we have an interest in perpetuating. A global economy needs a global social policy and a global politics. Systemic prevention has several advantages; it avoids the dilemma of foreign intervention and affects many conflicts or potential conflict situations simultaneously. For instance, [s]ome systemic measures seek to gain better control over flows of economic resources that strengthen incentives and capacities for violence. (p. 151)
556.
Rubin, Barnett R. (2002). “Targeted Prevention,” pp. 161–184. In Barnett R. Rubin’s Blood on the Doorstep: The Politics of Preventive Action. New York: The Century Foundation Press. In his introduction to this chapter, Rubin notes and then asserts that “Most of what people think of as conflict prevention . . . consists of programs targeted at specific situations. Such programs are aimed at affecting both risk factors
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(structural prevention) and escalation (operational prevention). In practice the two always have to be integrated in common strategies” (p. 161). The chapter is comprised of the following sections: Strategies; Structural Prevention: Development and Governance (Development; Governance; and Regional Structures); and Operational Prevention: Conflict Management, Coercive Diplomacy, and Intervention (Cooperative Conflict Management; and Coercive and Inducive Measures). 557.
Russett, Bruce, and Oneal, John (2001). Triangulating Peace: Democracy, Interdependence, and International Organizations. New York: W. W. Norton and Co. 393 pp. Russet (Dean Acheson Professor of International Relations and Political Science at Yale University) and Oneal (professor of International Studies at the University of Alabama) argue, based on strong empirical findings and current trends, that peace, democracy, economic interdependence, and a strong system of international organizations reinforce one another and that their promotion by the international community is capable of creating a stable and healthier global community. The book is comprised of eight chapters: I. “International Systems: Vicious Circles and Virtuous Circles”; 2. “From Democratic Peace to Kantian Peace”; 3. “Democracy Reduces Conflict”; 4. “Both Democracy and Economic Interdependence Reduce Conflict”; 5. “International Organizations Also Reduce Conflict”; 6. “Virtuous Circles and Indirect Influences”; 7. “Clash of Civilizations of Realism and Liberalism Déjà Vu?”; and 8. “The Kantian Peace in the Twenty First Century.”
558.
Säve-Söderbergh, Bengt, and Lennartsson, Izumi Nakamitsu (2002). “Electoral Assistance and Democratization,” pp. 357–377. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. This essay by Säve-Söderbergh, secretary general of the International Institute for Democratic and Electoral Assistance, and Lennartsson, chef de cabinet at the International Institute for Democratic and Electoral Assistance, is comprised of the following sections: Root Causes and Structural Sources of Contemporary Violent Conflict; Emerging Linkage Between Peace, Development, and Democratization: The Reality of UN Missions; Key Challenges of Democratization Assistance in Conflict Prevention; and Designing and Supporting Democratic Institutions as Conflict Management Instruments.
559.
Smith, David Norman (1998). “Postcolonial Genocide: Scarcity, Ethnicity, and Mass Death in Rwanda,” pp. 220–244. In Michael N. Dobkowski and
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Isidor Wallimann (Eds.) The Coming Age of Scarcity: Preventing Mass Death and Genocide in the Twenty-First Century. Syracuse, NY: Syracuse University Press. Herein, Smith, a professor of Sociology at the University of Kansas, argues that . . . far from being the singular source of ills that gave rise to genocide [in Rwanda in 1994], the Rwandan people are in fact the only force with a realistic chance of curing their ills. Rwanda’s problems—political, military, ethnic, demographic, and environmental—require popular solutions which existing states and markets are all too likely to oppose.” (p. 222)
He concludes by stating the following: “ . . . as long as Rwanda remains an orphan in the world economy, with few resources and fewer genuine friends, conflict will remain a permanent danger. Western banks and governments may express their ‘concern.’ But ‘it is one thing,’ as David Keen reminds us, ‘to condemn violence; it is another, and more useful, exercise to sponsor a pattern of development that makes violence less likely’” (p. 244). 560.
Smith, Roger (1998). “Scarcity and Genocide,” pp. 199–219. In Michael N. Dobkowski and Isidor Wallimann (Eds.) The Coming Age of Scarcity: Preventing Mass Death and Genocide in the Twenty-First Century. Syracuse, NY: Syracuse University Press. In his introduction, Smith, professor of Government at the College of William and Mary, notes and then asserts the following: Few scholars have addressed the relationships between scarcity and genocide, and the few who have provide sweeping accounts that distort the facts. . . . . . . Despite false starts, the question of the relationships between scarcity and genocide is important, both in understanding the causes of genocide and in anticipating the prospects for genocide in the next century. If current trends continue, a combination of environmental degradation, loss of agricultural land, depletion of fish stocks, dwindling of fuel resources, and a doubling of population to about 11 billion in the latter part of the twentieth (sic) -first century will lead to extreme hardship, even disaster, in many areas of the world. These areas, mainly in the Third World, are the very places where much of the genocide since 1945 has taken place. (pp. 199, 200–201).
This chapter is comprised of the following sections: Scarcity; Relationships Between Genocide and Scarcity: The Basic Patterns (Genocide That Leads to Scarcity; Genocide and Direct Conflict over Resources; Natural Disaster, Advertent Omission, and Genocide; Genocide with Scarcity as a Principal Means; Scarcity as a Contributing Factor in Genocide); and Preventing Genocide (Reducing Scarcities, and Institutional and Political Means).
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561.
Smith, Zeric Kay, (2000). “The Impact of Political Liberalisation and Democratisation on Ethnic Conflict in Africa: An Empirical Test of Common Assumptions.” The Journal of Modern African Studies. March, 38(1):21– 39. This is a thought-provoking article by a senior research associate at the Walker Institute of International Studies at the University of South Carolina. In this essay, Smith provides an empirical test of a set of common theoretical assumptions concerning the relationship between political liberalisation, democratisation and ethnic conflict in Africa. The theory in question posits that liberalisation will result in short-term increases in ethnic conflict and that democratisation will be followed by a decrease in ethnic conflict. The essay employs a crossnational and time sensitive data set to test this hypothesis in the context of contemporary sub-Saharan Africa. A compelling benefit of this methodology is that it allows for an explanation of variation in ethnic conflict both across states and over time. The results indicate that the relationship between political liberalisation and ethnic conflict is the reverse of what the common assumptions would predict. Liberalisation has had an inverse relationship to ethnic conflict in sub-Saharan Africa between 1988 and 1997. Democratisation does not have the hypothesized effect . . . Structural variables as represented by GDP per capita and infant mortality rates are also systematically related to ethnic conflict. . . . [The key conclusion is] that policymakers and analysts should continue to pursue both liberalisation and democratic institutions, while providing some measure of relief, [but all the while keeping in mind that they] are by no means silver bullets for the difficult challenges posed by ethnic conflict in Africa. (p. 21)
562.
Speth, James Gustave (1999). “The Plight of the Poor.” Foreign Affairs, May/June, 78(3):13–17. In this piece, Speth, an administrator with the United Nations Development Program, argues that the United States must increase development aid in order to help the poorest of the poor as well as to help avoid humanitarian emergencies, including national and regional conflicts. More specifically, he states that “Too often, short term military, political, and economic interests, rather than the goals of poverty eradication and human development have shaped development assistance. A new framework for such aid must switch the focus of scarce funds to the most pressing needs of people, particularly the poor. The scope of development cooperation must broaden to include not only assistance but trade, debt management, private investment and capital flows (access to technology, and the strengthening of civil society as a whole). In particular, it must correct the chronic under-investment in social programs by poor countries with unshoulderable debt burdens.” (p. 14)
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Steil, Benn, and Woodward, Susan L. (1999). “A European ‘New Deal’ for the Balkans.” Foreign Affairs, November/December, 78(6):95–105. The authors argue that peace in the Balkans is contingent on economic stability and prosperity for everyone. In order to reach beyond ethnic strife and failed economic reforms, they argue that Southeastern Europe needs a European “New Deal.” In their introduction, Steil and Woodward argue as follows: The NATO campaign in Kosovo has been hailed as a decisive turn-around in Western policy toward southeastern Europe. With Yugoslav security forces out of Kosovo and the inauguration of the European Union’s Stability Pact at the Sarajevo summit of July 30, committing the EU to eventual acceptance of the area’s states as members, Western publics are being told that the path has been laid for resolving the decade-long crisis in the Balkans. But nothing could be further from the truth.The basics for long-term stability and non-nationalist politics in southeastern Europe lies in its economy, and here the picture is bleak . . . ,Without a solid foundation for jobs, growth, and improved social welfare, the region could settle into a stalemate of chaos and Western crisis management for years to come . . . (pp. 95, 96).
564.
Stewart, Frances (2002). “Horizontal Inequalities as a Source of Conflict,” pp. 105–136. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. Stewart, director of the International Development Centre and fellow of Somerville College at the University of Oxford, argues that horizontal inequalities (e.g., inequality in political, economic, and/or social conditions among culturally and/or geographically distinct groups) are one of the major causes of conflict. More specifically, Stewart states that “the aim [of this chapter] is to suggest how introducing crisis prevention into policymaking would alter the normal design of policy for low-income countries. Among the many conflicts that are commented on are: Iraq’s “suppression” of the Kurds, the 1994 genocide in Rwanda, and the ongoing killings in Burundi.
565.
Tainter, Joseph A. (1998). “Competition, Expansion, and Reaction: The Foundations of Contemporary Conflict,” pp. 174–193. In Michael N. Dobkowski and Isidor Wallimann (Eds.) The Coming Age of Scarcity: Preventing Mass Death and Genocide in the Twenty-First Century. Syracuse, NY: Syracuse University Press. In his introduction, Tainter, who has taught anthropology at the University of New Mexico, states that
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The purpose of this chapter is to clarify the historical reasons behind today’s culturally defined conflicts. Those conflicts can be understood in the historical context of competition among European nations, their global expansion and colonization, and the reactions of much of the world to Euroamerican domination. Politicians, diplomats, and international workers, who confront today’s disintegration and violence, are working with a great handicap if they do not understand the origins of these problems or their reactive nature. Historical processes have shaped contemporary violence and must be understood to comprehend that violence. (pp. 175–176)
The essay is comprised of the following sections: The Social Environment and Reactive Process; Peer Polity Competition in European History; Global Consequences of European Wars; Patterns of Reaction to Global European Expansion; and Synthesis and Implications: The Historical Foundations of Contemporary Violence. 566.
Totten, Samuel (2004). “The Intervention and Prevention of Genocide: Sisyphean or Doable?” Journal of Genocide Research, 6 (2):229–247. Among the issues Totten discusses is the critical need to address systemic issues as part of any genocide prevention policy/effort.
567.
Uvin, Peter (2004). Human Rights and Development. Bloomfield, CT: Kumarian Press. 241 pp. In Human Rights and Development, Uvin, professor of international humanitarian studies at the Fletcher School, Tufts University, provides a variety of ideas and methods to help development and human rights organizations create and implement strategies for reducing conflict and improving human rights outcomes. By advocating a rights-based approach to development, Uvin shows how practitioners can surmount the complex and difficult ethical and human rights obstacles encountered in their work. The book is comprised of the following parts, chapters and sections: Part I: Some Debates of Relevance to the Development Practitioner (1. “Background” (The Big Picture; The Human Rights Debates); 2. “The Legal Challenges” (The Charge of Eurocentrism; The Contested Nature of Second- and Third-Generation Rights)); Part II: Human Rights in the Practice of Development (3. “The Basics”; 4. “Political Conditionality”; 5. “Positive Support” (The Practice of Positive Support; The Tools of Positive Support; Does Positive Support—If Not All Aid—Undermine Governance by Definition?); 6. “A Rights-Based Approach to Development; and Final Synthesis and Questions”).
568.
van der Hoeven, Rolph, and Shorrocks, Anthony (Eds.) (2003). Perspectives on Growth and Poverty. Tokyo: United Nations University Press. 320 pp.
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Van der Hoeven (manager of the Technical Secretariat of the World Commission on Globalization) and Shorrocks (director of UNU/WIDER) and their contributors address such issues as: collective values, behavioral norms and rules; building institutions for economic growth and poverty reduction; institutional capital and poverty; the fragility of empirical links between inequality, trade liberalization, growth and poverty; and how economic growth reduces poverty. 569.
Väyrynen, Raimo (1996). The Age of Humanitarian Emergencies. Helsinki, Finland: The United Nations University World Institute for Development Economics Research (UNU/WIDER). 60 pp. In the foreword to this booklet, Giovanni Andrea Cornia, director of UNU/ WIDER, notes the following: This study is part of UNU/WIDER’s effort to analyze the meaning and causes of [major humanitarian crises]. The paper is part of a research project on the political economy of complex humanitarian emergencies, co-directed by E. Wayne Nafziger, UNU/WIDER Senior Researcher, and Raimo Väyrynen. The research project seeks to use economic and political analyses to explain factors contributing to humanitarian emergencies and to develop early-warning and preventive strategies. (p. v)
The report is comprised of the following sections: I. The Age of Dualism; II. Genocide and War (2.1. Genocide and Politicide; and 2.2. Wars); III. Complex Humanitarian Emergencies (3.1. Human Security and Politics; 3.2. War Casualties; 3.3. Diseases; 3.4. Hunger; 3.5. External and Internal Displacement); IV. The Operationalization of Humanitarian Crises (4.1. The Selection of Cases; 4.2. The Regional Dimension); V. Conclusion. Appendix 1—A Note on Methods; Appendix 2—Basic Statistics; and Bibliography. 570.
Väyrynen, Raimo (1997). “Economic Incentives and the Bosnian Peace Process,” pp. 155–79. In David Cortright (Ed.) The Price of Peace: Incentives and International Conflict Prevention. Lanham, MD: Rowman & Littlefield Publishers. In his introduction, Väyrynen, professor of Government at the University of Notre Dame and past secretary general of the International Peace Research Association, notes the following in his introduction: Bosnia is a test case in at least two respects: to what extent peace can be externally enforced, and how enforcement should mix constructive and coercive means of influence. My tentative conclusion is that external enforcement is, within limits, possible and even desirable, provided there are sufficient incentives to make the solution attractive, backed by credible threats of the external actors’ readiness to use coercive means should the need arise. Perhaps most importantly, consolidation of an imposed peace requires an integrated strategy
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which takes into account long-term social and political factors and includes aid for economic reconstruction. (p. 155)
This chapter is comprised of the following sections: Overcoming Aid Policy Constraints, Toward an Integrated Strategy, Economic Instruments and Peace Agreements, Peace in Bosnia-Herzegovina, Promoting Economic Integration, The Dayton Accord’s Civilian Operations, The World Bank and International Aid, Inadequate International Leadership, and Three Test cases (Banja Luka, Mostar, and Sarajevo). 571.
Wallensteen, Peter (2002). “Reassessing Recent Conflicts: Direct vs. Structural Prevention,” pp. 213–228. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. Wallensteen examines and clarifies the relationship between direct and structural conflict prevention (the latter referring to measures such as the promotion of democracy, ethnic integration, international regional cooperation, arms control, and disarmament). The chapter “takes direct prevention as its point of departure, analyzes the measures involved, and then delineates the potential role of structural prevention” (p. 214). In doing so, he discusses the issues of predicting escalation and taking early action, and different forms of preventive action.
572.
Wallensteen, Peter; Heldt, Birger; Anderson, Mary B.; Stedman, Stephen John; and Wantchekon, Leonard (2001).Conflict Prevention Through Development Co-operation. Uppsala: Department of Peace and Conflict Research, Uppsala University. 60 pp. This book is comprised of the following chapters: 1. “Development Co-operation and Conflict Prevention”; 2. “Patterns of Armed Conflict and War” (2.1 Sources; 2.2 Observed Patterns); 3. “Facing the Potential of Armed Conflict” (3.1 Inter-State Wars; 3.2 Internal Wars (Previous War, Moving from Authoritarian Rule, Identity Questions, Economic Development. The Gender Dimension)); 4. “Understanding Conflict Dynamics in Protracted Wars” (4.1 Protracted Wars; 4.2 Regional Considerations); 5. “Building Peace Support”; and 6. “Conclusions for Conflict Prevention” (6.1 Principles of Development Co-operation in Conflict Prevention; 6. 2 Development Co-operation in Situations of Tension, but not Open Conflict; 6.3 Development Co-operation in Situations of Ongoing War; and 6.4 Development Co-operations in the Aftermath of War).
573.
Weiss, Thomas G. (1993). “Intervention and Genocide.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:6–7. As part of a forum (“A Forum on Prevention of Genocide and Mass Killing”)
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organized by the New York City-based Institute for the Study of Genocide, and in response to two questions (“What should be the preconditions for creating and recognizing new states and retracting (or suspending) recognition? and “What other solutions would you recommend to rectify the past discrimination of regional or dispersed minorities who have experienced denial of civil and political rights?”) posited to the panelists, Weiss (associate director of Brown University’s Thomas J. Watson Institute for International Studies) delineates that which constitutes intervention, provides a precise definition of “international intervention,” and discusses the West’s and the United Nation’s tentative, half-hearted, and often disastrous, interventions in various crisis-situations in the early 1990s (and, in particular, the situation in the former Yugoslavia). Weiss also notes the critical need to address the systemic issues that often result in civil wars and human rights abuses, including genocide. More specifically, in this regard he states that What is required [for effective prevention] is nothing less than a shift in the dominant way that we attack problems. Our new policy lenses should be tinted with preventive peacebuilding rather than post-conflict intervention and management. The root causes of many conflicts–poverty, the unjust distribution of available resources, and the legacy of colonial boundaries in many multiethnic societies—should be addressed before they erupt into violence and genocide . . . [E]ffective prevention should include basic investment in economic and social development as well as reforms to distribute the benefits of future growth more equitably. It would also include changing the global financial and trading systems. (p. 7)
574.
Wenger, Andreas, and Möckli, Daniel (2003). Conflict Prevention: The Untapped Potential of the Business Sector. Boulder, CO: Lynne Rienner. 233 pp. Wenger (a professor of International Policy at the Swiss Federal Institute of Technology) and Möckli (a researcher at the Center for Security Studies in Zurich) examine the qualities that the business sector could bring to bear in the prevention of deadly intrastate violence. They also propose specific ways in which businesses could engage in prevention efforts—and discuss why it is in the interests of corporations to become engaged in such efforts. They call for a cooperative approach that involves states, international organizations, nongovernmental organizations, and corporations.
575.
Wohlgemuth, Lennart (1998). “Conflict Prevention in Burundi: A Case Study,” pp. 87–99. In Peter Wallensteen (Ed.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. In the introduction, Wohlgemuth writes:
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Since the coup in October 1993 Burundi has been in a severe crisis. The international community has been very active as regards support aimed at preventing conflict and contributing to a process of achieving sustainable peace in the country. In spite of all the efforts very little progress has been made towards a peaceful resolution of the conflict. This essay reflects the situation up to the end of 1997 and is described [herein], and the question is asked whether the lack of results is due to the ways and means of delivery of the preventive support or of other external factors. The author is informed by his own participation in the process and as one of the evaluators of International Alert’s activities in Burundi. (p. 87)
A key finding is the critical need to increase access to resources and equity among all components of the population in order to sustain a durable peace. 576.
Woodward, Susan L. (1995). Balkan Tragedy: Chaos and Dissolution after the Cold War. Washington, D.C.: The Brookings Institution. 536 pp. In this book, Woodward, a senior fellow in the Foreign Policy Studies program at the Brookings Institution and a former senior adviser to the UN in the former Yugoslavia, analyzes Yugoslavia’s collapse and the warfare that ensued upon the breakdown. She argues that Western action not only failed to prevent the spread of violence or negotiate peace, but actually exacerbated the conflict. The eleven chapters that make up the book are: 1. “Introduction”; 2. “The Basis of Prewar Stability”; 3. “The Politics of Economic Reform and Global Integration”; 4. “Escalation”; 5. “Interrupted Democratization: The Path to War”; 6. “Western Intervention”; 7. “The Right to National Self-Determination:”; 8. “War: Building States from Nations”; 9. “Stopping the Bosnia War”; 10.” “The Dynamic of Disintegration and Nationalist War”; and 11. “Conclusion.”
B. Extreme Nationalism, Extreme Ideological Differences, Extreme Ethnocentrism, Ethnic Tensions, Extreme Religious Differences, and Unresolved Matters Post-Genocidal Periods 577.
Adanir, Fikret (2001. “Armenian Deportations and Massacres in 1915,” pp. 71–81. In Daniel Chirot, and E. P. Martin Seligman (Eds.) Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. Adanir, discusses all of the following herein: the emergence of “the Armenian Question” in Ottoman Turkey; politics of confrontation; politics of “national economy”; and the Armenian tragedy in retrospect.
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Ali, Taisier M., and Matthews, Robert O. (1999). Civil Wars in Africa: Roots and Resolution. Montreal: McGill’s-Queen’s University Press. 322 pp. Among the chapters included herein that are most germane to the issue of conflict as it relates to the prevention and intervention of genocide are: “Civil War, the Peace Process, and Genocide in Rwanda” by Bruce D. Jones; “Civil War and Failed Peace Efforts in Sudan” by Taisier M. Ali and Robert O. Matthews; “Redefining ‘Security’ After the Cold War: The OAU, the U.N., and Conflict Management in Africa” by James Busumtwi-Sam; and “Conclusions: Conflict, Resolution, and Building Peace.”
579.
Angstrom, Jan (2001). “Towards a Typology of Internal Armed Conflict: Synthesizing a Decade of Conceptual Turmoil.” Civil Wars, Autumn, 4(3):93–116. Angstrom, a junior lecturer in the Department of Social Science at Mid Sweden University, argues that a lack of consensus over conceptual understanding of “internal armed conflicts after the Cold War” can be explained by the variable nature of the topic itself and that the topic has fallen between disciplinary boundaries. . . . This article therefore outlines a suggested typology of internal armed conflict encompassing ideological, leadership, ethnic, and resource conflicts as Weberian ideal-types to manage some of the problems with classifying internal armed conflicts. . . . . [In doing so,] it specifies and synthesizes new paths along which analysis of internal armed conflict can be pursued. (p. 93)
580.
Avruch, Kevin (1998). Culture and Conflict Resolution. Washington, D.C.: United States Institute of Peace Press. 153 pp. Avruch, professor of Anthropology at George Mason University and a faculty member of the university’s Institute for Conflict Analysis and Resolution, challenges both scholars and practitioners not only to develop a clearer understanding of what culture is, but also to take that understanding and incorporate it into more effective conflict resolution processes. The book is divided into four parts: I. Culture, II. Conflict Resolution, III. Frames for Culture and Conflict Resolution, and IV. Discourses of Culture and Conflict Resolution.
581.
Ayres, R. William (2000). “A World Flying Apart? Violent Nationalist Conflict and the End of the Cold War.” Journal of Peace Research, 37(1):105–117. In the abstract of his article, Ayres, professor in the Department of History and Political Science at the University of Indianapolis, notes and then states the following:
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Recent events around the world have convinced political scientists and policymakers that nationalist conflicts are an important feature of the post-Cold War world. Conflicts in Bosnia, Chechnya, Kosovo, and Kurdistan have all been prominent in headlines in recent years; but such conflicts are not just a postCold War phenomenon, and many have been going on for decades. This article outlines the scope of this phenomenon—violent conflicts between nationalist groups within states—in the post-war period. It presents a data set of violent nationalist conflicts within states from 1945 to 1996, measuring cases in terms of initiation, duration and intensity of conflict, and comparing this effort to other intrastate conflict data collections. The characteristics of these conflicts before and after the Cold War are examined to test the popular notion that the end of the Cold War has “unleashed” a new era of nationalist strife. This survey concludes that these conflicts are not simply a post-Cold War phenomenon, nor has the end of the Cold War brought an unprecedented wave of new nationalist conflicts to the world. On the contrary, many such conflicts do get resolved, and more have been resolved in the past ten years–particularly by peaceful methods–than in any comparable period in recent history. (p. 105)
582.
Baker, Pauline H., and Ausink, John A. (1996). “State Collapse and Ethnic Violence: Towards a Predictive Model.” Parameters: US Army War College Quarterly, Spring, 26(1):19–31. Baker, president of the Fund for Peace, and Ausink, who is a colonel in the U.S. Air Force and is a National Defense Fellow at Georgetown University, delineate a predictive model vis-à-vis ethnic violence and state collapse that may be used by analysts and policymakers. Of their model, they note the following: First, the model provides a dynamic conceptual framework to compare various conflicts at different stages of violence or conflict resolution. Second, the framework presents a way for analysts to conduct a longitudinal analysis of any single conflict, so it can be monitored and evaluated from the root causes to likely outcome. Third, the model suggests ten indicators of state collapse in ethnically divided societies that can be used for early warning. . . . Fourth, the model provides an overview of the potential role of the international community at different points in a conflict, highlighting the importance of preventive action before a crisis reaches catastrophic proportions. (p. 20)
583.
Banks, Marcus, and Murray, Monica Wolfe (1999). “Ethnicity and Reports of the 1992–95 Bosnian Conflict,” pp. 147–161. In Tim Allen and Jean Seaton (Eds.) The Media of Conflict: War Reporting and Representations of Ethnic Violence. London: Zed Books. Herein, the authors discuss the language of ethnicity, and particularly how and why journalistic accounts during the Bosnia conflict used the term “ethnic cleansing.”
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584.
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Bercovitch, Jacob (2003). “Managing Internationalized Ethnic Conflict: Evaluating the Role and Relevance of Mediation.” World Affairs: A Quarterly Review of International Problems, Summer, 166(1):56–68. A discussion of an empirical study, this article includes the following sections: Ethnic Conflicts; Characteristics of Internationalized Ethnic Conflict; Parties and Issues in Internationalized Ethnic Conflict; Managing Internationalized Ethnic Conflict; Mediation: A Review; Mediation Success?; Research Design and Analysis; and Conclusion.
585.
Beyer, Gregg A. (1992). “Human Rights Monitoring: Lessons Learnt from the Case of the Issaks in Somalia,” pp. 15–35. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. In the introduction of Early Warning and Conflict Resolution, editor Kumar Rupesinghe states that “Beyer draws attention to the large gaps and lapses that still exist within human rights monitoring [of the causes and results of refugee flows], where reporting is frequently episodic, incidental and fragmented. While arguing for the development of human rights indicators, he also points out that there is no agency to coordinate the information already received, and suggests cross-cutting alliances between the human rights community, the refugee community, and various non-governmental entities and their governmental counterparts” (p. xix).
586.
Bojicic-Dzelilovic, Vesna (2002). “World Bank, NGOs, and the Private Sector in Post-War Reconstruction.” Special Issue (“Recovering from Civil Conflict: Reconciliation, Peace and Development” edited by Edward Newman and Albrecht Schnabel) of International Peacekeeping, Summer, 9(2):81–98. In the abstract to this piece, it is stated that: Addressing violent conflict is increasingly becoming an integral part in the agenda of many international organizations, including those traditionally involved in development assistance. Their approach and operational practices, however, continue to be based on the postulates of a neo-liberal economic paradigm, which lacks the conceptual tools for understanding conflict as a specific social construct. This analysis looks at recent experiences of the World Bank, NGOs, and the private sector in assisting the rehabilitation of war-torn societies. It argues that the engagement of these three social actors in reconstruction in the aftermath of new types of conflict characteristic of the contemporary era has failed to penetrate to the root cause of conflict. It suggests that a new approach to understanding the nature of contemporary violence is needed as a precondition for formulating a response that can adequately correspond to the needs of the conflict-affected population. (n. p.)
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587.
Brecher, Michael, and Wilkenfeld, Jonathan (2000). A Study of Crisis. Ann Arbor, MI: The University of Michigan Press. 322 pp. The culmination of more than twenty years of research, this work analyzes crucial themes regarding crisis conflict and war, and presents information about four hundred crises, thirty-one protracted conflicts, and almost eight hundred state participants in conflicts from the end of World War I through 1994. Although “genocide” is not included as a subject in the index, the authors do highlight and address, even if succinctly, the genocidal conflicts in Bangladesh (1971), Cambodia (1975–1979), the former Yugoslavia (various times in the 1990s), and Rwanda (1994).
588.
Brown, Michael E. (2000). “The Causes of Internal Conflict,” pp. 3–25. In Michael E. Brown, Owen R. Coté, Jr., Sean M. Lynn-Jones, and Steven E. Miller (Eds.) Nationalism and Ethnic Conflict: An International Security Reader. Cambridge, MA: The MIT Press. In his introduction to this chapter, Brown, managing editor of International Security and associate director of the International Security Program at the Center for Science and International Affairs at Harvard University, notes that “The first section of this chapter will analyze the scholarly literature on the underlying causes of internal conflict. The second section will examine the proximate causes of internal conflict and develop a framework for analyzing different sets of proximate causes. The third section will focus on the roles played by domestic elites in different types of internal conflicts” (p. 4). The various sections and subsections of this essay are: The Underlying Causes of Internal Conflict (Structural Factors, Political Factors, Economic/ Social Factors, and Cultural/Perceptual Factors); The Proximate Causes of Internal Conflict; The Importance of Domestic Elites (Ideological Conflicts, Criminal Assaults on State Sovereignty, Power Struggles, Why Do Followers Follow?); Policy Implications; and Implications for the Study of Internal Conflict.
589.
Brown, Michael E. (Ed.) (1996). The International Dimensions of Internal Conflict. Cambridge, MA: MIT Press. 653 pp. In his review (Foreign Affairs, September/October) of this book, Francis Fukuyama writes: This massive volume exhaustively analyzes the domestic, regional, and international dimensions of internal conflicts . . . to understand why such conflicts are occurring now and how they might be ameliorated . . . Unfortunately, many of the prescriptions for international action, such as “place more emphasis on underlying problems and long-term solutions,” or “promote economic development, opportunity, and justice” beg the question of how they are to be achieved,
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at what cost, and with what trade-offs. Market driven economic growth and opportunity, for example, often come at the expense of social equality; which should the international community favor? (p. 136)
590.
Brown, Michael E., and de Jonge Oudraat (2000). “Internal Conflict and International Action: An Overview,” pp. 235–264. In Michael E. Brown, Owen R. Coté, Sean M. Lynn-Jones, and Steven E. Miller (Eds.) Nationalism and Ethnic Conflict: An International Security Reader. Cambridge, MA: The MIT Press. In their introduction, the authors note, in part, that Internal conflicts are complex, so actions taken to address these problems have to be multifaceted. There is no silver bullet for the internal conflict problem. Internal conflicts have deep roots, so long-term efforts will be needed if prevention, management, and resolution efforts are to succeed. Internal conflicts fall into two basic categories as far as international actors are concerned: cases where local parties are willing to work for peace and give their consent to international involvement; and cases where they are not. There is a sharper line between cases where local authorities have given their consent to international intervention and cases where they have not. It is imperative for intervenors to know if they are engaged in cooperative or coercive exercises. Operations that have the approval of local authorities have higher probabilities of success and lower costs than their coercive counterparts, and should therefore be given a higher priority. This not does not mean that coercive actions should never be undertaken: coercive actions are indeed warranted when important interests are engaged or when moral outrages, such as genocide, are being committed. Under these conditions, international action should be undertaken even if local parties have not given their consent to international involvement, and will have to be coerced to change their behavior. In cases such as these, there is still a lot that the international community can do to prevent or end violence, but the costs of action are higher and the probabilities of success are lower. Coercive actions should therefore be undertaken selectively, with great care, and with great determination. (pp. 235–236)
The chapter is comprised of the following sections and subsections: The Instruments (Humanitarian Assistance, Fact-Finding, Mediation, Confidence-Building Measures, Traditional Peacekeeping Operations, Multifunctional Peacekeeping, Military and Economic Assistance, Arms Embargoes and Economic Sanctions, Judicial Enforcement Measures, and The Use of Military Force); and The Tasks (The Importance of Conflict Prevention, Adopt a Two-Track Strategy for Conflict Prevention, Place More Emphasis on Underlying Problems and Long-Term Solutions, Neutralize the Proximate Causes of Internal Conflict, The Challenge of Conflict Management, Act Early to Keep Violence from Escalating, Keep Internal Conflicts from
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Becoming Regional Conflicts, Distinguish Between Cooperative and Coercive Actions, The Potential for Conflict Resolution, Make Long Term Commitments, and Enduring Dilemmas). 591.
Brown, Michael E., Coté, Owen R. Jr., Lynn-Jones, Sean M, and Miller, Steven E. (2000). Nationalism and Ethnic Conflict. Cambridge, MA: The MIT Press. 434 pp. The first part of Nationalism and Ethnic Conflict addresses the roots of nationalist and ethnic wars, focusing in particular on the conflicts in the former Yugoslavia. The second part of the book, which explores options for preventing and resolving such conflicts, presents proposals for international action ranging from military intervention to partition. This book is comprised of two parts and thirteen chapters. Among the chapters most germane to the issue of conflict and the prevention and/or intervention of genocide are: Part I. The Sources of Nationalism and Ethnic Conflict (1. “The Causes of International Conflict: An Overview” by Michael E. Brown; 2. “Hypotheses on Nationalism and War” by Stephen Van Euera; 3. “Nationalism and the Market Place of Ideas” by Jack Snyder and Karen Ballentine; 4. “Containing Fear: The Origins and Management of Ethnic Conflict” by David Lake and Donald Rothchild; 5. “Ethnic Nationalism and International Conflict: The Case of Serbia” by V.P. Gagnon; and Part II: Options for International Action (8. “Internal Conflict and International Action: An Overview” by Michael E. Brown and Chantal de Jonge Oudraat; 9. “Possible and Impossible Solutions to Ethnic Civil Wars” by Chaim Kaufmann; 10. “Refugee Flows as Grounds for International Action” by Gil Loescher and Alan Dowty; 11. “Military Responses to Military Disasters” by Barry Posen”; and 12. “Responding to State Failure in Africa” by Jeffrey Herbst.
592.
Byrne, Sean, and Keashly, Loraleigh (2000). “Working with Ethno-political Conflicts: A Multi-modal Approach,” pp. 97–120. In Tom Woodhouse and Oliver Ramsbotham (Eds.) Peacekeeping and Conflict Resolution. London and Portland, OR: Frank Cass Publishers. In their introduction, the authors (Byrne is director of doctoral studies at the Department of Dispute Resolution, Nova Southeastern University, Fort Lauderdale, and Keashly is the academic director of the Master of Arts Program in Dispute Resolution at Wayne State University in Detroit) note that In recognition of the diversity of factors that fuel ethno-territorial conflicts, we are broadening the definition of intervention to include any efforts involving external and/or internal parties that focus on amelioration of social, economic, political, physical and psychocultural conditions in the conflict region. Thus, in addition to the more political forms of arbitration, mediation, negotiation,
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conciliation and reconciliation, as well as the more recently acknowledged informal forms of interactive conflict resolution, we also include: structural change, short-term developmental aid efforts, long-term economic investment plans—both public and private, public education, community-building efforts, physical and mental health care, religious reconciliation work, activism for political rights, community empowerment, healing and storytelling, trust-building, forgiveness, problem-solving workshops, integrated education and media development and education. Focusing on the “multi-modal” nature of intervention in ethno-political conflict, we will discuss these interventions in two ways. First, we will briefly discuss each of the six forces [in ethno-territorial conflicts] outlined by Byrne and Carter and illustrate the specific activities and parties that address each of them using examples from past and current ethnic conflicts where possible. Second, we will switch perspectives from forces to the intervention activities and parties themselves and illustrate how they address more than one of these factors, that is, cross-level activity. In the third section, we will consider some ways to facilitate the explicit coordination that our approach suggests. (pp. 98–99)
593.
Carnegie Commission on Preventing Deadly Conflict (1997). Preventing Deadly Conflict: Final Report with Executive Summary. Washington, D.C.: Author. 257 pp. The Carnegie Corporation of New York established the Carnegie Commission on Preventing Deadly Conflict in May 1994 to “address the looming threats to world peace of intergroup violence and to advance new ideas for the prevention and resolution of deadly conflict. The Commission has examined the major causes of deadly ethnic, nationalist, and religious conflicts within and between states and the circumstances that foster or deter their outbreak. Taking a long-term, worldwide view of violent conflicts that are likely to emerge, it seeks to determine the functional requirements of an effective system for preventing mass violence and to identify the ways in which such a system could be implemented. Preventing Deadly Conflict: Final Report with Executive Summary is a product of the latter effort” (p. i). This book is comprised of the following: “Preface”; “Executive Summary”; “Prologue: Conflict Prevention in the Twenty-First Century” (The Legacy of Rwanda; Is Prevention Possible?; Toward a New Commitment to Prevention); chapter 1: “Against Complacency” (From Cold War to Deadly Peace; A World Transforming; Rapid Population Growth; The Expansion of Technology; Modern Weaponry: Lethal and Available; Conventional Weapons; Chemical and Biological Weapons; The Continuing Nuclear Threat; The Cost of Deadly Conflict; A Historic Opportunity: Toward Prevention); chapter 2: “When Prevention Fails” (How and Why Deadly
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Conflict Occurs; Understanding Violent Conflict; Conflict between States; Conflict within States; Leaders and Groups Avoiding the Worst Case; What Can Be Done? What Are the Tasks?; What Works?); chapter 3: “Operational Prevention” (Strategies in the Face of Crisis; Looking at the Whole Problem; A Framework for Engagement; The Need for Leadership; A Comprehensive Political-Military Response; Resources; Transition to Host Nation Control; Early Warning and Early Response; What Kind of Warning Is Most Useful?; Who Can Best Provide Useful Early Warning?; Who Should Be Warned?; Preventive Diplomacy; Economic Measures; Sanctions; Inducements; Conditionality; Economic Dispute Resolution Mechanisms; Forceful Measures; Basic Principles; Peacekeeping and Maintaining Civil Order; “Thin Blue Line” Preventive Deployments; “Fire Brigade” Deployments); chapter 4: “Structural Prevention” (Strategies To Address the Root Causes of Deadly Conflict; Security; Nuclear Weapons; Regional Contingencies; Biological and Chemical Weapons; Conventional Weapons; Cooperating for Peace; Security within States; Helping from Within: Development Revisited; Making Development Sustainable; Helping from Outside: Development Assistance; Justice in the International Community; Human Rights; Humanitarian Law; Nonviolent Dispute Resolution; Justice within States; Transition to Democracy; Social Justice); chapter 5: “Preventing Deadly Conflict” (The Responsibility of States, Leaders, and Civil Society; States and Their Leaders; Pivotal Institutions of Civil Society; Nongovernmental Organizations; Religious Leaders and Institutions; The Scientific Community; Educational Institutions; The Media; The Business Community; The People); chapter 6: “Preventing Deadly Conflict” (The Responsibility of the United Nations and Regional Arrangements; The United Nations; Strengths of the UN; Limitations of the UN; Strengthening the UN for Prevention; Reform of the Security Council; The UN’s Role in Long-Term Prevention; The International Financial Institutions; Regional Arrangements; Security Organizations; Economic Organizations; Dialogue and Cooperation Groups); and chapter 7: “Toward A Culture Of Prevention” (The Challenge to Educate; The Mass Media; Religious Institutions; The United Nations; The Challenge To Lead; Lessons of World War II; Toward Wiser Decision Making; The Challenge To Communicate; The Promise of Prevention). 594.
Centre for Human Rights (1993). Human Rights and Refugees. Geneva: Author. 50 pp. This booklet is comprised, in part, of the following components: “Violations of Human Rights and Refugees” (Violations of Human Rights as Origins of Mass Exodus; Violations of Rights of Refugees; Restrictive Measures; Ill-Treatment of Asylum-Seekers; Denial of Rights of Asylum-Seekers;
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Violations of the Rights to Life, Liberty and Security; Refugees and Xenophobia in Racist Aggression; Violations of Human Rights and Voluntary Return); and “Conclusions.” 595.
Chimni, B. S. (2002). “Refugees and Post-Conflict Reconstruction.” Special issue (“Recovering from Civil Conflict: Reconciliation, Peace and Development”) of International Peacekeeping, Summer, 9(2):163–180. The abstract of this piece states that: This [article] argues that there is an absence of a systematic theoretical and legal framework that allows reconstruction, reintegration and peacebuilding to be derived from a critical and integral understanding of the problems that characterize “post-conflict” societies or of refugees who return to them. The result is an array of measures that have rarely been arrived at in consultation with refugees and returnees, which are often working at cross-purposes with each other, and have been assembled in the matrix of a neo-liberal vision which, among other things, does not focus on the international causes of internal conflicts and excludes the possibility of building a participatory “postconflict” state. The essay suggests that the basic problem with current policies relating to return and reintegration of refugees to “post-conflict” societies is the poverty of epistemology deployed to identify suitable measures that will go to promote “sustainable return.” On this basis, the essay concludes with concrete policy suggestions. (n. p.)
596.
Chirot, Daniel, and Seligman, Martin (2001). Ethnopolitical Warfare: Causes, Consequences and Possible Solutions. Washington, D.C.: American Psychological Association. 379 pp. In this volume, political scientists, psychologists, and historians examine over a dozen international cases of ethnoconflict and genocide (e.g., the Armenian genocide, the Holocaust, the Cambodian genocide, the Rwandan genocide, and the genocide perpetrated in the former Yugoslavia) in an attempt to understand what causes society’s ethnic conflicts to escalate or deescalate. In examining the escalation of ethnic conflict, the authors highlight the critical role of group identification and the impact of threatened economic resources, violent political subcultures, and media manipulation. This book is comprised, in part, of the following chapters (all of which are most germane to the prevention and intervention of genocide): 1. “Introduction” by D. Chirot; 2. “Ethnicity: Nice, Nasty, and Nihilistic” by K. Jowitt; 3. “Nationalism and Ethnicity: Research Agendas on Theories of Their Sources and Their Regulation” by B. O’Leary; 4. “Theories of the Holocaust: Trying to Explain the Unimaginable” by P. Suedfeld; 5. “Armenian Deportations and Massacres in 1915” by F. Adanir; 6. “The Ethnic Element in the Cambodian Genocide” by B. Kiernan; 7. “Approaches to
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Measuring Genocide: Excess Mortality During the Khmer Rouge Period” by P. Heuveline; 8. “Genocide in Rwanda” by G. Prunier; 9. “From Ethnic Cooperation to Violence and War in Yugoslavia” by A. Oberschall; 10. “The Yugoslav Catastrophe” by M. Glenny;18. “Ethnopolitical and Other Group Violence: Origins and Prevention” by E. Staub; 19. “Psychosocial Assistance During Ethnopolitical Warfare in the former Yugoslavia” by I. Agger; 20. “Social Psychology and Intergroup Conflict” by M. Hewstone and E. Cairns; and 21. “The Psychology of Group Identification and the Power of Ethnic Nationalism” by C. McCauley. 597.
Chirot, Daniel (2001). “Introduction,” pp. 3–26. In Daniel Chirot, and E. P. Martin Seligman (Eds.) Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. In his introduction to Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions, Chirot (professor of International Studies at the University of Washington, Seattle), discusses the following: levels of ethnopolitical conflict, major cases of ethnopolitical wars, low level ethnopolitical war, ethnopolitical conflicts that did not result in wars, and efforts to resolve cases of ethnopolitical conflict.
598.
Clapham, Andrew (2002). “Human Rights,” pp. 232–252. In E. Wayne Nafziger and Raimo Väyrynen (Eds.) The Prevention of Humanitarian Emergencies. New York: Palgrave. This chapter argues that the political problems that produce [humanitarian emergencies] can only be resolved if the solutions incorporate respect for human rights as a cornerstone of the rebuilding programme. . . . The edifice of peace will crumble unless the foundations are fashioned out of the human rights laws that have emerged through recognition of the need to create legal institutions to protect the identity and dignity of groups and individuals. This chapter shows how human rights work needs to be built into the international community’s response to emergencies. Unless the human rights issues are tackled at their root cause, this year’s [humanitarian emergency] could be next year’s catastrophe. (p. 232)
599.
Cleve, Patricia; Colletta, Nat; and Sambanis, Nicholas (2002). “Addressing Conflict: Emerging Policy at the World Bank,” pp. 321–355. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. This chapter is comprised of the following sections and subsections: World Bank Operations in Conflict-Affected and Postconflict Countries [including
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Bosnia, Burundi, Cambodia, Croatia, the Federal Republic of Yugoslavia, Guatemala and Rwanda]; and Research and Development at the Bank (Conflict Project Indicators; Research Framework; Research Design; Core Conflict Indicators: At-Risk Indicators; Core Conflict Indicators: Conflict Intensity; Core Conflict Indicators: Performance; and Core Conflict Indicators: Peace and Conflict Impact Assessment). 600.
Cockell, John G. (2002). “Planning Preventive Action: Context, Strategy, and Implementation,” pp. 185–212. In Fen Osler Hampson, and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. In his introduction, Cockell, who is with the conflict analysis development unit at the London School of Economics, writes that “Preventive action . . . implies both the strategic and integrated application of a range of preventive measures in protracted conflicts. It should also be understood to be applicable, in various configurations, to all phases of conflict escalation, from low-intensity societal tensions through to postconflict peacebuilding. The purpose of this chapter will be to examine the key issues of causal complexity and cross-sectoral implementation of operational action as well as the planning connection between these two points: preventive action strategy” (p. 186).
601.
Cohen, Roberta, and Deng, Francis M. (1998). “Exodus Within Borders.” Foreign Affairs, July/August, 77(4):12–16. The authors, both with the Brookings Institution, argue that the fact that internal displacement of people from their homes—often in the tens and hundreds of thousands—constitutes the newest global crisis. They assert that not only does such internal displacement put the dislodged persons at risk of starvation and human rights abuses, but such a phenomenon—that signals state dysfunction—poses a serious economic and political threat at both the national and international levels. Significantly, they note that “Although their numbers now exceed those of refugees, no international institution is specifically charged with their protection or assistance” (p. 13).
602.
Cohen, Roberta, and Deng, Francis M. (Eds.) (1998).The Forsaken People: Case Studies of the Internally Displaced. Washington, D.C.: The Brookings Institution Press. 512 pp. This book is comprised, in part, of the following: 1. “Introduction”; 2. “Burundi: A Patchwork of Displacement”; 3. “Rwanda’s Internally Displaced: A Conundrum within a Conundrum”; 5. “The Sudan: Cradle of Displacement”; and 6. “Dealing with the Displacement and Suffering Caused by Yugoslavia’s Wars.”
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603.
Cohen, Roberta, and Deng, Francis M. (1998). Masses in Flight: The Global Crisis of Internal Displacement. Washington, D.C.: Brookings Institution Press. 414 pp. This study by Cohen, a guest scholar at the Brookings Institution and co-director of its Project on Internal Displacement, and Deng, a senior fellow in the Foreign Policy Studies Program at the Brookings Institution and representative of the UN Secretary-General on Internally Displaced Persons, argues for a more interventionist, international role to protect and assist internally displaced persons, and discusses legal and institutional mechanisms of response. The book is comprised of the following seven chapters (select subtopics are also noted here): 1. “Introduction”; 2. “Global Overview” (Framing a Definition; Causes of Internal Displacement; Why Internally Displaced Persons Do Not Become Refugees; When Does Displacement End?; Regional Dynamics); 3. “Legal Framework”; 4 “Institutional Arrangements” (Gaps in the International System, Options for Institutional Reform, Steps to Improve the Current Situation); 5. “The Role of Nongovernmental Organizations” (Improving NGO Practices, Protection and Human Rights Concerns, and Promoting Durable Solutions); 6. “Regional Responses” (Africa: Grappling with Sovereignty; Europe: Preventive Diplomacy; Asia: Organizational Vacuum); and 7. “Strategies and Recommendations” (Preventive Strategies, Protection Integrated with Assistance, Enforcement Measures When Human Rights Abuses Are Gross, and Solutions). It also includes an appendix entitled “Proposed Guiding Principles on Internal Displacement.”
604.
Connaughton, Richard (2000). “The Media of Hate,” pp. 39–48. In Stephen Badsey (Ed.) The Media and International Security. London: Frank Cass Publishers. Examining the situation in Rwanda and Burundi in the 1990s, the author discusses “the media of hate’s potential to destabilize” (p. 47). The piece is comprised of the following: a summary of Rwanda’s Problems; the U.N.’s Experience; Radio Mille Collines; and Burundi and Its Press.
605.
Crocker, Chester A.; Hampson, Fen Osler; and Aall, Pamela R. (Eds.) (2005). Grasping the Nettle: Analyzing Cases of Intractable Conflict. Washington, D.C.: United States Institute of Peace. 410 pp. This book is comprised, in part, of the following: 1. “Introduction: Mapping the Nettle Field” by Chester A. Crocker, Fen Osler Hampson, and Pamela Aall; 2. “Comparative Studies of Long Wars” by Roy Licklider; 3. “Analyzing Intractability” by I. William Zartman; 4. “Nature, Dynamics, and Phases of Intractability” by Louis Kriesberg; 5. “Mediation in the
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Most Resistant Cases” by Jacob Bercovitch; 6. “Negotiating Intractable Conflicts: The Contributions of Unofficial Intermediaries” by Diana Chigas; 7. “Can Sudan Escape Its Intractability?” by J. Stephen Morrison and Alex de Waal; 8. “Intractability and Third-Party Mediation in the Balkans” by Steven L. Burg; and 16. “Conclusion: From Intractable to Tractable—the Outlook and Implications for Third Parties” by Chester A. Crocker, Fen Osler Hampson and Pamela Aall. 606.
Crocker, Chester A.; Hampson, Fen Osler; and Aall, Pamela R. (Eds.). (2001). Turbulent Peace: The Challenges of Managing International Conflict. Washington, D.C.: United States Institute of Peace. 894 pp. A solid collection of articles by theorists and practitioners that examine the complex causes of civil and ethnic conflicts as well as the actors, policies, instruments, and techniques for attempting to manage the latter. The book is comprised of the following parts and chapters: Part I. The Sources and Changing Global Context of Conflict (1. “Theories of Interstate and Intrastate War: A Levels of Analysis Approach to International Conflict” by Jack Levy; 2. “The Causes of War” by Michael Howard); IA. Systemic Level (3. “Empires and Geopolitics Competition: Gone for Good?” by Charles A. Kupchan; 4. “Environmental Change, Security, and Conflict” by Nils Petter Gleditsch; 5. “Military Technology and Conflict” by Geoffrey Kemp; 6. “The Impact of Globalization on Strategy” by JeanMarie Guehenno; 7. “Transnational Criminal Enterprises, Conflict, and Instability” by Philip Williams); IB. States and Societies (8. “Democratic Transition and War: From Napoleon to the Millennium’s End” by Edward D. Mansfield and Jack Snyder; 9. “State Making, State Breaking, and State Failure” by Mohammed Ayoob; 10. “Economic Causes of Civil Conflict and Their Implications for Policy” by Paul Collier; 11. “Minorities and Nationalists; Managing Ethnopolitical Conflict in the New Century” by Ted Robert Gurr); IC. Leadership and Human Agency (12. “Image, Identity, and the Resolution of Violent Conflict” by Janice Stein; 13. “Ethnic and Internal Conflicts: Causes and Implications” by Michael E. Brown); Part II. Intervention Strategies and Their Consequences (14. “Intervention: Toward Best Practices and a Holistic View” by Chester A. Crocker; 15. “Preventive Statecraft: A Realist Strategy for the Post-Cold War Era” by Bruce W. Jentleson); IIA. Military (16. “The Curse of Inconclusive Intervention” by Edward Luttwak; 17. “The Debate About Intervention” by Stanley Hoffmann; 18. “The Delusion of Impartial Intervention” by Richard K. Betts; 19. “Using Force: Lessons and Choices for U.S. Foreign Policy” by Richard N. Haass; 20. “Interventionist Strategies and the Changing Use of Force” by Lawrence Freedman); IIB. Nonmilitary (21. “UN Sanction Regimes and Violent Conflict” by Chantal de Jonge Oudraat; 22. “Soft Power and
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Conflict Management in the Information Age” by Joseph Nye; 23 “What Do NGOs Bring to Peacemaking?” by Pamela Aall); Part III. Negotiation, Mediation, and Other Political Instruments (24. “Parent, Midwife, or Accidental Executioner? The Role of Third Parties in Ending Violent Conflict” by Fen Osler Hampson; 25. “The Growth of the Conflict Resolution Field” by Louis Kriesberg; 26. “International Mediation in the Post-Cold War Era” by Saadia Touval and I. William Zartman; 27. “Bargaining and Problem Solving: Two Perspectives on International Negotiation” by P. Terrence Hopmann; 28. “Negotiating Across Cultures” by Raymond Cohen; 29. “Prenegotiation and Circum-negotiation: Arenas of the Multilevel Peace Process” by Harold H. Saunders; and 30. “Is More Better? The Pros and Cons of Multiparty Mediation” by Chester A. Crocker, Fen Osler Hampson, and Pamela Aall); Part IV. Institutions and Regimes of Security and Conflict Management (31. New Challenges for the United Nations” by Rolf Ekeus; 32. “War-Making and Peace-Making: The United Nation’s Post-Cold War Record” by Michael W. Doyle; 33. “The Role of Regional Organizations in Preventing and Resolving Conflicts” by Connie Peck; 34. “NATO’s Contributions to Conflict Management” by David S. Yost; 35. “International Law and Response to Conflict” by William A. Schabas 36. “Arms Control Treaties and Confidence-Building Measures as Management Tools” by Michael Krepon and Larry Scheinman; 37. “Humanitarian NGOs in Conflict Intervention” by Mary B. Anderson; 38. “New Institutions for New Times: The Case of the International Crisis Group” by Alain Destexhe; 39. “Is There a Role for Business in Conflict Management?” by Virginia Haufler; 40. “Information and Conflict” by Warren Strobel); Part V. Peacebuilding: From Settlement to Reconciliation (41. “Obstacles to Peace Settlements” by Roy Licklider; 42.”The Challenge of Rebuilding War-Torn Societies” by Nicole Ball; 43. “International Implementation of Peace Agreements in Civil Wars: Findings from a Study of Sixteen Cases” by Stephen John Stedman; 44. “Conflict Resolution versus Democratic Governance: Divergent Paths to Peace?” by Pauline H. Baker; 45. “Wilson’s Ghost: The Faulty Assumptions of Post-Conflict Peacebuilding” by Roland Paris; 46. “Democratization and Peacebuilding: Perils and Promises” by Tim D. Sisk; 47. “The Rule of Law in the Postconflict Phase; Building a Stable Peace” by Neil J. Kritz; 48. “Religion as an Agent of Conflict Transformation and Peacebuilding” by R. Scott Appleby; and 49. Civil Society and Reconciliation” by John Paul Lederach). 607.
Damrosch, Lori Fisher (1998). “Genocide and Ethnic Conflict,” pp. 256–279. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. In her introduction, Damrosch, professor of Law at Columbia University School of Law, notes that
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This chapter will consider the legal definition of genocide in situations of ethnic conflict as well as questions of implementation through the legal institutions available to address such conflicts. My focus will be on integrating the substantive premises of the Genocide Convention—that genocide is a crime that individual human beings can and do commit against certain kinds of human groups and for which states can also be responsible—with effective implementation through workable institutions. Accordingly, Part I will consider conceptual problems in the definition of genocide in situations of ethnic conflicts, including problems having to do with the scope of protection afforded to ethnical (along with national, racial, and religious) groups as well as difficulties arising when an ethnic group becomes embroiled in an armed conflict. Part II will turn to an examination of the short-comings of the principal enforcement forums specified by the Genocide Convention—domestic courts for cases against individuals and the International Court of Justice for claims of state responsibility—and will conclude by addressing the potential for overcoming those shortcomings through newly created and prospective international criminal tribunals. My reflections about the Genocide Convention grow out of my involvement with the efforts of Human Rights Watch, a New York-based non-governmental organization, to document and seek accountability for genocide committed against the Kurds of Iraq. Human Rights Watch has obtained, analyzed, and published overwhelming proof that in the waning days of the Iran-Iraq War, specifically in 1987–89, Iraq successfully waged a brutal war of extermination against its own Kurdish population. As many as 100,000 Kurds were killed through chemical weapons and firing squads in one of the clearest cases of genocide since World War II. The obstacles to obtaining an authoritative juridical ruling on the legal consequence of these facts illustrate the importance of correlating a conceptually satisfactory definition of the crime of genocide with effective mechanisms for enforcement. Ambiguities in the convention’s definition of genocide should be resolved through interpretations that would advance rather than thwart the convention’s object and purpose: to prevent and punish genocide. (pp. 257–258)
608.
de Figueiredo, Jr., Rui J. P., and Weingast, Barry R. (1999). “The Rationality of Fear: Political Opportunism and Ethnic Conflict,” pp. 261–302. In Barbara F. Walter and Jack Snyder (Eds.) Civil Wars, Insecurity, and Intervention. New York: Columbia University Press. In their introduction, the authors provide the following description of their research and the focus of their chapter: Students of violent ethnic conflict commonly attribute a prominent role to extremist, even genocidal, leaders who incite citizens into a violent frenzy. Many further argue that leaders do so as a means of remaining in power. Following a Rikerian line of “heresthetics,” these arguments hold that leaders use violent conflict as a means of transforming politics from an issue on which they are likely to lose power into one on which they can retain power.
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What these accounts fail to explain, however, is why citizens participate in such megalomaniac visions. Without the support of their constituencies, leaders who attempt to initiate ethnic terror could not succeed. Our central question is, Why do citizens whose primary interest is in peace choose to support bloody ethnic wars? (p. 261)
The authors address the ethnic conflict and genocide perpetrated in Rwanda in 1994 and the ethnic conflicts and genocides perpetrated in the former Yugoslavia in the 1990s. 609.
de Waal, Alex (Ed.) (2000). Who Fights? Who Cares? War and Humanitarian Action in Africa. Trenton, NJ: Africa World Press, Inc. 243 pp. The essays in this volume were initially prepared for a conference on “humanitarian and political challenges in Africa” that was held in Kigali, Rwanda, in October 1999. The conference was convened by InterAfrica Group and Justice Africa and hosted by the Pan African movement. The essays herein are unsigned. They are reportedly based on a wide range of contributions—both written and verbal. Among the diverse set of issues addressed are: “Why does war persist in Africa—is the continent caught in a ‘war trap’ whereby conflict is generating more conflict?”; “What are the causes, implications and solutions for genocide, especially in the Great Lakes?”; “What structures for regional peace and security are required for an effective international security order in Africa?”; “What is the future of humanitarian intervention in Africa—and in particular, do African forces now require a specifically African doctrine for intervention?”; “Certain forms of democratic political process can help prevent famine—how can these be made a reality in Africa?”; “What institutions can be effective in preventing and relieving humanitarian crises?”; “What is the role for international humanitarian law?”; and “What mechanisms for humanitarian accountability can be developed?” The eight chapters that comprise this book are: 1. “The Persistence of War in Africa”; 2. “Genocide and Its Implications”; 3. “Structures for Regional Peace and Security”; 4. “Interventions and Sanctions”; 5. “Democratic Political Process and the Fight Against Famine”; 6. “Humanitarian Capacities and Institutions”; 7. “International Humanitarian Law”; and 8. “Humanitarian Accountability.”
610.
Dobkowski, Michael N., and Wallimann, Isidor (Eds.) (1998). The Coming Age of Scarcity: Preventing Mass Death and Genocide in the Twenty-First Century. Syracuse, NY: Syracuse University Press. 350 pp. This volume delineates how scarcity and “surplus populations” can lead to disaster. More specifically, various authors discuss how the present-day population growth, land resources, energy consumption, and per capita
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consumption cannot be sustained without leading to greater catastrophes— including genocide. In their introduction, the authors argue as follows: [W]e postulate that the social, economic, and historic circumstances making mass death possible are largely the creations of human beings, are not random and may be associated with social patterns and structures that can be studied. Scholars have demonstrated that for past genocides. We should be able to bring these insights to bear on a consideration of the dangers we face in the future. As we approach the end of the millennium and the beginning of the twenty-first century, nothing is clear or certain except that the projection of present directions in population growth, land resources, energy consumption, and per capita consumption cannot be sustained and may lead to even greater catastrophe. These challenges are experienced and expressed by different social segments in ways that are likely to create fierce conflict within place and between place. . . . The problem facing us as we approach the twenty-first century is not how to reduce scarcity and downsizing, but how to resolve the resulting conflicts, without resorting to genocide either explicitly through warfare or implicitly through unequal burden sharing. (pp. 2–3)
The book is comprised of fourteen chapters: 1. “The Coming Age of Scarcity: An Introduction” by Michael N. Dobkowski and Isidor Wallimann; 2. “The Threat to the Underclass” by John B. Cobb, Jr.; 3 “The Paradox of Global Development and the Necessary Collapse of Modern Industrial Civilization” by Chris H. Lewis; 4. “Biophysical Limits to Industrialization: Prospects for the Twenty-First Century” by John M. Gowdy; 5. “Our Unsustainable Society: Basic Causes, Interconnections, and Solutions” by Ted Trainer; 6. “Defining the New American Community: A Slide to Tribalism?” by Virginia Abernethy; “The Vicious Circle Principle: A Contribution to the Theory of Population and Development” by Craig Dilworth; 8. “The Social Impact of Scarcity: The Political Responses of Institutionally Developed Societies” by Kurt Finsterbusch; 9. “Competition, Expansion, and Reaction: The Foundations of Contemporary Conflict” by Joseph A. Tainter; 10. “Scarcity and Genocide” by Roger W. Smith; “Postcolonial Genocide: Scarcity, Ethnicity, and Mass Death in Rwanda” by David Norman Smith; 12. “Intrastate Conflict and Sustainable Development: Lessons from Bosnia, Somalia, and Haiti” by Waltraud Queiser Morales; “Scarcity, Genocide, and the Postmodern Individual” by Leon Rappoport; and “Critical Reflections on the Doomsday, Apocalyptic Vision” by Craig A. Rimmerman. 611.
Dravis, Michael (2000). “Burundi in the 1990s: From Democratization to Communal War,” pp. 188–194. In Ted Robert Gurr (Ed.)Peoples Versus States: Minorities at Risk in the New Century. Washington, D.C.: United States Institute of Peace Press.
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In this short essay, Dravis, a doctoral candidate in political science at the University of Maryland, argues that “The decade of crisis in Burundi that began in the later 1980s shows how a sustained effort to democratize a plural society prompted a genocidal reaction. The democratic experiment failed essentially because it threatened the ethnocratic power base of a Tutsi minority that controls the army, security forces, and key state bureaucracies” (p. 188). The essay is comprised of the following sections: A History of Communal Conflict; Why Democratization? The Failure of the Democratic Experiment; and Burundi’s Future. 612.
Eller, Jack David (1999). From Culture to Ethnicity to Conflict: An Anthropological Perspective on International Ethnic Conflict. Ann Arbor: The University of Michigan Press. 359 pp. Among the chapters dealing with genocide are: 1. “Ethnicity, Culture, and ‘The Past’”; 2. “Anthropology, Ethnicity, and the Representation of Culture”; 4. “The Kurds: Frustrated Nationalism”; 5. “Rwanda and Burundi: When Two Tribes Go to War?”; and 6. “Bosnia: Of Myths and Maps.”
613.
Evera, Stephen Van (2000). “Hypotheses on Nationalism and War,” pp. 26-60. In Michael E. Brown, Owen R. Coté, Jr., Sean M. Lynn-Jones, and Steven E. Miller (Eds.) Nationalism and Ethnic Conflict: An International Security Reader. Cambridge, MA: The MIT Press. In this essay, Evera, professor of Political Science at the Massachusetts Institute of Technology, explores the nexus between nationalism and war. His primary focus is on nationalism’s effect on the risk of war. In that regard, he addresses seven key questions: (1) “Does nationalism cause war?” (2) “If so, what types of nationalism are most likely to cause war?” (3) “How and why do they cause war?” (4) “What causes these war-causing nationalisms?” (5) “Under what conditions are they most dangerous?” (6) “How, if at all, can the war-causing attributes of nationalism be suppressed and neutralized?” and (7) “How large are the risks to peace posed by nationalism in today’s Europe, and how can these risks be minimized?” In part, Evera discusses the conflict in the former Yugoslavia that spanned the 1990s and beyond.
614.
Fearon, James D. (1998). “Commitment Problems and the Spread of Ethnic Conflict,” pp. 107–126. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press.
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This essay is comprised of the following sections: Constraints on the Spread of Ethnic Conflicts; Ethnic War and the Problem of Political Commitments by the Ruling Group; A Model of the Commitment Problem (which discusses the polarization of ethnic groups in Croatia following the declaration of Croatian independence in June 1991); Factors Affecting the Severity of the Commitment Problem; and Implications for the Spread of Ethnic Conflict. 615.
Fetherston, A. Betts (1998). “Voices from Warzones: Implications for Training UN Peacekeepers,” pp. 158–175. In Edward Moxon-Browne (Ed.) A Future for Peacekeeping? New York: St. Martin’s Press. The upshot of this thought-provoking essay by Fetherston, a lecturer in peace studies at the University of Bradford in England, is as follows: Left out of both concepts and practices of conflict management are the voices of people who “own” the problem. . . . [G]iven the true scope of war zones . . . , much more emphasis would usefully be turned toward transforming structures and processes within local communities, since it is these communities who provide the raw material through which war is supported, upon whom war is inflicted and by whom long-term transformation will be constructed. If the implications of such arguments were considered in terms of peacekeeping it would—and should—fundamentally shift the emphasis of the practice of peacekeeping toward peacebuilding and demilitarization. This will require that we overcome habitus in thinking about conflict management in the terms and limits of conflict settlement strategies and military security largely adhered to by the international community. (p. 172)
616.
Gagnon, Jr., V. P. (2000). “Ethnic Nationalism and International Conflict: The Case of Serbia,” pp. 132–168. In Michael E. Brown, Owen R. Coté, Sean M. Lynn-Jones, and Steven E. Miller (Eds.) Nationalism and Ethnic Conflict: An International Security Reader. Cambridge, MA: The MIT Press. In his introduction, Gagnon, a post-doctoral fellow in peace and security in a changing world in the Peace and Studies Program at Cornell University, argues that Despite the urgency of [the] issue, theories of international relations have not addressed the question of ethnic nationalist conflict. The main challenge is conceptual: how to establish the causal link between ethnic nationalist sentiment and interstate violence. Existing approaches tend to assume either that ethnic sentiment itself is the main cause of violent conflict, or that external security concerns lead national decisionmakers to inflame such sentiment. In this paper, I argue that such violent conflict is caused not by ethnic sentiments, nor by external security concerns, but rather by the dynamics of within-group conflict. The external conflict, although justified and described in terms of
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relations with other ethnic groups and taking place within that context, has its main goal within the states among members of the same ethnicity. I argue that violent conflict along ethnic cleavages is provoked by elites in order to create a domestic political context where ethnicity is the only relevant identity. It thereby constructs the individual interest of the broader population in terms of the threat to the community defined in ethnic terms. Such a strategy is a response by ruling elites to shifts in the structure of domestic political and economic power: by contrasting individual interests in terms of the threat to the group, endangered elites can fend off domestic challengers who seek to mobilize the population against the status quo, and can better position themselves to deal with future challenges. (pp. 133–134)
Gagnon uses the case of Serbia to illustrate his theory. The chapter is comprised of the following sections and subsections: Domestic Power and International Conflict: A Theoretical Framework; The Case of Serbia (1960s: Threats to the Status Quo; 1980–87: Threats to Conservatives; 1988–90: Threats to the Status Quo; 1990: Threats to the Status Quo; 1991: Threats to the Status Quo); and Conclusion: Ethnic Conflict as Political Strategy. 617.
Gagnon, V. P. Jr. (2004). The Myth of Ethnic War: Serbia and Croatia in the 1990s. Ithaca, NY: Cornell University Press. 217 pp. This book by V. P. Gagnon, assistant professor of Politics at Ithaca College and Visiting Fellow in the Peace Studies Program at Cornell University, is comprised of the following chapters: 1. “The Puzzle of the Yugoslav Wars of the 1990s”; 2. “Image Versus Reality: Misidentifying the Causes of Violence”; 3. “Political Conflict in the League of Communists of Yugoslavia, 1960s–1989”; 4. “Serbia and the Strategy of Demobilization, 1990–2000”; and 5. “Croatia and the Strategy of Demobilization, 1990–2000.”
618.
Gardner, Anne-Marie (2002). “Diagnosing Conflict: What Do We Know?” pp. 15–40. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. This piece, by a Ph.D. candidate in political science at Princeton University, is comprised of four sections: 1. Causes of conflict; 2. Causes of peace; 3. Theories on conflict trends; and 4. Potential issues for formulating “actionable recommendations” by the United Nations. In her introduction, Gardner observes that Despite wide variation in approaches and focal points, there appears to be convergence in two fundamental areas [vis-à-vis causes of conflict]. First, four factors appear repeatedly as especially prominent causes of conflict: insecurity, inequality, private incentives, and perceptions. These factors often work in tan-
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dem: economic inequalities may exacerbate security concerns, and perceptions fuel incentives to initiate or support conflict. Increasingly emphasized in the literature is the role played by economic factors, such as economic inequalities or the economic incentives of subnational actors. Prevention efforts must therefore utilize a multipronged approach, addressing multiple factors in a coordinated fashion, and emphasize previously neglected economic factors. Second, these causes interact with each other across time. Scholars designate some factors as structural causes and some as mobilizing factors that more directly precipitate the outbreak of war. Structural factors are the deeply rooted, underlying causes of conflict that may not always develop into violence. Mobilizing factors are more immediate to the conflict and often involve the actions of elites and/or masses. Thus, prevention should target underlying causes with long-term approaches and mobilizing factors with short-term prevention efforts—the latter focused on the role played by local actors. (p. 16)
619.
Gartzke, Erick, et al. (2001). “Investing in the Peace: Economic Interdependence and International Conflict.” International Organization, 55(2):391–438. This article does not address the issue of genocide per se, but that of conflict and war between states. That said, the article may be of interest to genocide scholars. In their introduction, the authors, all of whom are in the political science department at Pennsylvania State University, observe and then note that Students of world politics have long argued that peace is a positive externality of global commerce. Theorists like Montesquieu and Kant and practitioners like Woodrow Wilson asserted that economic relations between states pacify political interaction. Mounting evidence in recent years appears to substantiate these claims. Multiple studies, many identified with democratic peace, link interstate trade with reductions in militarized disputes or wars. While we concur with the evolving consensus, we see existing analyses of economics and peace as incomplete. On the one hand, a rich history of theorizing offers speculation addressing virtually every aspect of the relationship between economics and conflict. On the other hand, empirical studies of interdependence often adopt excessively narrow indicators of economic activity. It may be rewarding to take an intellectual step back—to briefly assess the broader theoretical question of how interdependence is likely to affect conflict behavior—and then to examine promising aspects of the relationship using more appropriate indicators. (p. 397) Using a theory of dispute onset based on work by James Fearon and others, we deduce conditions under which interdependence likely contributes to peace. In contrast to conventional interpretations, we show that opportunity costs associated with economic benefits generally cannot deter disputes. Instead, interdependence creates the means for states to demonstrate resolve without resorting to military violence. (p. 392)
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The article is comprised of the following sections and subsections: Existing Arguments About Economics and Peace (The Democratic Peace; Trade Interdependence; Monetary Interdependence; Capital Interdependence); Theory: Economic Interdependence and Peace; Why States Fight: A Theory of Costly Contests; Why Some States Do Not Fight: Contributions of Interdependence to Peace; How Interdependence Functions in the Context of Politics; Research Design; The Dependent Variable (Measuring Monetary Interdependence; Measuring the Impact of Capital Investment; Control Variables; Plan for Model Estimation and Presentation); Results; and Conclusion. 620.
Gurr, Ted Robert (2000). Peoples Versus States: Minorities at Risk in the New Century. Washington, D.C.: United States Institute of Peace Press. 400 pp. In his preface, Gurr, Distinguished University Professor at the University of Maryland and founder/director of the Minorities at Risk Project, states that The first specific task of this study is to document the rise and decline of political action by ethnic and other communal groups—groups from 1986 to 1999—the years in which ethnopolitical challenges rose sharply and then fell (p. xv); the second task is to sketch a theory of the conditions associated with the political assertion of ethnic and communal identities (p. xv); the third general task is to assess the risks of future ethnopolitical conflicts (p xvi); and the concluding chapter reviews the evidence for an emerging global regime governing relations between communal groups and the state in heterogeneous societies (p. xvi).
Gurr makes the significant observation that This regime consists of a set of principles about intergroup relations in heterogeneous states, a repertoire of strategies for institutionalizing the principles, and agreement on civil and international policies for responding to the ethnopolitical crises and conflicts. But this new regime of managed ethnic heterogeneity is imperfect. Its proponents are the established democratic states, mainly those in the global north and its effectiveness is severely tested by past, ongoing, and future communal conflicts and humanitarian crises in central Africa, Asia, and parts of the Middle East. (pp. xvi–xvii)
The eight chapters that comprise the book are: 1. “The Ethnic Basis of Political Action in the 1980s and the 1990s”; 2. “Long War, Short Peace: The Rise and Decline of Ethnopolitical Conflict at the End of the Cold War”; 3. “The Etiology of Ethnopolitical Conflict”; 4. “Incentives for Ethnopolitical Conflict: World Patterns of Discrimination and Repression in the 1990s”; 5. “Democratic Governance and Strategies of Accommodation in Plural Societies”; 6. “The Challenge of Resolving Ethnonational Conflicts”; 7.
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“Assessing Risks of Future Ethnic Wars”; and 8. “Conclusions: Managing Conflict in Heterogeneous Societies.” 621.
Gurr, Ted Robert, and Harff, Barbara (1994). Ethnic Conflict in World Politics. Boulder, CO: Westview Press. 205 pp. Gurr, professor of Government and Politics and distinguished scholar at the Center for International Development and Conflict Management at the University of Maryland at College Park, and Harff, professor of Political Science at the U.S. Naval Academy in Annapolis, present a cogent analysis of the causes and types of ethnic conflict facing the world in the post-cold war period. The historically grounded case studies complement their theoretical generalizations. The book is comprised of nine chapters: 1. “Ethnic Conflict and the Changing World Order”; 2. “The World of Ethnopolitical Groups”; 3. “The Pursuit of Autonomy: The Kurds and Miskitos”; 4. “Protecting Group Rights in Plural Societies: The Chinese in Malaysia and Turks in Germany”; 5. “A Framework for Analysis of Ethnopolitical Mobilization and Conflict”; 6. “The Internal Processes of Mobilization and Conflict: Four Cases”; 7. “The International Dimensions of Ethnopolitical Conflict: Four Cases”; 8. “Ethnic Groups in the International System: State Sovereignty Versus Group Rights to Self-Determination” (which includes a section entitled The Case of Bosnia-Herzegovina: International Implications of Genocidal Communal Conflict); and 9. “Responding to International Crises.”
622.
Hackett, Kenneth (2000). “International NGOs in Preventing Conflict,” pp. 273–285. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. Hackett, executive director of Catholic Relief Services, states the following regarding the focus of his chapter: It is the thesis of this chapter that many international NGOs by their mandates and by their access to communities, societal structures, and traditional and moral leaders, have a unique role to play in preventing conflict. Economic development is not sufficient to build a cohesive society. Integral human development—which includes social, political, cultural, psychological, intellectual, spiritual, physical, and economic development—helps people find an alternative to violent conflict. Many international NGOs facilitate this process by strengthening indigenous institutions and supporting their role in civil society to work toward the common good, and by carrying out integral human development as a means to eradicate poverty and injustice. Civil society can be a stabilizing force, acting as a buffer and providing the possibility for civil dialogue to de-escalate local tensions. This chapter reviews the nature of today’s conflicts and the roles that NGOs
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can play in developing civil society, promoting human development, working toward justice, and building peace. (p. 274)
623.
Hansen, Peter (2000). “The Challenge of Humanitarianism,” pp. 51–66. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Hansen, notes that in this essay he will first suggest that the isolation of humanitarian intervention in the traditional or narrow sense from a broader conflict-prevention prescription does not address maladies of the real world. Second, I will argue that the general reluctance to accept this fundamental interrelationship and the rapidly evolving nature of emergencies and emergency requirements are forcing the humanitarian network to become increasingly involved in activities frequently central to the political process. Third, I will suggest the need for reconciling the seeming political and humanitarian paradox, and outline three phases in which humanitarianism can be a force in overall efforts to deal with conflict. (p. 51)
The sections of the essay are comprised of the following: From Disaster Relief to Humanitarian Assistance: The Defining Moment; Changing Context, Changing Needs; Instruments of Change; and Protecting the Humanitarian Mandate. In part, Hansen focuses on the 1994 Rwanda genocide, and, in particular, the refugee crisis that erupted as a direct result of the genocide. 624.
Hart, Barry (2001). “Refugee Return in Bosnia and Herzegovina: Coexistence before Reconciliation,” pp. 291–310. In Mohammed Abu-Nimer (Ed.) Reconciliation, Justice, and Coexistence: Theory and Practice. Lanham, MD: Lexington Books. This chapter by Hart, who is with the Institute for Peacebuilding at Eastern Mennonite University in Harrisonburg, Virginia, is comprised of the following sections: a short overview of the relational history between the Serbs, Croats, and Bosnian Muslims; The Dayton Agreement; obstacles to reconciliation; CARE’S Welcome and Information Center Project; theory for practice; practice from theory; breaking the cycle of victimhood and aggression; and forgiveness and justice.
625.
Hechter, Michael (2004). “Containing Ethnonationalist Violence,” pp. 283–300. In Andreas Wimmer, Richard J. Goldstone, Donald Horowitz, Ulrike Joras, and Conrad Schetter (Eds.) Facing Ethnic Conflicts: Toward a New Realism. Lanham, MD: Rowman & Littlefield Publishers. One section of this chapter is entitled “Why Federation Could Intensify Ethnonationalist Conflict.”
626.
Hewstone, Miles and Cairns, Ed (2001). “Social Psychology and Intergroup Conflict,” pp. 319–342. In Daniel Chirot, and E. P. Martin Seligman (Eds.)
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Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. This chapter focuses on the following matters: social-psychological bases of intergroup conflict and group perspectives (ethnocentrism; realistic group conflict theory, social identity theory); whether there is something special about intergroup behavior; types of intergroup conflict (objective versus subjective conflict, explicit versus implicit conflict); social-psychological interventions to reduce intergroup conflict (contact between members of different groups, changing social categorizations); and changing social structures. 627.
Human Rights Watch (1995). Slaughter Among Neighbors: The Political Origins of Ethnic, Racial and Religious Violence. New Haven, CT: Yale University Press. 192 pp. The aim of Slaughter Among Neighbors is to provide an understanding of contemporary causes of conflict and build the foundation on which to construct sound strategies to contain and, hopefully, prevent the violence.
628.
Human Rights Watch (2001). Under Orders: War Crimes and Kosovo. New York: Author. 593 pp. This massive report documents the murders, rapes, forced expulsions, and other war crimes and crimes against humanity committed by Serbian and Yugoslav government forces against Kosovar Albanians between March 24 and June 12, 1999, the period of the North Atlantic Treaty Organization’s (NATO) air campaign against Yugoslavia. The report documents a coordinated and systematic campaign to terrorize, kill, and expel the ethnic Albanians of Kosovo that was organized at the highest levels of the Serbian and Yugoslav governments in power at that time. The report also describes serious abuses committed by the Kosovo Liberation Army, which abducted and murdered civilians during and after the war—as well as by NATO, which failed to adequately minimize civilian casualties during its bombing of Yugoslavia. That said, the primary focus is the Serbian and Yugoslav state-sponsored violence inflicted against the ethnic Albanian civilians.
629.
Human Rights Watch (1999). A Week of Terror in Drenica: Humanitarian Law Violations in Kosovo. New York: Washington, D.C.: Author. 102 pp. This is a report—and a call to action—in regard to the massacres committed by Serbian and Yugoslav government forces during the last week of September 1998 in Kosovo’s Drenica region. In addition to providing detailed accounts of the various massacres, the authors present a set of specific
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recommendations directed at various actors (including the Yugoslav government, the Kosovo Liberation Army, the United Nations, the International Criminal Tribunal for Yugoslavia, and the Organization for Security and Cooperation in Europe) for alleviating the on-going violence. 630.
International Commission on Intervention and State Sovereignty (2001). “Prevention,” pp. 27–46. In The International Commission on Intervention and State Sovereignty’s The Responsibility to Protect: Research, Bibliography, Background: Supplementary Volume to the Report of the International Commission on Intervention and State Sovereignty. Ottawa, ON, Canada: International Development Research Centre. This highly informative section of one of the most detailed and significant reports of late on the issues of intervention and state sovereignty includes a section entitled “Conflict Analysis” (pp. 33–34).
631.
James, Patrick, and Choi, Seung Whan (2005). Civil-Military Dynamics, Democracy, and International Conflict: A New Quest for International Peace. London: Palgrave Macmillan. 224 pp. This book by James (professor of Political Science at the University of Missouri, Columbia) and Choi (visiting assistant professor of Department of Political Science at the University of Missouri, Columbia) includes two chapters of interest: “Accounting for Militarized Interstate Disputes,” and “Accounting for Militarized Interstate Dispute-Related Casualties.”
632.
Jentleson, Bruce W. (Ed.) (2000). Opportunities Missed, Opportunities Seized: Preventive Diplomacy in the Post-Cold War World. Lanham, MD: Rowman and Littlefield. 431 pp. The collective authors in this volume weigh the value and likelihood of success in using preventive diplomacy to effectively address conflict by focusing on ten highly complex post -cold war cases. In doing so, many address the causes of conflict in various parts of the world. The book is comprised of the following parts and chapters: Part One: Overview (chapter 1: “Preventive Diplomacy: A Conceptual and Analytical Framework”; chapter 2: “The Warning-Response Problem and Missed Opportunities in Preventing Diplomacy”); Part Two: The Dissolution of the Soviet Union (chapter 3: “The War in Chechnya: Opportunities Missed, Lessons to Be Learned”; chapter 4: “The International Community and the Conflict over Nagorno-Karabakh”; chapter 5: “Preventive Diplomacy: Success in the Baltics”; chapter 6: “Preventive Diplomacy for Nuclear Nonproliferation in the Former Soviet Union”); Part Three: The Breakup of Yugoslavia (chapter 7: “Costly Disinterest: Missed Opportunities for Preventive Diplomacy in Croatia and Bosnia and Herzegovina, 1985–1991”;
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chapter 8: “Preventive Diplomacy for Macedonia, 1992–1999: From Containment to Nation Building”); Part Four: Ethnic Conflicts in Africa; chapter 9: “Somalia: Misread Crises and Missed Opportunities”; chapter 10: “Preventive Diplomacy in Rwanda: Failure to Act or Failure of Actions?”; chapter 11: “Prevention Gained and Prevention Lost: Collapse, Competition, and Coup in Congo”); Part Five: Rogue State Aggression (chapter 12: “Opportunity Seized: Preventive Diplomacy in Korea”; and Part Six: Conclusions (chapter 13: “Preventive Diplomacy: Analytical Conclusions and Policy Lessons”). 633.
Jentleson, Bruce W. (1998). “Preventive Diplomacy and Ethnic Conflict: Possible, Difficult, Necessary,” pp. 293–316. In David A. Lake and Donald Rothchild (Eds.). The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. One section of this thought-provoking essay by Jentleson, professor of Political Science at the University of California, Davis, is entitled “The Purposive Sources of Ethnic Conflict.”
634.
Johnson, William T. (1994). Pandora’s Box Reopened: Ethnic Conflict in Europe and Its Implications. Carlisle Barracks, PA: U.S. Army War College. 89 pp. The purpose of this study conducted by Johnson, professor of National Security Affairs at the Strategic Studies Institute at the U.S. Army War College, is to help prepare soldiers, policymakers, and statesmen for future U.S. involvement in ethnic conflict in Europe. The booklet is comprised, in part, of the following sections: The Importance of Ethnic Identity, Historical Sources of Ethnic Conflict in Europe, Proximate Causes of Ethnic Conflict, The Spectrum of Ethnic Conflict in Europe, Patterns of Ethnic Conflict, Special Characteristics of Ethnic Conflict, and Conclusions and Recommendations.
635.
Jowitt, Ken (2001). “Ethnicity: Nice, Nasty, and Nihilistic,” pp. 27–36. In Daniel Chirot, and E. P. Martin Seligman (Eds.) Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. Herein, Jowitt (professor of Political Science, University of California, Berkeley, and the Hoover Institution, Stanford University) discusses three types of ethnic conflict (ethnic conflict in the corporate setting, ethnic conflict in the individual setting, ethnic conflict in the ego setting), and provides examples of ethnic conditions. Among the genocides he comments on in his essay are those that were perpetrated in Nazi Germany, Bosnia, Cambodia, and Rwanda.
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636.
Kaldor, Mary (2001). New & Old Wars: Organized Violence in a Global Era. Stanford, CA: Stanford University Press. 206 pp. Kaldor, the Jean Monnet Reader of Contemporary European Studies in the Sussex European Institute at the University of Sussex, argues that in the context of globalization what is generally perceived as war—that is, a major conflict between states in which the aim is to inflict maximum violence—is becoming an anachronism. Further, she argues, in the latter’s place is a new type of organized violence, which she deems “new wars,” or conflicts that can be best described as a mixture of wars, organized crime, and massive violations of human rights. She points out that the actors are both global and local, and public and private. “She also argues that the latter are generally fought for particularistic political goals using acts of terror and destablization that are theoretically outlawed by the rules of modern warfare. The upshot of Kaldor’s analysis is the basis for a cosmopolitan political response to such wars, in which the monopoly of legitimate organized violence is reconstructed on a transnational basis and international peace-keeping is reconceptualized as cosmopolitan law enforcement. She further argues that such an approach has implications for the reconstruction of civil society, political institutions, and economic and social relations” (p. i). The book is comprised of the following seven chapters, plus an Afterward: 1. “Introduction”; 2. “Old Wars”; 3. “Bosnia-Herzegovina: A Case Study of a New War”; 4. “The Politics of New Wars”; 5. “The Globalized War Economy”; 6. “Towards a Cosmopolitan Approach”; and 7. “Governance, Legitimacy and Security.” Kaldor specifically addresses the issue of genocide as opposed to other types of violence on seven occasions (pp. 25, 64, 78, 84, 100, 114, 117–118).
637.
Kälin, Walter (2004). “Decentralized Governance in Fragmented Societies: Solution of Cause of New Evils?” pp. 301–311. In Andreas Wimmer, Richard J. Goldstone, Donald Horowitz, Ulrike Joras, and Conrad Schetter (Eds.) Facing Ethnic Conflicts: Toward a New Realism. Lanham, MD: Rowman & Littlefield Publishers. One section of this essay is entitled “Antithesis: Decentralization as a Danger in Situations of Minority Conflicts.”
638.
Kanet, Roger E. (Ed.) (1998). Resolving Regional Conflicts. Urbana and Chicago: University of Illinois Press. 257 pp. In this book, twelve scholars examine the issue of conflicts within and between nations, exploring models by which emerging security problems can be analyzed. In doing so, they also discuss specific conflicts and the ways in which they were addressed by different parties.
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The chapters germane to the issue of genocide are as follows: 1. “Modeling International Security” by Edward A. Kolodziej; 6. “Grounds for Hope or Pessimism?” by Paul Schroeder; 7. “Peacekeeping in Somalia, Cambodia, and the Former Yugoslavia” by Paul F. Diehl; and 8. “Conflict Resolution and International Intervention in El Salvador and Cambodia” by Gerardo L. Munck and Chetan Kumar. 639.
Kaufmann, Chaim (2000). “Possible and Impossible Solutions to Ethnic Civil Wars,” pp. 265–304. In Michael E. Brown, Owen R. Coté Jr., Sean M. Lynn-Jones, and Steven E. Miller (Eds.) Nationalism and Ethnic Conflict: An International Security Reader. Cambridge, MA: The MIT Press. In his introduction, Kaufmann, professor of International Relations at Lehigh University, notes that in this chapter, he . . . offers a theory of how ethnic wars end, and proposes an intervention strategy based on it. The theory rests on two insights: First, in ethnic wars both hypernationalist mobilization rhetoric and real atrocities harden ethnic identities to the point that cross-ethnic political appeals are unlikely to be made and even less likely to be heard. Second, intermingled population settlement patterns create real security dilemmas that intensify violence, motivate ethnic “cleansing,” and prevent de-escalation unless the groups are separated. As a result, restoring civil politics in multi-ethnic states shattered by war is impossible because the war itself destroys the possibilities for ethnic cooperation. (p. 266)
He further asserts that Stable resolutions of ethnic civil wars are possible, but only when the opposing groups are demographically separated into defensible enclaves. Separation reduces both incentives and opportunity for further combat, and largely eliminates both reasons and chances for ethnic cleansing of civilians. While ethnic fighting can be stopped by other means, such as peace enforcement by international forces or by a conquering empire, such peaces last only as long as the enforcers remain. This means that to save lives threatened by genocide, the international community must abandon attempts to restore war-torn multi-ethnic states. Instead, it must facilitate and protect population movements to create true national homelands. Sovereignty is secondary: defensible ethnic enclaves reduce violence with or without independent sovereignty, while partition without separation does nothing to stop mass killing. Once massacres have taken place, ethnic cleansing will occur. The alternative is to let the interahamwe and the Chetniks “cleanse” their enemies in their own way. (p. 266)
The chapter is comprised of the following sections and subsections: How Ethnic Civil Wars End (The Dynamics of Ethnic War, Identity in Ethnic Wars, Identifying Loyalties, The Decisiveness of Territory, Security Dilemmas in Ethnic Wars, Demography and Security Dilemmas, War
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and Ethnic Unmixing, Ethnic Separation and Peace); Theories of Ethnic Peace (Alternatives to Separation, Reconstruction of Ethnic Identities, Power-Sharing, State-Building, Ethnic Separation, How Ethnic Wars Have Ended); Intervention to Resolve Ethnic Civil Wars (Designing Settlements, Intervention Strategy, Bosnia and Rwanda and Burundi); and Objections to Ethnic Separation and Partition (Partition Encourages Splintering of States, Population Transfers Cause Suffering, Rump States Will Not Be Viable, and Partition Does Not Resolve Ethnic Hatreds). 640.
Keller, Edmond J. (1998). “Transnational Ethnic Conflict in Africa,” pp. 275–292. In David A. Rothchild and Donald Lake (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. In his introduction, Keller, professor of Political Science at the University of California at Los Angeles, states that . . . the purpose of this essay is fourfold: first, to identify the origins and transformation of ethnic conflicts in selected African states that have on occasion become transnationalized; second, to identify the factors that contribute to the politicization of ethnicity and those that seem to explain why some incidents of politicized ethnicity spill over national borders and others do not; third, to identify the ways in which the most intense of ethnically-based conflict have been dealt with by regional and international institutions; and fourth, to assess the increasing challenges posed to external and regional actors who might consider some form of intervention for the purpose of assisting in the management of domestic conflicts that have or could become transnationalized. (p. 275)
The chapter is comprised of the following sections and subsections: The Origins of Transnational Ethnic Conflict in Africa (Somali Irredentism, Southern Sudan Separatism, The Intervention of Tribalism in Rwanda and Burundi); and Managing Transnational Ethnic Conflict in Africa (Conflict Elimination, and Conflict Management; and Policy Challenges of Transnational Ethnic Conflict in Africa). 641.
Kiernan, Ben (2001). “The Ethnic Element in the Cambodian Genocide,” pp. 83–91. In Daniel Chirot, and E. P. Martin Seligman (Eds.) Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. Kiernan, professor of History at Yale University and director of the Yale Genocide Studies Program, discusses the following: varying interpretations of “the nature of the Khmer Rouge regime and the ideology that presided” over the genocide it perpetrated; Pol Pot’s racism; Stalinism and racism; and the ethnic purges.
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Krieger, Heike (Ed.) (1997). East Timor and the International Community: Basic Documents. Cambridge, England: Cambridge University Press. 494 pp. This book includes materials on the historical background of the longrunning dispute in East Timor (including the circumstances surrounding the Indonesian invasion and Indonesia’s perpetration of genocide against “suspected communists,” through the 1995 judgment of the International Court of Justice case involving Portugal and Australia). The book contains a substantive introduction which places the documents in context and provides an overview of the key political and legal issues of the dispute.
643.
Kurtz, Lester (Ed.) (1999). Encyclopedia of Violence, Peace, and Conflict. 3 Volumes. Kent (GB): Academic Press. 2598 pp. Comprised of more than 200 multidisciplinary articles, over 750 cross references, and more than 200 additional reading references, this three volume set by over 200 eminent contributors from across the globe, describes and clarifies the developments that have led to current theories about—and positions on—violence and peace.
644.
Kushner, Tony, and Knox, Katharine (1999). Refugees in an Age of Genocide: Global, National, and Local Perspectives During the Twentieth Century. Portland, OR and London: Frank Cass. 505 pp. This book by Kushner (reader in the Department of History at the University of Southampton) and Knox (research fellow in the Department of History at the University of Southampton) presents an examination of the history of refugee movements during the course of the twentieth century. The most relevant chapters vis-à-vis the issues of conflict and the prevention and intervention of genocide are: chapter 12. “The Kurds: A Movement of Humanity in an Era of Restriction?”; and chapter 13. “Refugees from the Former Yugoslavia: The Last ‘Programme’ Refugees?”; and “Afterword: Kosovo.” Why the book does not contain a chapter on the refugees from the 1994 Rwandan genocide is baffling. Indeed, the lack of a chapter on Rwanda constitutes a major gap in the book and in the story of “refugees in an age of genocide.”
645.
Lake, David, A., and Rothchild, Donald (2000). “Containing Fear: The Origins and Management of Ethnic Conflict,” pp. 97–131. In Michael E. Brown, Owen R. Coté, Sean M. Lynn-Jones, and Steven E. Miller (Eds.) Nationalism and Ethnic Conflict: An International Security Reader. Cambridge, MA: The MIT Press.
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In the introduction, Lake, professor of Political Science at the University of California at San Diego, and Rothchild, professor of Political Science at the University of California at Davis, note the following: We argue that intense ethnic conflict is most often caused by collective fears of the future. As groups begin to fear for their safety, dangerous and difficultto-resolve strategic dilemmas arise that contain within them the potential for tremendous violence. As information failures, problems of credible commitment, and the security dilemma take hold, groups become apprehensive, the state weakens, and conflict becomes more likely. Ethnic activists and political entrepreneurs, operating within groups, build upon these fears of insecurity and polarize society. Political memories and emotions also magnify these anxieties, driving groups further part. Together, these between-group and within-group strategic interactions produce a toxic brew of distrust and suspicion that can explode into murderous violence. This essay presents a framework for understanding the origins and management of ethnic conflict. Focusing on the central concept of ethnic fear, we attempt to provide a broad framework for comprehending, first, how the various causes of ethnic conflict fit together and potentially interact and, second, how policies can be crafted to address these causes. Moreover, while our approach is largely “rational choice” oriented, we also seek to examine how non-rational factors such as political myths and emotions interact with the strategic dilemmas we highlight. We recognize that many of the ideas presented here have already appeared in the burgeoning literature on ethnic conflict, and do not claim to be presenting an entirely novel approach, although we note some areas of disagreement with prevailing approaches. Our analysis proceeds in two steps. The first section examines the intergroup and intra-group strategic dilemmas that produce ethnic violence. Building on this diagnosis, the second section discusses several ways of managing ethnic conflicts both before and after they become violent. We consider, first, confidence-building measures that can be undertaken by local elites and governments—or promoted by members of the international community—to quell real or potential violence and, second, external interventions led by concerned states and organizations. The concluding section highlights several policy initiatives that follow from our analysis. (p. 97)
646.
Lake, David A., and Rothchild, Donald (1998). “Ethnic Fears and Global Engagement,” pp. 339–350. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. Lake and Rothchild draw some general lessons for both theory and policy in regard to the following questions: “How, why, and when do ethnic conflicts spread across state borders?” and “How can such transnational ethnic conflicts best be managed?” Under a section entitled “Toward Practical Initiatives,” they recommend four specific avenues of action: 1. Manage
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Information; 2. Assist “Failing States”; 3. Invest in Implementation; and 4. Plan and Prevent. 647.
Lake, David, and Rothchild, Donald (Eds.) (1998).The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. 392 pp. In this book, the editors and contributors argue that ethnic conflict is not caused directly by intergroup differences or centuries-old feuds, and that the collapse of the Soviet Union did not simply release long-suppressed ethnic passions. In turn, they examine how anxieties over security, competition for resources, breakdown in communication with the government, and the inability to make enduring commitments lead ethnic groups into conflict. The essays focus on the strategic interactions that underlie ethnic conflict and its effective management by addressing two questions: First, how, why and when do ethnic conflicts diffuse by precipitating similar conflicts elsewhere or escalate by bringing in outside parties? Second, how can such transnational ethnic conflicts best be managed? The book is comprised of the following parts and sections: Part One: Introduction (1. “Spreading Fear: The Genesis of Transnational Ethnic Conflict” by David A. Lake and Donald Rothchild); Part Two: The International Spread of Ethnic Conflict (2. “Ethnic Dissimilation and Its International Diffusion” by Timur Kuran; 3. “Tactical Information and the Diffusion of Peaceful Protest” by Stuart Hill, Donald Rothchild, and Colin Cameron; 4. “Transnational Ethnic Ties and Foreign Policy” by Will H. Moore and David R. Davis); Part Three: The Limits to Spread (5. “Commitment Problems and the Spread of Ethnic Conflict” by James D. Fearon; 6. “Is Pandora’s Box Half Empty or Half Full? The Limited Virulence of Secessionism and the Domestic Sources of Disintegration” by Stephen M. Saideman; 7. “The Spread of Ethnic Conflict in Europe: Some Comparative-Historical Reflections” by Sandra Halperin; 8. “Ethnicity, Alliance Building, and the Limited Spread of Ethnic Conflict in the Caucasus” by Paula Garb); Part Four: The Management of Transnational Ethnic Conflict (9. “Containing Fear: The Management of Transnational Ethnic Conflict” by Donald Rothchild and David A. Lake; 10. “Minority Rights and the Westphalian Model” by Stephen D. Krasner and Daniel T. Froats; 11. “Ethnicity and Sovereignty: Insights from Russian Negotiations with Estonia and Tatarstan” by Cynthia S. Kaplan; 12. “Transnational Ethnic Conflict in Africa” by Edmond J. Keller; 13. “Preventive Diplomacy and Ethnic Conflict: Possible, Difficult, Necessary” by Bruce W. Jentleson; 14. “Putting Humpty-Dumpty Together Again” by I. William Zartman); and Part Five: Conclusion (15. “Ethnic Fears and Global Engagement” by David A. Lake and Donald Rothchild).
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648.
Lake, David, and Rothchild, Donald (1998). “Spreading Fear: The Genesis of Transnational Ethnic Conflict,” pp. 3–32. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. In this chapter, the authors note that they start with an overview of the concepts of ethnicity and ethnic groups. We take a middle ground . . . [and] emphasize . . . the socially constructed but persistent nature of ethnic identity groups. Their origins may be mythical, but they can . . . attract powerful loyalties and commitments as political elites mobilize ethnic kin for action. We next examine the cause of ethnic conflict. We argue that ethnic conflict is not caused directly by intergroup differences, “ancient hatred” and centuries-old feuds, or the stresses of modern life within a global economy. Nor were ethnic passions, long bottled up by repressive communist regimes, simply uncorked by the end of the Cold War. Instead, we maintain that ethnic conflict is most commonly caused by collective fears of the future. As groups begin to fear for their physical safety, a series of dangerous and difficult-to-resolve strategic dilemmas arise that contain within them the potential for tremendous violence. As information failures, problems of credible commitment, and the security dilemma take hold, the state is weakened, groups become fearful, and conflict becomes likely. Ethnic activists and political entrepreneurs, operating within groups, reinforce these fears of physical insecurity and cultural domination and polarize society. Political memories, myths, and emotions also magnify these fears, driving groups further apart. Together, these between-group and within-group strategic interactions produce a toxic brew of distrust and suspicion that can explode into murderous violence, even the systematic slaughter of one people by another. Finally, we turn to the question of the international spread of ethnic conflict. [Here,] we distinguish between diffusion, which occurs when conflict in one area alters the likelihood of conflict elsewhere, and escalation, which occurs when additional, foreign participants enter an otherwise “internal” conflict. We then examine the . . . causal routes by which ethnic conflicts can diffuse or escalate. Diffusion occurs largely through information flows that condition the beliefs of ethnic groups in other societies. Escalation is driven by alliances between transnational kin groups as well as by intentional or unintentional spillovers, irredentist demands, attempts to divert attention from domestic problems, or by predatory states that seek to take advantage of the internal weaknesses or others. (p. 4)
The chapter is comprised of the following sections: Ethnicity and Ethnic Conflict, The Causes of Ethnic Conflict, Strategic Interactions Between Groups, and The International Spread of Ethnic Conflict. 649.
Lange, John E. (1998). “Civilian-Military Cooperation and Humanitarian Assistance: Lessons from Rwanda.” Parameters, Summer, 28(2):106– 122.
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This article’s focus is on the assistance provided to the five hundred thousand to eight hundred thousand refugees who fled from Rwanda into Zaire in the aftermath of the 1994 Rwandan genocide. The article is comprised of the following sections: A Massive Emergency, and the [U.S.] President Responds; Initial [U.S.] Military Reluctance; Misgivings Among Key Members of [the U.S.] Congress; Civilian-Military Debate over U.S. Commitment; Operation Support Hope in Broader Context; Lessons-Learned Exercises; and The Military and Humanitarian Operations: Inevitable Involvement and Inevitable Clashes. 650.
Lemarchand, René (1992). “Burundi: The Politics of Amnesia,” pp. 70–86. In Helen Fein (Ed.) Genocide Watch. New Haven, CT: Yale University Press. In his introduction, Lemarchand, an Africanist at the University of Florida, Gainesville, states that his aim in this essay is to expose the extraordinary combination of misperceptions, selective shifting of the evidence, and denial of historical facts that to this day conspires to obfuscate the dynamics of—and gloss over—the reality of ethnic strife in postcolonial Burundi . . . To begin with, official accounts of the causes and costs of ethnic conflict are not the most reliable source as might be expected, the tendency has been to overemphasize the “external subversion” involved in such conflict and to underplay both the saliency of domestic strife and the magnitude of its human costs. Because the official version is given substantially greater coverage in the media than the views of the victims, the result has generally been to minimize public concern over the depth of the human tragedies involved. Just how far official accounts have shaped Western perceptions of Burundi society is hard to tell; that some observers, however, including academics, have tended to endorse uncritically the myths and misperceptions conveyed by the Bujumbura authorities is undeniable. (pp. 71–72)
651.
Lemarchand, René (2004). “Exclusion, Marginalization, and Political Mobilization: The Road to Hell in the Great Lakes,” pp. 61–77. In Andreas Wimmer, Richard J. Goldstone, Donald Horowitz, Ulrike Joras, and Conrad Schetter (Eds.) Facing Ethnic Conflicts: Toward a New Realism. Lanham, MD: Rowman & Littlefield Publishers. Herein, Lemarchand addresses the following issues: historical backdrop to the ongoing conflict in the Great Lakes region of Africa, the issue of ranked societies, the dimensions of exclusion, the politics of “mobilized diasporas,” and the tools of political mobilization.
652.
Lischer, Sarah Kenyon (2005). Dangerous Sanctuaries: Refugee Camps, Civil War, and the Dilemmas of Humanitarian Aid. Ithaca, NY: Cornell University Press. 204 pp.
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Five chapters in this book are particularly germane to the issues of the cause(s) of conflict and genocide: 1. “Refugee Crises as Catalysts of Conflict”; 2. “Political Incentives for the Spread of Civil War”; 4. “From Refugees to Regional War in Central Africa”; 5. “Demilitarizing a Refugee Army: Bosnian Muslim Renegade Refugees”; and 6. “Collateral Damage: The Risks of Humanitarian Response to Militarized Refugee Crises.” 653.
Lund, Michael S. (2001). “Why Are Some Ethnic Disputes Settled Peacefully, While Others Become Violent? Comparing Slovakia, Macedonia, and Kosovo,” pp. 128–178. In Hayward R. Alker, Ted Robert Gurr, and Kumar Rupesinghe (Eds.) Journeys Through Conflict: Narratives and Lessons. Lanham, MD: Rowman & Littlefield Publishers. Lund, professorial lecturer at the School of Advanced International Studies, Johns Hopkins University, notes that “The purpose of this chapter is to illustrate how a comparative approach can target critical entry points for effective preventive interventions. An empirically-informed, structured comparison of various possible sources of conflicts in three similar cases is used to identity why political tensions and disputes led to peaceful political negotiations in some situations, but led to convulsing international conflicts in other. These key ‘swing’ factors thus suggest promising entry points for preventive actions” (p. 130).
654.
MacFarlane, S. Neil (2001). Humanitarian Action: The Conflict Connection [Occasional Papers # 43]. Providence, RI: The Thomas J. Watson Jr. Institute for International Studies at Brown University. 87 pp. This monograph examines the impact of humanitarian action in the active conflict and post-conflict stages of recent armed conflicts. At the outset of the monograph, the author delineates what he deems are four viewpoints comprising the spectrum of opinion vis-à-vis the “conflict connection”: 1. Fidelity to the humanitarian imperative and suspicion of the intrusion of political factors into program design and implementation (that is, the classical humanitarian position); 2. Damage limitation (that is, the attempt to avoid doing harm in the process of providing assistance and protection); 3. Conflict transformation (that is, the use of humanitarian action to promote peace); and 4. Aid for victory (that is, the use of humanitarian action to secure the victory of one party or another (p. vii). “The study concentrates on the second and third positions, which represent the focus of recent debate. After placing the issues in historical perspective, the analysis turns to the ways in which humanitarian action can exacerbate
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or prolong conflict. The discussion places particular emphasis on the role of humanitarian assistance in the political economy of war, on issues related to the protection of victims and humanitarian personnel, and on dilemmas of proportionality. That is followed by an evaluation of strategies for mitigating the negative impact of humanitarian action on conflict and for the promotion of conflict resolution through humanitarian assistance” (p. vii). The monograph is comprised of the following sections: 1. Historical Perspective; 2. The Conflict Connection; 3. Minimizing the Conflict Connection; 4. Humanitarian Action and Conflict Transformation; and 5. Conclusions. 655.
Maynard, Kimberly A. (1999). Healing Communities in Conflict: International Assistance in Complex Emergencies. New York: Columbia University Press. 245 pp. Maynard, who has worked in the field of disaster management and international aid for more than twenty years and worked in Kosovo in the late 1990s, examines how complex emergencies/crises unfold, and also explores how the international community can be more effective in the regions of the world where civil war and ethnic strife have occurred in helping the people rebuild their communities following the end of the strife. She provides ample evidence as to how policy makers’ inadequate knowledge of local realities not only adversely affect their ability to respond effectively to specific situations but the needs of the local population. The book is comprised of two parts and eight chapters: Part One: Complex Emergencies Since the Cold War (1. “The International Humanitarian Context”; 2. “The Nature of Conflicts and Complex Emergencies”; 3. “Forced Migration: A Consequence of Conflict”; 4. “The Process of Returning Home”; and 5. “Communities in Conflict”); and Part Two: Toward a Holistic Approach to Assistance (6. “Rebuilding Community Cohesion” 7. “International Intercession in Community Rehabilitation”; and 8. “The Next Phase in International Aid”).
656.
Mazurana, Dyan, Raven-Roberts, Angela, and Parpart, Jane (Eds.) (2005). Gender, Conflict, and Peacekeeping. Lanham, MD: Rowman & Littlefield Publishers. 321 pp. The contributors to this book examine how gender has become a central factor in shaping current thinking about the causes and consequences of armed conflict, complex emergencies, and reconstruction. Drawing on expertise ranging from the highest levels of international policy making down to the implementation of peacekeeping operations, this book presents a rich array of examples from Bosnia Herzegovina, East Timor, the former Yugoslavia, Guatemala, Kosovo, Rwanda, Serbia, as well as others.
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The book is comprised, in part, of the following chapters: “Gender, Conflict, Peacekeeping” by Dyan Mazurana, Angela Raven-Roberts, Jane Parpart, with Sue Lautze; “Gender and the Causes and Consequences of Armed Conflict” by Dyan Mazurana; “Gender Mainstreaming in United Nations Peacekeeping Operations: Talking the Talk, Tripping over the Walk” by Angela Raven-Roberts; “Prosecution of Gender-based Crimes in International Law” by Valerie Oosterveld; “The Renewed Popularity of the Rule of Law: Implications for Women, Impunity, and Peacekeeping” by Barbara Bedont; “Peacekeeping Trends and Their Gender Implications for Regional Peacekeeping Forces in Africa: Progress and Challenges” by Heidi Hudson; “Peacekeeping, Alphabet Soup, and Violence Against Women in the Balkans” by Martina Vandenberg; “The Post-Conflict Postscript: Gender and Policing in Peace Operations” by Tracy Fitzsimmons; “The Guatemalan Peace Accords: Critical Reflections” by Ilja A. Luciak and Cecilia Olmos; “Les Femmes Aux Milles Bras: Building Peace in Rwanda” by Erin K Baines; “Mainstreaming Gender in United Nations Peacekeeping Training: Examples from East Timor, Ethiopia, and Eritrea” by Angela Mackay; and “What if Patriarchy is The Big Picture? An Afterword” by Cynthia Enloe. 657.
McCauley, Clark (2001). “The Psychology of Group Identification and the Power of Ethnic Nationalism,” pp. 343–362. In Daniel Chirot, and E. P. Martin Seligman (Eds.) Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. McCauley, professor of Psychology at Bryn Mawr College, discusses the following: the psychology of identification; effects of group identification; the mobilization of group identification; and demobilizing group identification.
658.
Miall, Hugh (2005). Emergent Conflict and Peaceful Change. New York: Palgrave Macmillan. 256 pp. Miall, reader in peace and conflict research, Lancaster University, draws upon conflict theory, case studies of averted conflict, and a survey of the preventors of war since 1945 to explore the issues of emergent conflict and peaceful change. He also looks ahead to discuss the prevention of emerging global conflicts, focusing on climate change. The book is comprised of the following chapters: “Emergent Conflict and Peaceful Change: An Introduction”; “A Theory of Emergent Conflict and Conflict Prevention”; “Preventors of War”; “Governance”; “Democratisation”; “Development”; “Emergent Conflicts”; “Global Environmental Change”; “Peaceful Change and Community Formation.”
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Miall, Hugh (1992). The Peacemakers:The Peaceful Settlement of Disputes Since 1945. New York: St. Martin’s Press. 250 pp. In his preface, Miall, a member of the Oxford Research Group, notes that “This book explores the conditions which favour peaceful settlements of conflicts. It draws on theories of conflict resolution, the experience of mediators and conciliators, and the historical experience of peacefully settled conflicts. The main part of the book is a study of 81 interstate and civil conflicts between the period 1945–1981” (p. xvi). The book is comprised of the following components: Part I: Introduction (1. “Introduction: Conflict Resolution After the Cold War”; 2. “Conflict, Justice and Power”; 3. “The Meaning of Words: Conflict, Violence, Peaceful Settlement”); Part 2. How Can Conflicts Be Peacefully Settled? (4. “The Theory of Conflict Resolution”; 5. “Practitioners of Conflict Resolution”); Part III. How Conflicts Are Settled (6. “Peaceful Settlements in Practice”; 7. “Peaceful Settlements in Practice: A Comparative Study”; 8. “Conflicts Involving Territorial Issues”; 9. “Conflicts Involving Ethnic Issues”; 10. “Conflicts Involving Minorities”; 11. “Resource Conflicts”; 12. “Lithuania and the Gulf”); Part 4: Towards a New Dispute Settlement Regime (13. “Conclusions”); and Part 5: “Cases.”
660.
Mills, Kurt, and Norton, Richard (2002). “Refugees and Security in the Great Lakes Region of Africa.” Civil Wars, Spring, 5(1):1–26 This article focuses on the various linkages between large refugee flows and security. In particular, it details how extremely large refugee flows can sometimes lead to, or at least help create, conditions for massive insecurity. It concentrates specifically on refugees in the Great Lakes region of Africa, with a detailed emphasis on Rwanda and eastern Zaire. It illustrates how refugees can indeed constitute a security threat on many different and levels of analysis . . . The time-frame for this article covers the years leading up to the [1994 Rwandan] genocide, the period of the genocide itself in the middle of 1994, and two years following the genocide. (p. 2).
661.
Morales, Waltraud Queiser (1998). “Intrastate Conflict and Sustainable Development: Lessons from Bosnia, Somalia, and Haiti,” pp. 245–268. In Michael N. Dobkowski and Isidor Wallimann (Eds.) The Coming Age of Scarcity: Preventing Mass Death and Genocide in the Twenty-First Century. Syracuse, NY: Syracuse University Press. In his introduction, Morales, professor of international and comparative studies at the University of Central Florida, argues and then states the following:
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An important causal element often only implied [in various theories], but which facilitates racial, ethnic, and nationalistic intrastate conflicts is economic scarcity. Although theoretical explanations may ignore or downplay the critical ingredient of scarcity—whether actual or perceived, or primarily economic, sociocultural, or a mixture of these—scarcity activates “balkanization.” Both the “objective” and “subjective” increase in socioeconomic competition for scarce state resources is an essential (but not necessarily sufficient) precondition of intrastate violence. Scarcity establishes, triggers, and heightens the “us” versus “them” polarization of society. Therefore, explanations close to home isolate many of the same structural and cultural preconditions of intrastate conflict. . . . The central argument of my analysis does not suppose that socioeconomic scarcity represents a unicausal explanation for global wars, ethnic violence and civil unrest with states (or between and among states). However, it does assert that the important conditioning, and motivating role of scarcity, may be obscured by overemphasis on cultural, ethnic, and nationality factors alone. Analysis of intrastate violence in Somalia [and] Bosnia will attempt to support this interpretation. (pp. 246–247)
662.
Muscat, Robert J. (2002). Investing in Peace: How Development Aid Can Prevent or Promote Conflict. Armonk, NY: M. E. Sharpe. 265 pp. Written by a development economist with experience as a practitioner (including work with the U.S. Agency for International Development), this book is comprised of the following two parts and seven chapters: Part 1: Conflicts, Causes, and Economic Development (1. “Introduction: Conflict and the International Development Agencies”; 2. “Conflicts Fought, Conflicts Avoided: Nine Cases”; 3. “Development and Conflict: Connections and Precursors”); and Part II: Toward an Agenda for Conflict Prevention (4. “Relevance and Assessment”; 5. “Inducing Nonviolent Politics and Conflict Management”; 6. “Economic and Sector Policies: Reforms, Preferences, and Harmonization of Interests”; and 7. “Persuasion, Leverage, and Sanctions”).
663.
Nafziger, E. Wayne, and Auvinen, Juha (2003). Economic Development, Inequality and War: Humanitarian Emergencies in Developing Countries. New York: Palgrave. 256 pp. The goal of the authors (Nafziger is Distinguished Professor at Kansas State University, and Auvinen is docent of International Politics at the University of Helsinki) is to show how economic decline, income inequality, political authoritarianism, military centrality, and competition for mineral exports contribute to war and humanitarian emergencies. They argue that economic regress and political decay bring about relative deprivation, a perception by social groups of injustice arising from a growing discrepancy between what they expect and get. They assert that both economic greed and social
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grievances drive contemporary civil wars. Finally, the authors identify policies for preventing humanitarian emergencies. The book is comprised of the following: “A Humanitarian Emergency: War, Genocide, and Displacement”; “Poverty, Stagnation, Unemployment, and Inflation”; “Ethnicity, Political Economy, and Conflict”; “Inequality, Exclusivity, and Relative Deprivation”; “Stagnation, Inequality, Adjustment, and Elite Interests”; “Authoritarianism, Democratization, and Military Centrality”; “The Failure of Agriculture: Food Entitlements, Elite Violence, and Famines”; “The Conflict Over Land and Natural Resources”; and “Preventing Humanitarian Emergencies: Policy Implications.” 664.
Ndikumana, Léonce (2000). “Towards a Solution to Violence in Burundi: A Case for Political and Economic Liberalisation.” The Journal of Modern African Studies, 38(3):431–459. Ndikumana, assistant professor of Economics at the University of Massachusetts, Amherst, asserts the following in the Abstract to his article: The causes of violence in Burundi are complex and go beyond the alleged “age-old” animosities between the Hutu and the Tutsi. In the short run, it may be impossible to eradicate conflicts; but it is imperative to transform conflicts into non-violent “shocks of ideas” between rival parties, which must refocus their energy at finding a negotiated settlement. This article posits that the solution to violence must revolve around political and economic liberalisation aimed at (1) eradicating the tradition of using the state for oppression and accumulation; (2) achieving egalitarian development; and (3) protecting the rights of all citizens. (p. 431)
665.
Newman, Edward, and van Selm, Joanne (Eds.) (2003). Refugees and Forced Displacement: International Security, Human Vulnerability, and the State. Tokyo: United Nations University Press. 402 pp. The contributors to Refugees and Forced Displacement argue, convincingly, that human displacement can be both a cause and a consequence of conflict within and among societies. Additionally, they assert, the management of refugee movements and the protection of displaced people should be an integral part of security policy and conflict management. This book is comprised of the following chapters: “Refugees, International Security, and Human Vulnerability: Introduction and Survey” by Edward Newman; “Refugees as Grounds for International Action” by Gil Loescher; “Refugees and Human Displacement in Contemporary International Relations: Reconciling State and Individual Sovereignty” by Gary Troelle; “Refugee Protection Policies and Security Issues” by Joanne van Selm; “Human Security and the Protection of Refugees” by Astri Suhrke;
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“Thinking Ethically About Refugees: A Case for the Transformation of Global Governance” by Mervyn Frost; “The Early Warning of Forced Migration: State or Human Security?” by Susanne Schmeidl; “Towards a Protection Regime for Internally Displaced Persons” by Erin D. Mooney; “Reconciling Control and Compassion? Human Smuggling and the Right to Asylum” by Khalid Koser; “Post-conflict Peace-Building and the Return of Refugees: Concepts, Practices and Institutions” by B. S. Chimni; “The Long-term Challenges of Reconstruction and Reintegration: Case Studies of Haiti and Bosnia-Herzegovina” by Patricia Weiss Fage; “Sovereignty, Gender and Displacement” by Julie Mertus; “Securitizing Sovereignty? States, Refugees, and the Regionalization of International Law” by Gregor Noll; “A New Tower of Babel? Reappraising the Architecture of Refugee Protection” by William Maley; “Distance Makes the Heart Grow Fonder: Media Images of Refugees and Asylum Seekers” by Peter Mares; and “Changing Roles of NGOs in Refugee Assistance” by Mark Raper. 666.
Oberschall, Anthony (2001). “From Ethnic Cooperation to Violence and War in Yugoslavia,” pp. 119–150. In Daniel Chirot and E. P. Martin Seligman (Eds.) Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. Oberschall, professor of Sociology at the University of North Carolina at Chapel Hill, begins by examining four explanations for ethnic violence (the “primordial”; the “instrumentalist”; the “constructionist”; and “state breakdown, anarchy and the security dilemma”). Continuing, he discusses the following: “Prijedor: A Case Study”; whether theories can account for what happened in Prijedor; the move from latent to populist nationalism; the crisis that arose when the nationalists won the 1990 elections; the dissemination of hate and propaganda through the mass media; if that which took place constituted state breakdown or state repression; the take-over by the militia; and how the extremists eliminated the moderates.
667.
O’Leary, Brendan (2001). “Nationalism and Ethnicity: Research Agendas on Theories of Their Sources and Their Regulation,” pp. 37–48. In Daniel Chirot and E. P. Martin Seligman (Eds.) Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. O’Leary, professor of Government at the London School of Political Science and Economics, discusses, among other issues, the following: the place of nationalism in world-time, the basis of the appeal of nationalism, whether the salience of nationalism is variable across elites and masses, the strength of nationalism and its ramifications, and issues pertaining to the strength of nationalism.
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Organization of African Unity (OAU) (2001). “International Panel of Eminent Personalities (IDEP): Report on the 1994 Genocide in Rwanda and Surrounding Events (Selected Sections).” International Legal Materials, 40:140–235. In the abstract accompanying this report, it is stated that The Organization of African Unity (OAU) formed the International Panel of Eminent Personalities [Panel] to investigate the Rwandan genocide and to contribute to the prevention of further conflicts in the region. The Panel endorsed the finding of the earlier Carlsson Inquiry report that “the U.N.’s Rwandan failure was systemic and due to a lack of political will” (p. 140). The Panel found that “[j]ust about every mistake that could be made was made” (p. 140). The Panel found that the U.N. did not perceive the U.N. Assistance Mission to Rwanda (UNAMIR) as a particularly difficult mission, and so did not provide UNAMIR with an adequate force or mandate. The Panel also argued that the U.N. had compromised its integrity by maintaining “insistent and utterly wrong-headed neutrality regarding the genocidaires.” (p. 140) . . . The Panel called for a substantial re-examination of the 1948 Genocide Convention with attention to, interalia: 1. the definition of genocide; 2. a mechanism to prevent genocide; and 3. the legal obligation of states when genocide is declared. The Panel also proposed the institution of a special Rapporteur for the Genocide Convention, within the office of the U.N. High Commissioner for Human Rights, to provide the U.N. Secretary-General and Security Council with pertinent information concerning situations that are at risk for genocide. (p. 140)
The report is comprised of the following: “Executive Summary”; “Introduction”; 1. “Genocide and the 20th Century”; 2. “The Roots of the Crisis to 1959”; 3. “The First Republic: 1959-1973”; 4. “Habyrimana’s Regime: 1973-Late 1980s”; 5. “Economic Destabilization After 1985”; 6. “The 1990 Invasion”; 7. “The Road to Genocide: 1990-1993”; 8. “The Arusha Peace Process”; 9. “The Eve of the Genocide: What the World Knew”; 10. “The Preventable Genocide: What the World Could Have Done”; 11. “Before the Genocide: The Role of the OAU”; 12. “Before the Genocide: France and the United States”; 13. “Before the Genocide: The Role of the United Nations”; 14. “The Genocide”; 15. “The World During the Genocide: The United Nations, Belgium, France, and the OAU”; 16. “The Plight of Women and Children”; 17. “After the Genocide”; 18. “Justice and Reconciliation”; 19. “The Kivu Refugee Camps”; 20. “The Region After Genocide”; 21. “The Role of the OAU Since the Genocide”; 22. “The RPF and Human Rights”; 23. “Rwanda Today”; and 24. “Recommendations.” 669.
Peck, Connie (1998). Sustainable Peace: The Role of the UN and Regional Organizations in Preventing Conflict. Lanham, MD: Rowman & Littlefield Publishers. 296 pp.
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In his foreword, David A. Hamburg, co-chair of the Carnegie Commission on Preventing Deadly Conflict, notes that “This book seeks an integrative agenda for preventing deadly conflict by fostering a dynamic interplay between theory and practice. It delineates effective preventive diplomacy to keep disputes from turning into violent conflict and backs this up with a long-term approach to tackle the structural causes of conflict and the development of institutions to promote just solutions to underlying problems. It illuminates the fact that the most secure states are those that provide the greatest human security to their populations” (p. xiii). The book is comprised of the following parts and chapters: Part One: Contemporary Conflict and Sustainable Peace (1. “The Second Half of the Twentieth Century”; 2. “The Goal of Sustainable Peace”; 3. “Diagnosing Contemporary Conflict”; 4. “Finding Structural Solutions to Conflict”); Part Two: The Role of UN, Regional Organizations, and NGOs in Promoting Sustainable Peace (5. “The United Nations”; 6. “The Council of Europe”; 7. “The Organization for Security and Cooperation in Europe”; 8. “The Organization of American States”; 9, “The Organization of African Unity”; 10. “The Association of Southeast Asian Nations”; 11. “The Developing Role of Nongovernmental Organizations”); and Part Three: Organizing for Sustainable Peace (12. “Sharing Responsibility in Conflict Prevention”; 13. “Regional Centers for Sustainable Peace”; and 14. “The First Half of the Twenty-First Century: Promoting Good Governance Regionally and Internationally”). 670.
Peck, Connie (1996).The United Nations as a Dispute Settlement System: Improving Mechanisms for the Prevention and Resolution of Conflict. Boston: Kluwer Law International. 301 pp. The thirteen chapters of this book are as follows: I. “The Effect of the Cold War on the UN’s Ability to Prevent and Settle Conflict”; II. “The UN as a Dispute Settlement System”; III. “The Entrapping Nature of Conflict Escalation”; IV. “The Nature of Intra-State Conflict”; V. “Peacebuilding Within States”; VI. “Peacebuilding by International Organizations”; VII. “Preventive Diplomacy: Past and Current Practices”; VIII. “Strengthening the UN’s Interests-Based Approach Through the Development of UN Conflict Prevention and Resolutions Centers”; IX. “Strengthening the UN’s Rights-Based Approach”; X. “Strengthening the UN’s Rights-Based Approach to Human Rights Problems Within States”; XI. “Strengthening the UN’s Power-Based Approach”; XII. “Giving the UN the Resources It Needs to Become a More Effective System”; and XIII. “Strengthening the UN as a Dispute Settlement System.”
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Pesic, Vesna (1996). Serbian Nationalism and the Origins of the Yugoslav Crisis. Washington, D.C.: United States Institute of Peace. 41 pp. Written by Vesna Pesic, a noted advocate for peace and democracy in the Balkans, this booklet is comprised of the following chapters: 1. “Explaining Nationalism in Yugoslavia”; 2. “Integrative Problems: Interwar Yugoslavia and the Major National Ideologies”; 3. “Ethno-National Federalism Under Communist Rule”; 4. “The Role of Serbian Ressentiment”; 5. “The Breakdown of Communism: Collapse and War”; and 6. “Conclusions.”
672.
Petersen, Roger D. (2003). Understanding Ethnic Violence: Fear, Hatred, and Resentment in Twentieth-Century Eastern Europe. New York: Cambridge University Press. 298 pp. Asserting that emotion is a major contributor to ethnic violence, the author explores and delineates the role of emotion (fear, hatred, rage, and resentment) played out in the Baltic states (1905 through the early 2000s), Czechoslovakia (1848–1998), and Yugoslavia (the 1990s). He argues that neither fear nor rage is the dominate factor but that rather it is resentment over perceived inequities that drove the conflict.
673.
Pfaltzgraff Jr., Robert L., and Shultz, Fr., Richard H. (Eds.) (1994). Ethnic Conflict and Regional Instability: Implications for U.S. Policy and Army Roles and Missions. Washington, D.C: Government Printing Office. 355 pp. Key chapters on the cause of violent conflict are: “Dimensions of the PostCold War World” by Dr. Robert L. Pfaltzgraff, Jr.; “Global Assessment of Current and Future Trends in Ethnic and Religious Conflict” by Brigadier General Trent N. Thomas; “Factors Causing the Proliferation of Ethnic and Religious Conflict” by Dr. Sugata Bose; “Ethnicity as Explanation, Ethnicity as Excuse” by Dr. Paul A. Goble; and “The Role of External Forces in Supporting Ethno-Religious Conflict” by Dr. David C. Rapport.
674.
Prendergast, John, and Smock, David (1999). Postgenocidal Reconciliation: Building Peace in Rwanda and Burundi. Washington, D.C. United States Institute of Peace. 15 pp. This report, based on a fact-finding mission to the Great Lakes area in July 1999, “examines the state of affairs in Rwanda and Burundi, the impact of these countries on the region, the region’s effect on them, and ways to advance political and economic participation and the rule of law” (p. 2). The pamphlet is comprised of the following sections: “The Status of Insurgencies in Rwanda and Burundi”; “Addressing the Roots of Regional Conflict” (The Friends of Peace in the Congo; The International Coalition
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Against Genocide (ICAG)); “Encouraging Peace and Reconciliation Processes”; “Democratic Institution Building”; “Human Rights Promotion”; “Economic Peace Building”; and “Security Enhancement.” 675.
Prunier, Gérard (2001) “Genocide in Rwanda,” pp. 109–116. In Daniel Chirot, and E. P. Martin Seligman (Eds.) Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. Prunier, a researcher with the Centre National de la Recherche Scientifique in Paris, discusses the (1) the Hutu and Tutsi peoples and how they relate to the nation state in Rwanda; (2) the monoethnic state that existed from 1959 and 1963 to 1994; and (3) the war that began in 1990 and “how it coalesced old problems and, to some degree, how foreign intervention made things worse” (p. 109).
676.
Ramet, Sabrina Petra (1999). Balkan Babel: The Disintegration of Yugoslavia from the Death of Tito to the War for Kosovo. Boulder, CO: Westview Press. 374 pp. Ramet traces the steady deterioration of Yugoslavia’s political and social fabric in the years since 1980, arguing that whatever the complications entailed in the national question, the final crisis was triggered by economic deterioration, shaped by the federal system itself, and pushed toward war by Serbian politicians bent on power—either with a centralized Yugoslavia or within an “ethnically cleansed” greater Serbia.
677.
Roberts, Adam (1995). “Communal Conflict as a Challenge to International Organizations : The Case of Former Yugoslavia.” Review of International Studies, 21(4):389–410. In his introduction, Roberts, Montague Burton Professor of International Relations at Oxford University, states that This short survey of communal conflict in general and former Yugoslavia in particular focuses on the challenges posed to international organizations, mainly, the United Nations. It glances at the language that is used in connection with such conflict; outlines a few different national and intellectual perspectives; and draws attention to the special problems posed by the collapse of the communist federations of Yugoslavia and the Soviet Union. It then considers some of the U.N.’s techniques for addressing this type of conflict, and concludes with an examination of their strengths and weaknesses. (p. 390)
678.
Robinson, Mary (1999). “Genocide, War Crimes, Crimes Against Humanity.” Fordham International Law Journal, 23(2):275–285.
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In this address to the Fordham University School of Law, Robinson, the United Nations High Commissioner for Human Rights, suggests a number of areas where action could be taken to attempt to halt the widespread perpetration of atrocities across the globe. Among those she suggests are: national judicial authorities must take “the position that grave human rights violations must be accounted for, irrespective of the amount of time that may have elapsed or the standing of the individual concerned” (p. 277); individuals, governments, and peoples need to rally behind the Geneva Conventions (p. 281); governments and international bodies “need to step up the level of preventive actions. There must be an end to the pattern where intervention by armed forces stops atrocities only after the fact” (p. 283); and an all out effort to address the “root causes of conflict” and “to deliver all human rights to all people” (p. 283). 679.
Rotberg, Robert I. (Ed.) (1996). Vigilance and Vengeance: NGOs Preventing Ethnic Conflict in Divided Societies. Washington, D.C. Cambridge, MA: Brookings Institution Press and the World Peace Foundations, respectively. 277 pp. The book is comprised of the following parts and chapters: International Preventive Action (“Introduction” by Emily MacFarquhar, Robert I Rotberg, and Martha A. Chen; 1. “International Preventive Action: Developing a Strategic Framework” by Kalypso Nicolaïdis); Guatemala (2. “The Search for Peace and Justice in Guatemala: NGOs, Early Warning, and Preventive Diplomacy” by Tom Lent; 3. “Guatemalan Indigenous NGOs and Their Capacity for Early Warning” by Rachel M. McCleary); Macedonia (4. “International NGOs in Preventive Diplomacy and Early Warning: Macedonia” by Eran Fraenkel; 5. “NGOs, Early Warning, and Preventive Action: Macedonia” by Violeta Petroska Beska); Sri Lanka (6. “Sri Lanka’s Ethnic Conflict and Preventive Action: The Role of NGOs” by Neelan Tiruchelvam); Nigeria (7. “Before ‘Things Fall Apart’ in Nigeria: The Role of Non-Governmental Human Rights Organizations in Conflict Prevention” by Melissa E. Crow and Clement Nwankwo); The Sudan (8. “Sovereignty and Humanitarian Responsibility: A Challenge for NGOs in Africa and the Sudan” by Francis M. Deng); Rwanda (9. “Making Noise Effectively: Lessons from the Rwandan Catastrophe” by Alison L. Des Forges); Burundi (10. “Humanitarian Assistance and Conflict Prevention in Burundi” by Richard A. Sollom and Darren Kew); and NGOs, Early Action, and Preventive Diplomacy (11. “Conclusion: NGOs, Early Warning, Early Action, and Preventive Diplomacy” by Robert I. Rotberg).
680.
Rotberg, Robert I. (Ed.) (2004). When States Fail: Causes and Consequences. Princeton, NJ: Princeton University Press. 336 pp.
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This book is comprised of the following parts and chapters: 1. “The Failure and Collapse of Nation-States: Breakdown, Prevention, and Repair” by Robert I. Rotberg; Part One: The Causes and Prevention of Failure (2. “Domestic Anarchy, Security Dilemmas, and Violent Predation: Causes of Failure” by Nelson Kasfir; 3. “The Global-Local Politics of State Decay” by Christopher Clapham; 4. “The Economic Correlates of State Failure: Taxes, Foreign Aid, and Policies” by Nicolas van de Walle; 5. “The Deadly Connection: Paramilitary Bands, Small Arms Diffusion, and State Failure” by Michael T. Klare; 6. “Preventing State Failure” by David Carment); and Part Two: Post-Failure Resuscitation of Nation-States (7. “Forming States after Failure” by Jens Meierhenrich; 8. “Disarmament, Demobilization, and Reintegration: Lessons and Liabilities in Reconstruction” by Nat J. Colletta, Markus Kostner, and Ingo Wiederhofer; 9. “Establishing the Rule of Law” by Susan Rose-Ackerman; 10. “Building Effective Trust in the Aftermath of Severe Conflict” by Jennifer A. Widner; 11. “Civil Society and the Reconstruction of Failed States” by Daniel N. Posner; 12. “Restoring Economic Functioning in Failed States” by Donald R. Snodgrass; 13. “Transforming the Institutions of War: Postconflict Elections and the Reconstruction of Failed States” by Terrence Lyons; and 14. “Let Them Fail: State Failure in Theory and Practice: Implications for Policy” by Jeffrey Herbst). 681.
Rupesinghe, Kumar with Sanam Naraghi Anderlini (1998). Civil Wars, Civil Peace: An Introduction to Conflict Resolution. London: Pluto Press. 179 pp. In this book, Kumar Rupesinghe, secretary general of International Alert, a noted non-governmental organization working in the area of conflict resolution, presents a radical new approach to conflict prevention, resolution, and diplomacy. In doing so, he provides an overview of conflict in the post-cold war world, covering key topics such as identifying and assessing early warnings of conflict, and the need to take early action, information gathering and analysis, and the need for preventive diplomacy. In particular, the role of non-governmental organizations and other third party mediators in conflict resolution is considered. The book is comprised of the following five parts (select subtopics are highlighted herein that are most germane to the issues of the intervention and prevention of genocide): 1. “Beyond the Cold War” (The Resurgence of Religion; Poverty, Expectations and Structural Adjustment; The Proliferation of Weapons and the Privatization of Security; A Step into the Past: The United Nations and the Prevention of War; Boutros Boutros-Ghali’s Agenda for Peace; The Cost of Failure); 2. “Characteristics of Internal Conflicts” (When Does a Conflict Turn into a War? From Social Grievances to Armed Conflict; Asymmetrical Power Relations; A Typology of Conflict;
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The Intractable Nature of Internal Conflicts); 3. “From Early Warning to Early Action” (The Continuum of Conflict; Sounding the Alarm—Devising a System for Early Warning; Information Gathering; Information Analysis; Responding Appropriately; Reasons for Failure—Lessons from Early Warning Systems; Generating Early Action; Taking Action; A Range of Options; Skeptics and Critics); 4. “The Diplomacy Continuum” (Pitched into a New Era—The UN’s Recent Developments; What Alternatives Exist?—Non State Actors; Basic Observations on Third Party Intervention; Burden-Sharing; Multi-Track Diplomacy; Third Party NGO Intervention—The Decision to Engage Complementary Initiatives Through Conflict Phases; Evaluations and Effectiveness); and 5. “Ending Warfare, Creating Accountability” (Strategies for War Termination; Generating Accountability; Waging War: The Less Attractive Alternative). 682.
Saideman, Stephen M. (1998). “Is Pandora’s Box Half Empty or Half Full? The Limited Virulence of Secessionism and the Domestic Sources of Disintegration,” pp. 127–150. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. In his introduction, Saideman, professor of Political Science at Texas Tech University, writes: Does secession spread? If so, can it be contained? These two questions must be addressed to understand the challenges posed by ethnic divisions within and between states today, as secessionist conflicts have perhaps been the most controversial and internationalized form of ethnic conflict. The coincidence of the disintegrations of the Soviet, Yugoslav, and Czechoslovak federations suggests that secession spreads with potentially nasty consequences. Further, there seems to be more secessionism today than ever before. Consequently, we need to comprehend the processes through which separatism within a particular state may or may not spread, causing conflicts within and between states. The heart of the argument here will be that secessionism is less likely to spread between states than previously thought, though it may spread quite rapidly within a state, as the events and institutions within states’ boundaries greatly shape the incentives of politicians and the fears of ethnic groups. . . . An alternative approach to this question is presented here, focusing on two interacting domestic processes that further separatism: the use of ethnic identities by politicians to gain and maintain power, and the ethnically defined security dilemmas faced by politicians’ constituents. Although this interaction between ethnic politics and ethnic security dilemmas can be applied to ethnic conflict in general, the focus here is on ethnic secessionist movements for three reasons: first, this article is responding to the conventional wisdom concerning contagion which, in turn, focuses on the threat of ethnically driven secessionism; second, the disintegration of the three states in question was the result of ethnic secessionist movements, not just ethnic conflict in general; and third,
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focusing on a single form of ethnic conflict, secession, may help to isolate key dynamics that can then be applied to other forms of ethnic conflict. This chapter isolates and compares some of the crucial events and dynamics driving the Yugoslav, Soviet, and Czechoslovak disintegrations. This study indicates that the contagion at work was not secessionism but the processes spawned by the end of the Cold War—democratization and economic transition—and their impact upon the interests of politicians and the fears of their constituents. (pp. 127–128)
The chapter is comprised of the following sections: Do Ethnic Dominoes Fall?; Ethnic Politics; The Individual Pursuit of Power and the Collective Search for Security (Ethnic Politics, Ethnic Security Dilemmas, Interaction Between Ethnic Politics and Ethnic Insecurity); Is Separatism Contagious in Eastern Europe? (The Worst Case Scenario: Yugoslavia; Sudden Disintegration: The Soviet Union; The Velvet Breakup: Czechoslovakia; Comparative Disintegration); and Conclusion: Good News and Bad News. 683.
Säve-Söderbergh, Bengt, and Lennartsson, Izumi Nakamitsu (2002). “Electoral Assistance and Democratization,” pp. 357–377. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. In this chapter, the authors (Säve-Söderbergh, secretary general of the International Institute for Democratic and Electoral Assistance; and Lennartsson, chef de cabinet at the International Institute for Democratic and Electoral Assistance) examine the significance of democratic institutions and processes in managing conflict and demonstrate the usefulness of democratization assistance as an instrument for the prevention of violent conflict. The essay is comprised of the following sections: Root Causes and Structural Sources of Contemporary Violent Conflict; Emerging Linkage Between Peace, Development, and Democratization: The Reality of UN Missions; Key Challenges of Democratization Assistance in Conflict Prevention; and Designing and Supporting Democratic Institutions as Conflict Management Instruments.
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Scheffer, David J. (1998). “U.N. Engagement in Ethnic Conflict,” pp. 147–177. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. Scheffer, U.S. ambassador at large for war crimes issues, notes that This chapter examines how the United Nations engages in ethnic conflicts. Conventional wisdom assumes that U.N. engagement is limited to often ineffective peacekeeping operations in strife-torn countries. In reality, however, peacekeeping is only one of a wide range of tools the United Nations employs to varying effect in its efforts to manage ethnic conflicts. The law and practice
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of the United Nations in this area have evolved at an accelerating pace during the 1990s . . . [P]opulation growth, refugee flows, trade in conventional arms, the collapse of cold war discipline imposed by the superpowers, and the pursuit of power by local warlords for personal, nonideological gain have combined to create societies within which ethnic tensions—often already fueled by traditional interethnic bigotry—explode in ways that demand international attention. I have chosen to focus broadly on how the United Nations engages in ethnic conflicts, beginning in part I with the goals of U.N. engagement. These goals include containment of ethnic conflicts, support for self-determination, promotion of democracy, and institution building. The legal basis for the pursuit of these goals, particularly by the Security Council, is examined in Part II. Central to this analysis is the legal authority for peaceful measures (primarily under Chapter VI of the U.N. Charter), the legal authority for coercive measures (under Chapter VII or VIII of the Charter), and the legal authority for norm elaboration and quasi-judicial pronouncements (such as by the General Assembly or Economic and Social Council). Such legal authority has itself evolved in recent years to reveal the U.N. Charter as a living document that can be applied effectively, at least in theory and sometimes in practice, to contemporary challenges. Part II of this chapter examines the means by which the United Nations seeks to implement its policy goals. In particular, Part III discusses seven modes of engagement in ethnic conflicts: hortatory actions, diplomatic intervention, sanctions, military and humanitarian interventions, implementation of peace agreements, and international judicial intervention. In the conclusion, this chapter will discuss both the strengths and weaknesses of U.N. approaches to ethnic conflicts. (p. 147)
685.
Scherrer, Christian P. (2002). Structural Prevention of Ethnic Violence. New York: Palgrave Macmillan. 328 pp. Written by a senior researcher in conflict and peace studies, who is also a professor at the Hiroshima Peace Institute in Hiroshima City University, Japan, this book is comprised of the following chapters: “Introduction: Ethnos, Nations, Ethno-nationalism and Conflict”; 1. “Contemporary Mass Violence”; 2. “Approaches to Identifying and Dealing with Violent Conflicts”; 3. “Peaceful Conflict Settlement, Go-between Facilitation and the Timing of Responses to Conflict”; 4. “Autonomy, Free Association and Self-governance”; 5. “Nationality Policy as Violence Prevention: A Brief Comparison of Large States”; 6. “The Imperative of Genocide Prevention and Elimination”; and “Summary and Conclusions.” Speaking of the focus of the book, Scherrer writes: The global trend to “ethnic,” ethnicized and ethno-nationalist conflicts has increased over the last decades. But ethnicity cannot serve either as a rationale or as a fig-leaf to be used when other interpretations fail. Ethnic violence is a response to difficult, protracted crises. The question of what drives it leads
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on to the question of the nature of ethnicity itself and of what constitutes the ethnic basis of nations.Responses to conflict can only be effective if informed by a comprehensive understanding of contemporary mass violence. Starting from this base, the study addressees the themes of prevention, management and transformation of “ethnic” intra-state conflicts. The main topics are responses to conflict such as constructive approaches to dealing with violent conflicts, peaceful conflict settlement and the question of the timing of response, autonomy arrangements, collective rights, self-governance, nationality policies and federal arrangements. The political-cum-humanitarian concern is to ensure that all possible means of avoiding violent forms of interaction in a multi-ethnic setting are strengthened and made more attractive. This leads on to the question of how ethnic or cultural difference is to be understood and acknowledged. (p. 230)
686.
Schmalberger, Thomas, and Alker, Hayward R. (2001). “Exploring Alternative Conflict Trajectories with the CEWS Explorer,” pp. 354–394. In Hayward R. Alker, Ted Robert Gurr, and Kumar Rupesinghe (Eds.) Journeys Through Conflict: Narratives and Lessons. Lanham, MD: Rowman & Littlefield Publishers. In their introduction to this chapter, the authors note the following: The rationale of our research on potentially violent intergroup conflict is to better understand past conflicts in order to prevent future violence and to abate or terminate current violence. The underlying assumption of these efforts is that violent situations are not the predetermined outcome of forces beyond the control of the relevant actors in those situations. It is rather the interaction between these actors that makes the escalation of conflicts possible, and consequently avoidable. Conflict early warning research is precisely concerned with identifying indicators for when a situation can possibly turn more violent, and if a conflict with the possibility of violence has already erupted, when a further escalation can possibly occur. Conflict mediation, management and resolution, on the other hand, are concerned with designing strategies to avoid those possibilities, and to seize those opportunities that can abate or resolve such a conflict. Hence, an intrinsic component of conflict research is the identification, assessment, and exploration of possibilities, and thus, counterfactual analysis. . . . [A]s Max Weber explained, any claim about the importance of a particular event involves counter-factual claims stating that under different conditions this event would not have occurred (Weber 1949). . . . However, the problem that scholars face is to assess the validity of counterfactual arguments, that is, to determine the conditions under which some claims are to be considered possible while others are not . . . . . . We will begin with a discussion of what the study of possibilities entails. In a second step, we will apply the results of this discussion to the integrative framework developed in Chapter 11. [Editor’s note: An annotation of Chapter 11 is included under the section of the bibliography entitled “Prevention.”]
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We will argue that this framework lends itself for a systematic exploration of possibilities, and we will illustrate, with the twenty cases of the CEWS project, how a set of rules can be formulated whose application produces empirically grounded counterfactual scenarios. In a third step, we will discuss, and illustrate, how these rules can be built into a computer simulation that allows one to generate scenarios of alternative pasts and futures that inform further analysis as well as policy making. (pp. 354, 355)
687.
Shawcross, William (2000). Deliver Us From Evil: Peacekeepers, Warlords and a World of Endless Conflict. New York: Simon & Schuster. 447 pp. Shawcross, a noted British journalist, focuses on the many violent conflicts that erupted across the globe in the 1990s (e.g., in Rwanda, Bosnia, East Timor, Somalia), and some of the many problems inherent in the interventions (e.g., the half-hearted international response to various violent eruptions, including genocide; the limited focus of many interventions; the lack of agreement vis-à-vis the mission’s mandate amongst and between various branches of the same states and organizations—not to mention various states; the breakdown in communication between and amongst the various parties involved; the cultural differences between the various parties involved (e.g., the intervenors, the perpetrators, and/or the victims); the problem of double standards on the behalf of intervenors in addressing human rights infractions in different parts of the world; the Clinton administrations’ words and promises versus its actual policies and actions; and the vacuity of moral rhetoric followed by inaction). Among the chapters in this book most germane to the prevention and intervention of genocide are: “From Pnom Penh to Sarajevo,” “Remaking Cambodia,” “Crossing the Mogadishu Line,” “Genocide in Our Time,” “Bosnian Endgame,” “Cultures of Impunity,” “Uniting Nations,” “Into Africa,” and “From Kosovo to East Timor.”
688.
Shehadi, Kamal S. (1993). “Ethnic Self-Determination and the Break-Up of States.” Adelphi Paper 283, December. London: Brassey’s Ltd. for The International Institute for Strategic Studies. 90 pp. This booklet is divided into four main sections: 1. “The International Context of Self-Determination”; II. “Self-Determination Conflicts”; III. “The Security Implications of Self-Determination”; and IV. “Meeting the Challenges of Ethnic Self-Determination.”
689.
Sisk, Timothy (1996). Power Sharing and International Mediation in Ethnic Conflict. Washington, D.C.: U.S. Institute of Peace. 143 pp. Sisk discusses ways in which political systems where full democracy is not feasible can be stabilized. More specifically, he delineates how power-shar-
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ing arrangements lie on a spectrum between those approaches that accept existing communities and their leaders as givens, and those that attempt to create new institutions and cooperative bodies that cross communal lines. He further makes the key point that the international community is, more often than not, wont to place a heavy emphasis on elections based on simple majority rule without first having established open-sharing agreements. He argues that bereft of the latter, ethnic conflicts can actually be exacerbated. 690.
Sislin, John, and Pearson, Frederic S. (2001). Arms and Ethnic Conflict. Lanham, MD: Rowman & Littlefield Publishers. 204 pp. Sislin, research associate at the Center for International Development and Conflict Management at the University of Maryland, and Pearson, director of the Center for Peace and Conflict Studies on Mediating Theory and Democratic Systems at Wayne State University, examine the ways in which weapons impact the onset, course, and outcomes of ethnic conflict. The book is comprised of the following chapters: 1. “Arms and Ethnic Conflict”; 2. “The Diffusion of Arms”; 3. “Arms and the Onset of Ethnic Conflict”; 4. “Arms and the Progression of Ethnic Conflict”; and 5. “Arms and Efforts to Resolve Ethnic Conflict.”
691.
Smock, David R. (Ed.) (1997). Creative Approaches to Conflict in Africa: Findings from USIP-Funded Projects. Washington, D.C.: United States Institute of Peace. 31 pp. Chapter 2 of this booklet (“NGOs Engaged in Preventive Action,” pp. 5–7) highlights, in part, the Burundi Policy Forum—established in 1995 by four organizations (the Center for Preventive Action of the Council on Foreign Relations, Search for Common Ground, Refugees International, and the African-American Institute) with funding from the U.S. Peace Institute to address the growing crisis in Burundi. More specifically, it was formed to coordinate the NGOs working in Burundi (on such issues as (1) providing humanitarian assistance to refugees from Rwanda in Burundi and to displaced persons within Burundi; (2) offering conflict resolution training in Burundi; (3) civil-military relations; (4) democratization; (5) human rights and other activities) as well as to coordinate their efforts with the U.S. government and the UN Security Council’s Special Representative in Bujumbura.
692.
Snyder, Jack (2000). From Voting to Violence: Democratization and Nationalist Conflict. New York: W. W. Norton. 320 pp. Snyder argues that unlike solidly established democracies, those states in the process of becoming democracies possess few, if any, bodies such as a
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strong and free press, nationwide electoral commissions, or those capable of mediating political conduct. He further argues that the latter can result in dysfunctional behavior such as internecine fighting, demagoguery, extreme nationalism, scapegoating, ostracism, and the perpetration of various punitive actions against minority groups. Snyder presents his arguments via case studies, including the Balkans and Rwanda of the 1990s. 693.
Staub, Ervin (2001). “Ethnopolitical and Other Group Violence: Origins and Prevention,” pp. 289–304. In Daniel Chirot, and E. P. Martin Seligman (Eds.) Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. Staub, professor of Psychology at the University of Massachusetts in Amherst, discusses the following herein: the origins of mass violence (the evolution of violence; cultural characteristics; followers and leaders; fear, panic, and their evolution; the role of bystanders); halting and preventing group violence (bystander actions; healing and reconciliation; and contact, dialogue, conflict resolution, and reconciliation); culture changes and democratization; and the issue of “when instigation does not result in mass murder.”
694.
Stedman, Stephen J. (1999). International Actors and Internal Conflicts. New York: Project on World Security, Rockefeller Brothers Fund. 31 pp. This report, by a senior research scholar at the Center for International Security and Cooperation at Stanford University, presents a survey of the recent literature on the role of international actors (states, international organizations, regional organizations, and non-governmental organizations) in international conflicts. In doing so, it addresses such issues and activities as conflict exacerbation, preventive action, intervention, mediation, peacekeeping and peace enforcement, the implementation of peace agreements, and structural mediation.
695.
Stewart, Frances (2002). “Horizontal Inequalities as a Source of Conflict,” pp. 105–136. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. Stewart, director of the International Development Centre and fellow of Somerville College at the University of Oxford, argues that horizontal inequalities (e.g., inequality in political, economic, and/or social conditions among culturally and/or geographically distinct groups) are one of the major causes of conflict. In her introduction she states that “the aim [of this chapter] is to suggest how introducing crisis prevention into policymaking
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would alter the normal design of policy for low-income countries. Among the many conflicts she mentions are Iraq’s “suppression” of the Kurds, the 1994 genocide in Rwanda, and the ongoing killings in Burundi. 696.
Swedish Ministry of Foreign Affairs (1999). Preventing Violent Conflict: A Swedish Action Plan. Stockholm: Author. 24 pp. This report analyzes and delineates various methods and plans for implementing peaceful management of violent conflicts, and suggests ways in which “middle nations,” neither superpowers nor impoverished nations, can help attempt to prevent violent conflict.
697.
Szayna, Thomas S. (Ed.) (2000). Identifying Potential Ethnic Conflict: Application of a Process Model. Santa Monica, CA: RAND. 329 pp. The contributors to this book outline “a theoretical model for anticipating the occurrence of communitarian and ethnic conflict. In his preface, the editor notes the following: The intended audience for this report is the intelligence community, though analysts and scholars involved in conflict prevention should also find it useful. The model is not a mechanistic tool, but a process-based heuristic device with a threefold purpose: (1) to order the analyst’s thinking about the logic and dynamics of potential ethnically based violence and to aid in defining the information-collection requirements of such an analysis; (2) to provide a general conceptual framework about how ethnic grievances form and group mobilization occurs and how these could lead to violence under certain conditions; and (3) to assist the intelligence community with the long-range assessment of possible ethnic strife. The framework presented here is not meant to substitute for the knowledge, reasoning, or judgment of intelligent analysts. It is simply a tool to help order and organize the information and identify information gaps (p. iii).
The first three chapters are most germane to issues relating to the cause(s) of potential violent conflict and the prevention and intervention of genocide: 1. “Introduction” (The Context, The Model, Assumptions and Considerations); 2. “The Process for Anticipating Ethnic Conflict”; and 3. “The Yugoslav Retrospective Case.” 698.
Tainter, Joseph A. (1998). “Competition, Expansion, and Reaction: The Foundations of Contemporary Conflict,” pp. 174–193. In Michael N. Dobkowski and Isidor Wallimann (Eds.) The Coming Age of Scarcity: Preventing Mass Death and Genocide in the Twenty-First Century. Syracuse, NY: Syracuse University Press. In his introduction, Tainter, who has taught anthropology at the University of New Mexico, states that
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The purpose of this chapter is to clarify the historical reasons behind today’s culturally defined conflicts. Those conflicts can be understood in the historical context of competition among European nations, their global expansion and colonization, and the reactions of much of the world to Euroamerican domination. Politicians, diplomats, and international workers, who confront today’s disintegration and violence, are working with a great handicap if they do not understand the origins of these problems or their reactive nature. Historical processes have shaped contemporary violence and must be understood to comprehend that violence. (pp. 175–176)
The essay is comprised of the following sections: The Social Environment and Reactive Process; Peer Polity Competition in European History; Global Consequences of European Wars; Patterns of Reaction to Global European Expansion; and Synthesis and Implications: The Historical Foundations of Contemporary Violence. 699.
Totten, Samuel, and Markusen, Eric (in press). “Darfur, genocide in.” Encyclopedia of Conflict. New York: Sharpe Publishers. The authors, both of whom served on the U.S. State Department’s Darfur Atrocities Documentation Team (ADT), discuss the causes and results of the genocidal conflict in Darfur, Sudan, in 2003–2005. In doing so, they also discuss the focus and findings of the ADT, whose findings U.S. Secretary of State Colin Powell used to make the decision that genocide had been perpetrated in Darfur by Government of Sudan troops and the Janjaweed (Arab militia).
700.
Totten, Samuel, and Markusen, Eric (Eds.) (2006). Genocide in Darfur: Investigating Atrocities in the Sudan. New York: Routledge. This collection of essays by U.S. governmental officials, non-governmental organization officials (NGOs), genocide scholars, among others, delineates the genesis and evolution of the U.S. State Department-sponsored Darfur Atrocities Documentation Project. The latter involved sending twenty-four investigators to nineteen refugee camps in Chad in July/August 2004, to interview refugees from Darfur, Sudan, for the express purpose of collecting data in order to ascertain whether genocide either had been and/or was being perpetrated in Darfur. Ultimately, based on the analysis of the data collected, U.S. Secretary of State Colin Powell declared, in September 2004, that genocide had been perpetrated by the Government of Sudan troops and the Janjaweed (Arab militia). Several chapters delineate the roots and cause of the initial conflict as well as that which ignited the genocidal activity.
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701.
Totten, Samuel; Parsons, William S.; and Charny, Israel W. (2004). Century of Genocide: Critical Essays and Eyewitness Accounts. New York: Routledge. 507 pp. Sixteen of the chapters herein discuss, in part, the causes that resulted in genocidal activity: 1. “Genocide of the Hereros” by Jon Bridgman and Leslie J. Worley; 2. “The Armenian Genocide” by Rouben Paul Adalian; 3 “Soviet Man-Made Famine In Ukraine” by James E. Mace”; 4. “Holocaust: The Genocide of the Jews” by Donald L. Niewyk; 5. “Holocaust: The Gypsies” by Sybil Milton; 6. “Holocaust: The Genocide of Disabled Peoples” by Hugh Gregory Gallagher; 7. “The Indonesian Massacres” by Robert Cribb; 8. “Genocide in East Timor” by James Dunn; 9. “Genocide in Bangladesh” by Rounaq Jahan; 10. “The Burundi Genocide” by René Lemarchand; 11. “The Cambodian Genocide—1975–1979” by Ben Kiernan; 12. “The Anfal Operations in Iraqi Kurdistan” by Michiel Leezenberg; 13. “The Rwanda Genocide” by Rene Lemarchand; 14. “Genocide in Bosnia and Herzegovina” by Martin Mennecke and Eric Markusen; 15. “Genocide in Kosovo? by Martin Mennecke; and 16. “Out of that Darkness: Responding to Genocide [in Darfur] in the 21st Century” by Jerry Fowler.
702.
United Nations High Commissioner for Refugees (1995). The State of the World’s Refugees: In Search of Solutions. Oxford: Oxford University Press. 264 pp. The authors of this book examine the successive massive refugee movements and humanitarian emergencies during the early 1990s. In doing so, they examine the origins of the refugee crises, and discuss the changes that have been developed in dealing with such crises since the end of the cold war.
703.
Van den Berghe, Pierre L. (1990). State Violence and Ethnicity. Niwot, CO: University Press of Colorado. 300 pp. Among the chapters in this book that are germane to the cause(s) of violent conflict and genocide are the following: “The Genocidal State: An Overview” by Leo Kuper; “Genocide by Famine: Ukraine in 1932–1933” by James E. Mace; and “Burundi: Ethnicity and the Genocidal State” by René Lemarchand.
704.
Väyrynen, Raimo (1996). The Age of Humanitarian Emergencies. Helsinki, Finland: The United Nations University World Institute for Development Economics Research (UNU/WIDER). 60 pp. In the foreword to this booklet, Giovanni Andrea Cornia, Director of UNU/ WIDER, notes the following: This study is part of UNU/WIDER’s effort to analyze the meaning and causes of [major humanitarian crises]. The paper is part of a research project on the
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political economy of complex humanitarian emergencies, co-directed by E. Wayne Nafziger, UNU/WIDER Senior Researcher, and Raimo Väyrynen. The research project seeks to use economic and political analyses to explain factors contributing to humanitarian emergencies and to develop early-warning and preventive strategies. Väyrynen’s paper is a pathbreaking effort to define complex humanitarian emergencies, indicate what they are, where they have occurred in recent years, and how to operationalize them. (p. v)
The report is comprised of the following sections: I. “The Age of Dualism”; II. “Genocide and War” (2.1. Genocide and Politicide; and 2.2. Wars); III. “Complex Humanitarian Emergencies” (3.1. Human Security and Politics; 3.2. War Casualties; 3.3. Diseases; 3.4. Hunger; 3.5. External and Internal Displacement); IV. “The Operationalization of Humanitarian Crises” (4.1. The Selection of Cases; 4.2. The Regional Dimension); V. “Conclusion”; Appendix 1. “A Note on Methods”; Appendix 2. “Basic Statistics”; and “Bibliography.” 705.
Wallensteen, Peter (2002). “Reassessing Recent Conflicts: Direct vs. Structural Prevention,” pp. 213–228. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. Wallensteen examines and clarifies the relationship between direct and structural conflict prevention (the latter referring to measures such as the promotion of democracy, ethnic integration, international regional cooperation, arms control, and disarmament). The chapter “takes direct prevention as its point of departure, analyzes the measures involved, and then delineates the potential role of structural prevention” (p. 214). In doing so, he discusses the issues of predicting escalation and taking early action, and different forms of preventive action.
706.
Wallensteen, Peter; Heldt, Birger; Anderson, Mary B.; Stedman, Stephen John; and Wantchekon, Leonard (2001).Conflict Prevention Through Development Co-operation. Uppsala: Department of Peace and Conflict Research, Uppsala University. 60 pp. This book is comprised of the following chapters: 1. “Development Cooperation and Conflict Prevention”; 2. “Patterns of Armed Conflict and War” (2.1 Sources; 2.2 Observed Patterns); 3. “Facing the Potential of Armed Conflict” (3.1 Inter-State Wars; 3.2 Internal Wars (Previous War, Moving from Authoritarian Rule, Identity Questions, Economic Development; The Gender Dimension)); 4. “Understanding Conflict Dynamics in Protracted Wars” (4.1 Protracted Wars; 4.2 Regional Considerations); 5. “Building Peace Support”; and 6. “Conclusions for Conflict Prevention” (6.1 Principles of Development Co-operation in Conflict Prevention; 6.2 Development Co-operation in Situations of Tension, but not Open Conflict;
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6.3 Development Co-operation in Situations of Ongoing War; and 6.4 Development Co-operations in the Aftermath of War). 707.
Walling, Carrie Booth (2001). “The History and Politics of Ethnic Cleansing,” pp. 47-66. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimension. London and Portland, OR: Frank Cass Publishers. This essay is comprised of the following sections: The Concept of “Ethnic Cleansing”; Ethnic Cleansing: A Brutal Brief History; Ethnic Cleansing: Its Causes and Symptoms; and The Politics of Ethnic Cleansing in Kosovo.
708.
Wedgwood, Ruth (1998). “Limiting the Use of Force in Civil Disputes,” pp. 242–255. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. In her conclusion, Wedgwood, professor of Law at Yale Law School, argues that The use of force in situations of ethnic rivalry is especially troublesome if we feel any scruple about racial animus. Jus sanguinis as a test of citizenship, gathering in the flock based on blood rather than place of birth, has a link more easily seen by Americans than Europeans to the instrument of ethnic cleansing. Bloody Kansas was the natural concomitant of Stephen Douglas’s popular sovereignty: where crucial decisions on territorial slavery were to be taken by the population actually present, where the ground was fought over. So ethnic cleansing is the natural concomitant of ethnic civil war. Terror creates facts on the ground, the association of land and people, that tends to shape the eventual partition. In a sense all wars are genocidal in spirit; to muster fighting spirit each government tends to harness the crudest racial sentiment, designating the enemy by names one hesitates to repeat on paper. But in a situation of intimate neighborhood, where the parties will continue living side by side, even if under separate sovereigns, the devil’s special brew mixing violence and racialism is all the more dangerous to future stability. Whatever one’s view on civil conflicts in general, an international norm against use of force in questions of ethnic secession makes good sense. (p. 255)
709.
Weiss, Thomas G. (1993). “Intervention and Genocide.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:6–7. As part of a forum (“A Forum on Prevention of Genocide and Mass Killing”) organized by the New York City-based Institute for the Study of Genocide, and in response to two questions (“What should be the preconditions for creating and recognizing new states and retracting (or suspending) recognition?” and “What other solutions would you recommend to rectify the past discrimination of regional or dispersed minorities who have experienced denial of civil and political rights?”) posited to the panelists, Weiss (associate director of Brown University’s Thomas J. Watson Institute for International
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Studies), delineates that which constitutes intervention, provides “a more precise definition” of “international intervention,” and discusses the West’s and the United Nation’s tentative, half-hearted, and often disastrous interventions in various crisis-situations in the early 1990s (and, in particular, the situation in the former Yugoslavia). In part, Weiss asserts that The root causes of many conflicts—poverty, the unjust distribution of available resources, and the legacy of colonial boundaries in many multi-ethnic societies—should be addressed before they erupt into violence and genocide. . . . [E]ffective prevention should include basic investment in economic and social development as well as reforms to distribute the benefits of future growth more equitably. It would also include changing the global financial and trading systems. (p. 7)
710.
Whitman, Jim (2001). “The Kosovo Refugee Crisis: NATO’s Humanitarianism versus Human Rights,” pp. 164–183. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimensions. London: Frank Cass Publishers. In his introduction, Whitman, who lectures in the Department of Peace Studies at Bradford University, states: The NATO intervention in Kosovo has been hailed in some quarters as a “victory”; as principled action in defense of human rights; and as a triumphant defense of the rights of refugees. The argument of this essay is that the unprecedented response to the Kosovo crisis was animated less by human rights principles than by a concern to contain the refugees within the region and to maintain political support for the military campaign against Serbia. NATO humanitarianism was an emergency response to an unanticipated refugee crisis of historic proportions in which the rights of the refugees themselves and the larger issue of human rights in Kosovo did not interfere with the strategic and political concerns of Western European states. The outcome of this functional separation of humanitarianism and human rights is driving post-war Kosovo toward a mono-ethnic composition; is likely to have undermined the international protection for refugees; and has reconfigured rather than reduced ethnic tension in the Balkans region. [In this essay,] I will argue that the prospect for the rights of refugees generally and for the peoples of the Balkans in particular has only been worsened by the NATO intervention. (p. 164)
711.
Williams, Robins M. Jr. (2004). The Wars Within: Peoples and States in Conflict. Ithaca, NY: Cornell University Press. 318 pp. Herein, the author sets out to provide a better understanding of the dynamics of ethnic conflict and to ascertain the best way(s) to lessen their disastrous consequences. The discussion highlights “how conflicts often erupt over both material resources, such as oil, diamonds, and gold, and socio-cultural goods, such as group status and cultural distinctiveness. Ethnic conflict,
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Williams argues, can be portrayed as a set of dynamic processes that may escalate from restrained confrontations over limited issues to devastating ethnic warfare and genocide. Furthermore, his analysis implies that the military and political behavior of the United States profoundly affects whether faraway places attempt ethnic cooperation or shatter into deadly conflict” (p. i). 712.
Wimmer, Andreas; Goldstone, Richard J.; Horowitz, Donald; Joras, Ulrike; and Schetter, Conrad (Eds.) (2004). Facing Ethnic Conflicts: Toward a New Realism. Lanham, MD: Rowman & Littlefield Publishers. 384 pp. The collective authors of this book provide an overview of research and policy approaches to ethnic conflicts, and in doing so address such issues as how to best understand the rise and escalation of ethnic conflict, the efficacy of various strategies for peacekeeping, mediation, and reconciliation, and the prospects for conflict management through institutional design. The book is comprised of four parts and twenty-two chapters: Part 1. Understanding Ethnic Conflicts: A. The Rise of the Ethnic Question (1. “A Few Cautionary Notes on the History and Future of Ethnonational Conflicts” by Walker Connor; 2. “Ethnicity without Groups” by Rogers Brubaker; and 3. “Ethnic Conflict and the Colonial Legacy” by Christopher J. Bakwesegha); B. The Dynamics of Escalation (4. “Exclusion, Marginalization, and Political Mobilization: The Road to Hell in the Great Lakes” by René Lemarchand; 5. “Conflicts Start with Words: Fighting Categories in the Chechen Conflict” by Valery A. Tishkov; 6. “The Asymmetry between the Dynamics of Violence and the Dynamics of Peace: The Case of Civil Wars” by Peter Waldmann); Part II. A. Prevention and Peacemaking (7. “Looking Back, Looking Forward: Reflections on Preventing Inter-ethnic Conflict” by Max van der Stoel; 8. “Operationalizing the Lessons from Recent Experience in Field-Level Conflict Prevention Strategies” by Michael S. Lund; 9. “Sources and Settlements of Ethnic Conflicts” by I. William Zartman; 10. “Transforming Ethnic Conflict: Theories and Practices” by Hugh Miall); B. Mediation and Reconciliation (11. “From Resolution to Transformation: Assessing the Role and Impact of Dialogue Projects” by Norbert Roper, and 12. “Justice and Reconciliation in Fragmented Societies” by Richard J. Goldstone); Part III. Institutional Reform: A. Democracy and Electoral Systems (13. “Ethnic Pluralism: Strategies for Conflict Management” by Milton J. Esman; 14. “External Democracy Support: Challenges and Possibilities” by Angel Vinas; 15. “Liberalism, Democracy, and Conflict Management: The African Experience” by Donald Rothchild; 16. “Some Realism about Constitutional Engineering” by Donald L. Horowitz; 17. “The Politics of Electoral Systems in Transition” by Andrew Ellis) B. Federalism and Autonomy (18. “Territorial Autonomy: Permanent Solution or Step toward
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Secession?” by Hurst Hannum; 19. “Containing Ethnonationalist Violence” by Michael Hechter; 20. “Decentralized Governance in Fragmented Societies: Solution or Cause of New Evils?” by Walter Kälin); and Part IV: Conclusion (21. “Hidden Ties: Similarities between Research and Policy Approaches to Ethnic Conflicts” by Ulrike Joras and Conrad Schetter; and 22. “Toward a New Realism” by Andreas Wimmer). 713.
Wippman, David (1998). “Practical and Legal Constraints on Internal Power Sharing,” pp. 211–241. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. In his introduction, Wippman, professor of Law at Cornell Law School, states that Part I discusses consociationalism (techniques of political engineering designed to establish government by ethnic consensus) and related forms of political engineering, and their potential application to ethnic conflict, with particular attention to their relevance for proposed solutions to contemporary conflicts. Part II considers the relationship between consociational solutions to ethnic conflict and self-determination. Part III explores the extent to which consociational systems may be considered compatible with international human rights norms. (p. 213)
One of the many conflicts discussed herein is the dissolution of the former Yugoslavia in the 1990s and the various conflicts that erupted in the aftermath of the dissolution. 714.
Zartman, I. William, and Faure, Guy (Eds.) (2005). Escalation and Negotiation in International Conflict. Cambridge: Cambridge University Press. n.p. In this systematic study, Zartman (The Johns Hopkins University) and Faure (Universitè de Paris V), bring together scholars from Europe and the United States to examine and define the point where the concepts and practices of escalation and negotiation meet. Political scientists, sociologists, social psychologists, and war-making and peace-making strategists, among others, examine the various forms escalation can take and relate them to conceptual advances in the analysis of negotiation. They argue that structures, crises, turning points, demands, readiness and ripeness can often define the conditions where the two concepts can meet and the authors take this opportunity to offer lessons for theory and practice. The book is comprised of the following: Part I. Introduction: 1. “The Dynamics of Escalation and Negotiation” by I. William Zartman and Guy Olivier Faure; Part II. Escalation Forms and Outcomes: 2. “Deadlocks in Negotiation Dynamics” by Guy Olivier Faure; 3. “Deterrence, Escalation,
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and Negotiation” by Patrick M. Morgan; 4. “Quantitative Models for Armament Escalation and Negotiations” by Rudolf Avenhaus, Juergen Beetz, and D. Marc Kilgour; 5. “Entrapment in International Negotiation” by Paul W. Meerts; 6. “The Role of Vengeance in Conflict Escalation” by Sung Hee Kim; Part III. Negotiating Out of Escalation: 7. “Structures of Escalation and Negotiation” by I. William Zartman; 8. “Conflict Escalation and Negotiation: A Turning-points Analysis” by Daniel Druckman; 9. “Escalation, Negotiation, and Crisis Type” by Lisa J. Carlson; 10. “Escalation in Negotiation: Analysis of Some Simple Game Models” by D. Marc Kilgour; 11. “Escalation, Readiness for Negotiation, and Third-party Functions” by Dean G. Pruitt; 12. “Enhancing Ripeness: Transition from Conflict to Negotiation” by Karin Aggestam; Part IV. Conclusion: 13. “Lessons for Research” by I. William Zartman and Guy Olivier Faure; and 14. “Strategies for Action” by Guy Olivier Faure and I. William Zartman.
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715.
Adelman, Howard (1998). “Difficulties in Early Warning: Networking and Conflict Management,” pp. 51–81. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. Adelman, professor of Philosophy at York University, discusses, among other issues, the following: the definition of early warning, the symbiosis of early warning and conflict management, problems inherent in early warning systems and related structural dimensions, lessons gleaned from the 1996 intra-state war and humanitarian crisis in Zaire, and the “labeling” of a crisis (lessons from the 1994 genocide in Rwanda).
716.
Adelman, Howard (1998). “Humanitarian and Conflict-oriented Early Warning: A Historical Background Sketch,” pp. 45–49. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. This is a short but informative piece on the development and status of various early warning systems devised by the United Nations, non-governmental organizations (NGOs), academic institutions, and states. Among the early warning systems Adelman comments on are: the Office for Research and the Collection of Information (ORCI) and its Humanitarian Early Warning System (HEWS); The Department of Humanitarian Affairs (DHA) and its Integrated Regional Information Network (IRIN); the University of Maryland’s Global Event Data System (GEDS); and the International Alert (IA) facilitated Working Groups on Early Warning and Conflict Prevention, 377
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and its Forum for Early Warning and Emergency Response (FEWER). The latter network was developed for the purpose of “involving a consortium of agencies, academic research units, NGOs, and hopefully, internationallyminded states, to combine efforts to develop a true intentional international operating network involving all these groups in a single early warning network and system” (p. 47). 717.
Adelman, Howard (1994). “Theoretical Approaches to Developing an Early Warning Model.” Special issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development, July, 4(1):124–131. In this piece, Adelman analyzes the workshop presentations given at the Center for International Conflict Management’s 1993 conference on “Early Warning of Communal Conflicts and Humanitarian Crises that are “most relevant to developing a systematic roadmap and framework of the various theoretical approaches for utilizing data bases to develop an early warning model” (p. 124). In doing so, he discusses “narrative approaches,” “correlation studies,” “deductive theories,” “normative decision theory,” “phenomenological perspectives,” “the deconstructionist approach,” “stage theories,” and structural theories.”
718.
Alger, Chadwick F. (Ed.) (1998). The Future of the United Nations System: Potential for the Twenty-First Century. Tokyo: United Nations University Press. 450 pp. Twenty-two scholars from across the globe contribute twelve chapters that address such issues as the prevention of violence. The recommendations are brought together in a concluding chapter and summarized in an appendix. One of the many recommendations is the establishment of an Early Warning Information Service.
719.
Alker, Hayward R. (1994). “Early Warning Models and/or Preventive Information Systems.” Special issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):117–123. In this piece, Alker, professor of Political Science at the Massachusetts Institute of Technology, argues that “The utility of quantitative and narrative models must be addressed to accommodate the variety and nuances of data and variables that should be included in an effective model” (p. 117). Further, he makes an appeal for decentralized models due to their utility to both policymakers and academics. In the course of his essay, he raises the following three questions: “How much useful knowledge is stored in general models?”; “Should early warn-
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ing research be focused on genocides and politicides?; and “Are information systems or general models more important?” A particularly significant point that Alker makes is as follows: “ . . . if we are to learn what increases effective early warning responses, we must systematically gather and tabulate data on the actions and (proposed but not undertaken) inaction of possible respondents to such warnings, in order to learn what makes, or might make, for more efficacious responses” (p. 120). 720.
Alker, Hayward R.; Gurr, Ted Robert; and Rupesinghe, Kumar (2001). “The Challenge of Developing Conflict Early Warnings Systems: A Proposal,” pp. 3–31. In Hayward R. Alker, Ted Robert Gurr, and Kumar Rupesinghe (Eds.) Journeys Through Conflict: Narratives and Lessons. Lanham, MD: Rowman & Littlefield Publishers. In this chapter, the authors discuss the early and ongoing efforts to develop the Conflict Early Warning Information Systems (CEWS). In doing so, they address the following: the various premises that shaped the CEWS research program; the two main projects undertaken (Project 1: A Global Set of Comparative, Conflict-Prevention Case Studies, and Project 2: Constructing Inexpensive, Replicable, Networkable Workstations Containing PreventionRelevant information); and what they deem “some useful synergies” (e.g., “Facilitating Competitive, Integration, Assessment and Reduction of Predictive, Projective, and Preventive Early Warning Indicators”; “Linking Case Studies Approaches with More Extensively Defined, Systematically Linked Case History Universes”; “Encouraging the Development of Institutional Memories Within Conflict Management/Prevention Agencies”; and “[Moving] Toward Global Conflict Prevention Networks: Enabling the Search for Computer Support and Training Programs”).
721.
Alker, Hayward R; Gurr, Ted Robert; and Rupesinghe, Kumar (Eds.) (2001). Journeys Through Conflict: Narratives and Lessons. Lanham, MD: Rowman & Littlefield Publishers. 462 pp. This book is comprised of the following parts and chapters: Preface: “The Origins of the CEWS Vision”; Part I. Building Conflict Early Warning Systems (1. “The Challenge of Developing Conflict Early Warnings Systems: A Proposal” by Hayward R. Alker, Ted Robert Gurr, and Kumar Rupesinghe; 2. “The Double Design of the CEWS Project” by Hayward R. Alker and Thomas Schmalberger; 3. “Peacemaking and Conflict Transformation in Guatemala” by Luis Alberto Padilla); Part II. Comparative Studies of Prevention Successes and Failures (4. “Could Humanitarian Crises Have Been Anticipated in Burundi, Rwanda, and Zaire?: A Comparative Study of Anticipatory Indicators” by Barbara Harff; 5. “Escalatory Dynamics in
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the Moldova-Dniestr and Chechnya Conflicts” by Olga A. Vorkunova; 6. “Why Are Some Ethnic Disputes Settled Peacefully, While Others Become Violent?: Comparing Slovakia, Macedonia, and Kosovo” by Michael S. Lund; 7. “ A Comparative Analysis of Conflict Resolution in Angola and South Africa” by Vasu Gounden and Hussein Solomon; 8. “Non-conventional Diplomacy: Experiences of NGOs and People’s Participation in Selected Peace Processes” by Sanam Naraghi Anderlini, Ed Garcia, and Kumar Rupesinghe; 9. “Domestic and Transnational Strategies for Managing Separatist Conflicts: Four Asian Cases” by Ted Robert Gurr and Deepa Khosla); Part III. A Prototype Information System for Early Warning Networks (10. “A Comparative Look at Early Warning Indicators: PIOOM, the State Failures Project, and CEWS Cases” by Alex P. Schmid; 11. “A Synthetic Framework for Extensible Conflict: Early Warning Information Systems” by Thomas Schmalberger and Hayward R. Alker; 12. “Exploring Alternative Conflict Trajectories with the CEWS Explorer” by Thomas Schmalberger and Hayward R. Alker); and Part IV. Sharing Informational Resources within Global CEW Networks (13. “A Review of Research and Practice in Early Warning and Early Response: Lessons Learned and Policy Issues” by Kumar Rupesinghe and David Nyheim with Maha Kahn). 722.
The Aspen Institute (1997). Conflict Prevention: Strategies to Sustain Peace in the Post-Cold War World. Queenstown, MD: Author. 164 pp. Based on the proceedings of an international conference (“Conflict Prevention: Strategies to Sustain Peace in the Post Cold War World”) held in Aspen, Colorado from July 30 through August 3, 1996, this book constitutes a report of the conference discussions and recommendations made by the participants. Among the twenty-seven experts and leaders from twenty-two countries were: Richard Goldstone (prosecutor, International Criminal Tribunal on the Former Yugoslavia and International Tribunal on Rwanda); Morton Abramowitz (president, Carnegie Endowment for International Peace, USA); John J. Sheehan (supreme allied commander, Atlantic, and Commander in Chief, U.S. Atlantic Command); George Soros (chairman, Soros Foundation/Open Society Fund); and Rodolfo Stavenhagen (professor, El Colegio de Mexico). Among the many “key actions” recommended were: • A strengthened system of collecting and assessing information for conflict prevention is needed at the United Nations, as well as publication of a UN early warning “watch list” of countries where deadly conflict may develop or escalate; • The United Nations needs to place higher priority on mobilizing political and material resources for conflict prevention. Conflict prevention should assume a central role in UN strategy; and
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• More responsibility should be taken by regional states and organizations for preventing and preempting conflict in troubled states. Emerging regional arrangements and organizations should be strengthened by efforts of the United Nations and individual states so they can assure greater responsibility for undertaking the initial external preventive effort in potential conflict situations, such as advice, mediation, or “peer pressure.” 723.
Baker, Pauline H., and Ausink, John A. (1996). “State Collapse and Ethnic Violence: Towards Predictive Model.” Parameters: US Army War College Quarterly, Spring, 26(1):19–31. Baker, president of the Fund for Peace, and Ausink, a colonel in the U.S. Air Force and a national defense fellow at Georgetown University, delineate a predictive model that could be used by analysts and policy makers. Of their model, they note the following: First, the model provides a dynamic conceptual framework to compare various conflicts at different stages of violence or conflict resolution. Second, the framework presents a way for analysts to conduct a longitudinal analysis of any single conflict, so it can be monitored and evaluated from the root causes to likely outcome. Third, the model suggests ten indicators of state collapse in ethnically divided societies that can be used for early warning. . . . Fourth, the model provides an overview of the potential role of the international community at different points in a conflict, highlighting the importance of preventive action before a crisis reaches catastrophic proportions. (p. 20)
724.
Barnhizer, David (Ed.) (2001). Effective Strategies for Protecting Human Rights: Prevention and Intervention, Trade and Education. Aldershot, UK: Ashgate Publishing Co. 250 pp. This volume includes chapters entitled “The Use of Information and Communication Technology, especially the Internet, for the Promotion and Protection of Human Rights, including Detection, Early Warning and Prevention,” and “The Information Technology Revolution and Gross Human Rights Violations: Justice for the Masses or ‘Fast-Food’ Human Rights?”
725.
Boutros-Ghali, Boutros (1992). An Agenda for Peace: Preventive Diplomacy, Peacemaking and Peace-keeping. New York: United Nations. n. p. An Agenda for Peace, one of the major UN reports issued in the 1990s, resulted from a request made on January 31, 1991, by the UN Security Council that Secretary General Boutros Boutros-Ghali “prepare and circulate to the Members of the United Nations ‘an analysis and recommendations on ways of strengthening and making more efficient within the framework and provisions of the UN Charter the capacity of the United Nations for preventive diplomacy, peacemaking and peace-keeping.’” The report includes a section entitled: “Early Warning.”
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726.
Boutros-Ghali, Boutros (1995). Confronting New Challenges: Annual Report on the Work of the Organization, 1995. New York: United Nations Department of Public Information. 380 pp. This report is comprised of five parts (only those sections germane to the prevention and intervention of genocide are noted herein): I. “Introduction”; II. “Coordinating a Comprehensive Strategy”; III. “The Foundations of Peace: Development, Humanitarian Action and Human Rights” (The Humanitarian Imperative, Protection and Resettlement of Refugees, Protection and Promotion of Human Rights); IV. “Expanding Preventive Diplomacy and Conflict Resolution” (Implementing an “Agenda for Peace”; Preventive Diplomacy and Peacemaking; Peacekeeping in a Changing Context; Current Activities in Preventive Diplomacy; Peacemaking and Peace-Keeping; and Post-Conflict Peace Building); and V. “Conclusion.” In regard to the UN early warning system, Boutros-Ghali reports that A functioning early warning system is critically important for the timely planning and implementation of pre-emptive action. The Humanitarian Early Warning System has been created to provide up-to-date warnings of country crisis situations through analysis of its database, drawing upon the various early warning mechanisms of other United Nations agencies as well as nonUnited Nations information sources. The system is made up of a database that includes both statistical and other country-specific information, graphically presented trend evaluation and an analysis process that examines statistical and event information. The System completed its prototype in January 1995 and has expanded its country coverage as well as its depth of information on each country. It became fully operational in July. (p. 298)
727.
Bronkhorst, Daan (1984). “Extrajudicial Executions, International Alerts and Campaigning,” pp. 281–87. In Israel W. Charny (Ed.) Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press. In this piece, Bronkhorst, a human rights researcher in the Netherlands, discusses the concept of “International Alerts” whose express purpose would be to “communicate human rights information to people in ways that invite, guide, and facilitate taking stands and taking action on behalf of human rights,” [particularly, mass scale killings committed by governments] (p. 282). Bronkhorst delineates the following set of priorities regarding the implementation of an International Alert system: 1. A Program of Action Should be Coordinated; 2. A Program Should Have an Active Media Approach; 3. A Program Should be Set Out on Research Standards; 4. A Program Should
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Have “Spearheads” for Action; 5. A Program Should Activate Early Action Mechanisms, and 6. A Program Should Involve Professional Groups. Bronkhorst also discusses various problems connected with such alerts (e.g., obtaining and using reliable sources, presenting the information, and using the information in an effective manner). 728.
Charny, Israel W. (1992). “Early Warning, Intervention, and Prevention of Genocide,” pp. 149–166. In Michael N. Dobkowski and Isidor Wallimann (Eds.) Genocide in Our Time: An Annotated Bibliography with Analytical Introductions. Ann Arbor, MI: Pierian Press. The heart of this essay is Charny’s “Proposal for a World Genocide Early Warning System Foundation” (pp. 152–156). Herein, he delineates the need for such a foundation, the purposes it would serve, and the way in which it could be implemented. He concludes by discussing other proposals for preventing genocide.
729.
Charny, Israel W. (1982). “A Genocide Early Warning System,” pp. 297–303. In Jack Porter (Ed.) Genocide and Human Rights: A Global Anthology. Lanham, MD: University Press of America. In this short essay, Charny discusses the lack of information (as of 1982) about contemporary genocidal events and the need for and the role of his proposed Genocide Early Warning System (GEWS). In part, he says: “ . . . the charge of a duly constituted Genocide Early Warning System, as a responsible social agency, is to issue respected, sequential reports and follow-up reports, systematically bringing up to date the human rights problems of people everywhere” (p. 301).
730.
Charny, Israel W. (1999). “Genocide Early Warning System (GEWS),” pp. 253, 255–261. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume I. Santa Barbara, CA: ABC CLIO Press. Charny discusses the focus, purpose, and methodology behind the concept of his “Genocide Early Warning System” (GEWS). Included herein is a history of GEWS, a description of the theory undergirding the model, and an outline of the constituent components of GEWS.
731.
Charny, Israel W. (1982). How Can We Commit the Unthinkable? Genocide, The Human Cancer. In Collaboration with Chanan Rapaport. Boulder, CO: Westview Press. 430pp. (Republished in paperback by Hearst Books [William Morrow] in 1983 under the title Genocide, The Human Cancer.) This is an early and significant volume on the subject of genocide by a pioneer in the field. It includes a proposal for a Genocide Early Warning System (GEWS).
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732.
Charny, Israel W. (1999). “Israel Charny: On the Development of the Genocide Early Warning System (GEWS),” pp. 254–255. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume I. Santa Barbara, CA: ABC CLIO Press. A moving and telling statement as to what prompted Charny to develop his Genocide Early Warning System (GEWS).
733.
Clapham, Andrew (2002). “Human Rights,” pp. 232–252. In E. Wayne Nafziger and Raimo Väyrynen (Eds.) The Prevention of Humanitarian Emergencies. New York: Palgrave. In this chapter, Clapham, professor of Public International Law at the Graduate Institute of International Studies, Geneva, argues that human right norms can aid understanding of [any humanitarian emergency], and [goes on to suggest potential] solutions to the tensions that underline conflict. In fact, the chapter argues that the political problems that produce complex humanitarian emergencies (CHEs) can only be resolved if the solutions incorporate respect for human rights as a cornerstone of the rebuilding programme. (p. 232)
The chapter is comprised of the following sections: Failing to Consider the Human Rights Dimensions of CHEs; The Potential Use of Human Rights Information for Early Warning; Emergency Humanitarian Assistance and the Human Rights Dilemma; Reporting; and Ending Impunity. 734.
Cockell, John G. (2003). “Early Warning Analysis and Policy Planning in UN Preventive Action,” pp. 182–206. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations University Press. In his introduction, Cockell (research associate with the conflict analysis and development unit of the London School of Economics, and technical advisor on early warning systems for the UNDP office in Kosovo) notes that the focus of this chapter is as follows: Drawing upon recent project research, the basis for an organizationally specific redefinition of conflict prevention will be outlined, focusing on the need for its strategic and proactive application in situations of protracted internal conflicts. A large measure of this redefinition involves the building of UN capacity to conduct early warning analysis in a manner that facilitates the applied planning and implementation of preventive action strategies. Reframing the early warning problematic in this way reverses the logic of much recent research on early warning methods, and thus a related objective of this chapter is to contest the assumptions underlying that logic. Finally, in outlining the basic elements of a composite analytical method for UN early warning, certain features of conflict analysis theory which either facilitate or hinder the contemporary need
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to evolve pragmatic strategies and instruments for the prevention of protracted violent conflict will be highlighted. (pp. 182–183)
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Dallaire, Romeo (1995). “The Rwandan Experience,” pp. 14–25. In Alex Morrison (Ed.) The New Peacekeeping Partnership. Clementspott, Nova Scotia: The Lester B. Pearson Canadian International Peacekeeping Training Centre. This is a must read for all of those interested in the issues pertaining to the prevention and intervention of genocide for the author—Major-General Dallaire, Deputy Commander of the Canadian Army and the former Commander of the UN Mission in Rwanda (UNAMIR)—knows that of which he speaks. Having witnessed first-hand both the 1994 genocide in Rwanda and the impotence of the international community in effectively addressing the outbreak of violence, his insights regarding peace operations and the reforms needed at the UN to enable it to address ethnic violence and genocide in a timely and effective manner are worthy of serious consideration. The essay is comprised of the following headings: The International Community; UN Peace Support Operation: UNAMIR; Reaction by the International Community; The Need to Reform the UN; UN Reform Options (a. A UN Multi-Disciplinary Senior Crisis Management Cell, b. Reform of the UN Administration/Logistics System; c. A UN Contingency Fund; d. UN Standby Military Forces and Equipment; e. A UN Umbrella Humanitarian Agency; f. A UN International Media Element; g. A UN Information (Intelligence) Capability, and h. UN Intervention for Humanitarian Reasons).
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Daniel, Donald, C.F., and Hayes, Bradd (1997). “Securing Observance of UN Mandates Through the Employment of Military Force,” pp. 105–125. In Michael Pugh (Ed.) The UN, Peace and Force. London: Frank Cass Publishers. The authors (director and assistant director, respectively, of the Strategic Research Department, Center for Naval Warfare Studies, U.S. Naval War College) discuss the complexities of post-1987 UN military operations and the conceptual confusion they resulted in; the distinctions between peacekeeping, inducement, and enforcement; and ways in which the UN has begun to address some of the many problems plaguing military operations. They conclude by providing a series of recommendations for additional changes and reforms. Particularly interesting is a list of factors the authors present that reportedly facilitate coalition effectiveness. Those dealing with early warning issues are as follows: • Sharing early warning and other intelligence information;
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• Centralizing planning and operations staffs; • Utilizing equipment that is interoperable (especially equipment that allows communications between national contingents and across services); • Making available personnel who speak a common coalition language or can otherwise make themselves easily understood; They note that among the UN reforms instituted in the 1990s are: • Assigned early warning responsibilities to DPA and, in humanitarian relief situations, to DHA; and • Established a Situation Centre in DPKO which maintains around-theclock links with field operations. 737.
Davies, John L., and McDaniel, Chad K. (1994). “Event Data and Software for Early Warning.” Special issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):72–76. In their introduction, the authors describe the focus of their essay as follows: This paper first outlines the ongoing development of the Global Event-Data System (GEDS) Project. Its role in supporting the development, testing and application of conflict and crisis early warning is then discussed. This role is twofold. First, daily GEDS event-data can be used to identify “accelerators” and other fast-breaking events which may precipitate or inhibit a transition into crisis or violent conflict, depending on specific context or background conditions. Second, GEDS software is being developed to facilitate interfacing with other data sets specifying such background conditions or otherwise relevant to early warning, and to support the development, testing, and application of alternative models for combining such data into early warning indicators. We conclude with a brief review of our current research efforts, including the development of fully, automated, near-real-time event coding (“precoding”) and user software tools. (p. 72)
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Dedring, Juergen (1994). “Early Warning and the United Nations.” Special issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):98–104. In this essay, Dedring, a senior political officer with the United Nations Department of Humanitarian Affairs, notes that: “Attempts by the United Nations to set up a system capable of alerting that body to developing political, humanitarian, or military dangers have been made in the 1980’s and 1990’s. The compilation and analysis of data through the use of advanced computer technology is expected to yield results which would allow observers to predict crises and intervene to prevent them. The various United Nations departments already have access to much of this raw data; what is
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needed is a more effective system of analysis utilizing academic as well as United Nations resources” (p. 98). The various sections comprising this essay are: Early Warning of New Flows of Refugees and Displaced Persons; Humanitarian Early Warning; Early Warning Plans in the United Nations Development Programme (UNDP); and Towards Fully Integrated Early Warning in the United Nations. Concluding, Dedring states: “A critical gap is found at the core: there is little conceptual rigor and foresight in the various UN activities on early warning. At the senior levels one also encounters much ignorance and resistance. Either the machine is mistrusted or theory is dismissed. Nevertheless, not all is bleak and hopeless. . . . Considering the many data bases in existence in the UN system, it is known that modern technology would make it possible to unify and consolidate the technical foundation in which the special data bases could be hosted” (p. 104). 739.
Dorff, Robert H. (1998). “The Future of Peace Support Systems,” pp. 160– 178. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers. Dorff, professor of National Security Policy and Strategy at the U.S. Army War College, argues that an appropriate response to the conflicts arising from failing states requires a sound strategy based on an accurate understanding of the causes and processes of the conflict. Since such conflicts are not the same, objectives for addressing them must be tailored to each situation. In regard to the issue of early warning systems, Dorff argues that: While I do not dispute for a moment the need for improved early-warning mechanisms, especially in the areas identified with the sources of state failure (ethnic and religious conflict, socio-economic instability, sub-state nationalistic movements, etc.), I am less sanguine about the capabilities of such mechanisms to provide much in the way of relief from the basic problem. In my view the lack of early warning and indicators of potential violence has been neither the primary nor even a central reason underlying our inability to deal effectively with such crises prior to their becoming critical. Rather, the critical factor has been the lack of political will, either by individual countries or the collective international community . . . [T]he point here is simply that it is dangerous and misleading to think that we can effectively address the problems of ungovernability and state failure only by improving our ability to receive early warning. In the former Yugoslavia, as well in most of the recent crises in Africa (e.g., Rwanda, Zaire), policymakers were well aware of the potential for violent conflict well in advance of hostilities breaking out. It was not the absence of early warning that caused the delay in or absence of an effective response [italics added]. (p. 171)
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Fein, Helen (1994). “Tools and Alarms: Uses of Models for Explanation and Anticipation.” In Special Issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1): 31–35. In this short piece, Fein, a sociologist and noted scholar of genocide studies, raises a host of critical issues/questions vis-à-vis the purpose, implementation, and efficacy of an early warning system for the purpose of detecting genocide. In doing so, she argues that “What we need to start is not the best model . . . but the simplest or a ‘good enough model’ (GEM) for anticipation and early intervention” (p. 32). In her essay, Fein also offers a comparison of the similarities and differences between her own model and Barbara Harff’s theoretical model of “early warning.” Among the key questions Fein raises within the essay are: “Who does the early warning system warn: the potential perpetrator or victim or bystander?” (p. 31); “Who is responsible for warning and reacting to warning?” (p. 31); “Are we positing the creation of a new international regime, relying on the United Nations, anticipating there will be a newly authorized organ within the UN (such as a High Commissioner for Human Rights) to whom other countries might respond?” (p. 31); “Will relying on the UN incapacitate the function of an EWS [early warning system], given the bias, selectivity in disclosure, and suppression of information of human rights violations in the past?” (p. 31); “Are we considering the creation of a supraorganization human rights research NGO [non-governmental organization] or assigning responsibility for response to this or another organization?” (p. 31); and “What inducement is there for: (a) the actor(s) to respond, and (b) the bystanders to intervene or sanction the actors?” (p. 32).
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Fisas, Vicenc (1995). “Conflict Prevention,” pp. 37–51. In Vicenc Fisas’ Blue Geopolitics: The United Nations Reform and the Future of the Blue Helmets. East Haven, CT and London: Pluto Press. Herein, Fisas submits various proposals regarding early warning systems: • Create the necessary mechanisms within the United Nations and the regional organizations for detecting and predicting conflicts; • Revive the United Nations ORCE or an agency to carry out its functions; • Prevention should be directed not only at military questions, but also at political, economic, ecological, social, cultural and technological problems; • Special attention should be paid to ethnic and ecological conflicts; • Early warning should take place simultaneously at different levels (national, regional and international) and through different institutions (governmental and non-governmental);
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• Create a global communications network linking all the early warning centres, whether governmental, NGO or those belonging to international organizations, using the same computer language; • Decentralizing the United Nations would make it possible to establish early warning centres in all the associated regional organizations; • Connect early warning centres to arms control and verification organs; • Establish a Convention by which some military satellites are transferred to new missions and come under the control of the United Nations; • Increase the presence of the United Nations in unstable areas, including peacekeeping forces; • Establish the rule that United Nations fact-finding missions must be accepted, that they can take place anywhere, at any moment and under any circumstances, and that they cannot be vetoed by the five permanent members of the Security Council; • Improve relations between the United Nations and the NGOs carrying out monitoring and conflict prevention tasks; and • Pay greater attention to tensions and conflicts arising from economic and social inequalities (pp. 50–51). 742.
George, Alexander L. (1999). “Strategies for Preventive Diplomacy and Conflict Resolution: Scholarship for Policymaking.” Cooperation and Conflict, 34(1):9–19. In this revised talk by Stanford Professor Emeritus Alexander George on his acceptance of the Johan Skytte Prize awarded by Uppsala University, George argues that in the new geopolitical environment of the post-cold war world a better understanding of preventive diplomacy and conflict resolution is crucial for effective statecraft. In talking about his own work with the Carnegie Commission on Preventing Deadly Conflict and the Committee on International Conflict Resolution of the National Academy of Sciences, he urges scholars to work closely with foreign policy practitioners in analyzing the successes and failures of past cases of preventive diplomacy. Speaking about early warning and response to early warning, he asserts: . . . although efforts to improve early warning are important, the fact is that in most conflict situations, humanitarian crises, cases of severe human rights abuses, acute ethnic or religious tensions, sufficient early warning is available. The problem is not lack of early warning but the fact that governments often ignore an incipient crisis or take a passive attitude towards it until it escalates into a deadly struggle or a major catastrophe. In other words, the problem is not that governments don’t know; it’s that they don’t act! The logic of warning and the logic of policy response often conflict. The logic of early warning is “the sooner one acts in response to warning, the better.” However, policymakers have a deep-seated penchant for putting off hard policy choices as long as possible. (p. 10)
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Continuing, he asserts: Even when early warning is ambiguous and intelligence specialists cannot predict that a crisis is likely to occur, available warning does provide decisionmakers with an opportunity to avert the crisis, to modify it, or to redirect it in some less dangerous and less costly direction. (p. 11)
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George, Alexander L., and Holl, Jane E. (1997). The Warning-Response Problem and Missed Opportunities in Preventive Diplomacy. New York: Carnegie Commission on Preventing Deadly Conflict, Carnegie Corporation of New York. 190 pp. In the foreword to this report by Alexander George (Graham H. Stuart Professor Emeritus of International Relations at Stanford University, and a leading academic specialist on deterrence, crisis prevention and management, and coercive diplomacy) and Jane Holl (executive director of the Carnegie Commission on Preventing Deadly Conflict, and former director for European affairs on the U.S. National Security Council staff), David A. Hamburg and Cyrus R. Vance, the co-chairs of the Carnegie Commission on Preventing Deadly Violence, write as follows: The argument that nothing can be done to prevent genocide or other forms of mass violence is increasingly unconvincing. Genocide . . . can be anticipated and prevented. Early warning is a prerequisite both for any prudent decision to act and for effective action itself. [Herein,] George and Holl argue that leaders need the kind of warning that will induce them to act preventively, not simply warning that a bad situation is getting worse. Leaders tend to put off hard decisions as long as they can, and this has often resulted in delay or paralysis in dealing with developing crises. To prevent violent conflicts, leaders must overcome this initial policy paralysis. The events that could trigger widespread violence are usually different from the events that trigger a preventive response from outside parties. It would not, for example, have been possible to give an unambiguous, precise warning that a plane crash in Central Africa would precipitate the slaughter of nearly one million people. But many earlier indications of the possibility of genocide in Rwanda in 1994 were ignored, and no preventive plan of action was in place. As George and Holl point out, outside parties must become more receptive to warning. Early warning will not ensure successful preventive action unless there is a fundamental change of attitude by governments and international organizations. Third parties should not simply wait for unambiguous disasters and mass slaughter before they take preventive action. Rather, a systematic and practical early warning system should be combined with consistently updated contingency plans for preventive action that provide leaders with a repertoire of responses. This would be a radical departure from the present system, where when a trigger event sets off an explosion of violence, it is usually too difficult, too costly, and too late for a rapid and effective response. This early warning
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system would be a crucial component of the international preventive framework envisioned by the Carnegie Commission on Preventing Deadly Conflict. States, NGOs, business[es], religious leaders, scientific groups, the media, and international organizations have a role to play in providing early warning and in responding to warning. (n. p.).
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Goodpaster, Andrew (1996). When Diplomacy Is Not Enough: Managing Multinational Military Interventions. New York: Carnegie Corporation of New York. 38 pp. In the preface to this work, the following is stated: This study is part of a larger effort by the Carnegie Commission on Preventing Deadly Conflict to devise ways of reducing mass violence in the international system. Included in the Commission’s framework are attempts to define the problem of post-Cold War conflict, reveal the nature and cause of mass violence, devise a doctrine for triggering international responses to aggression, and finally to conceive a broad system of interrelated—although not necessarily interdependent—processes that operate at every phase of a real or potential conflict, from early warning and preventive diplomacy to military intervention and conflict resolution. Although the Commission is primarily concerned with preventing the outbreak of violence and is therefore emphasizing means of early warning, and conflict avoidance, its consideration of the constructive use of force in dealing with violence is twofold. First, the international community may not always be able to predict and prevent the outbreak of violence, and it must therefore develop the capability to mitigate violence, even if that requires using force. Second, the Commission hopes to contribute to the development of a system of intervention that is so predictable, rapid and effective that its mere existence would act as a deterrent against mass violence (italics added). The purpose of this study is to increase the Commission’s understanding of how to facilitate timely and effective military intervention where such actions will help forestall mass violence . . . The evidence shows that in many instances, international initiatives, of varying scope and duration, can have salutary effects. The record also shows, however, that there is much room for improvement (pp. vi–viii).
The report is comprised of six chapters: 1. The Challenge; 2. Making the Case for Using Multinational Forces; 3. Managing Multinational Forces; 4. Operational Requirements; 5. The Use of Force—When, Why, and How; and 6. Recommendations. The study was conducted under the leadership of General Andrew J. Goodpaster, USA (Retired). 745.
Gordenker, Leon (1992). “Early Warning and Practical Issues,” pp. 1–14. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press.
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Gordenker discusses “the concept of early warning as it has been elaborated in connection with rural forced migration,” and provides “suggestions about the practical potentials and limits of the idea” (p. 1). In doing so, he discusses, in part, the following: dimensions of early warning; using early warning; and organizational concepts for early warning. In the section entitled “Using Early Warning,” Gordenker argues that “As early warning is expected to begin a process of humanitarian response . . . , merely announcing a forecast . . . would seem too gross to be useful. Rather, early warning should be directed to targets that could best use it for a specific situation. Consequently, choices are required on the part of those who assemble early warnings. These choices essentially are political judgments—who will respond and how and why” (p. 8). In his conclusion, Gordenker asserts the following: Although the interest in early warning suggests that it is an idea of special relevance today, it remains a concept that requires further elaboration and experimentation before it can be treated as practical. . . . The centralized approach to early warning adopted by the [UN] General Assembly involves a number of political and management difficulties. . . . As the international secretariats are both highly responsive to governmental pressure . . . , serve enormously varied constituencies, attempts to create a high-grade authoritative early-warning system may prove abortive. Beyond the conceptual and structural considerations, early warning involves a great deal of political judgment. The designation of ORCI [Office for Research and Collection of Information] as the bureaucratic centre of early warning in the UN system so far has meant that the Secretary General becomes the early warner. This puts yet one more burden on an office that now has heavy tasks and slender political and material resources. The choice of the target for early warning, a crucial decision, might well be coloured more by political linkages than by humanitarian needs while still at a stage where worse could be prevented. (pp. 11–12)
746.
Gurr, Ted Robert (2000). “Early-Warning Systems: From Surveillance to Assessment to Action,” pp. 243–262. In Kevin M. Cahill (Ed.) Preventive Diplomacy. New York: Routledge. This chapter by Gurr, Distinguished Professor of the University of Maryland, where he directs the Minorities at Risk Project, presents a discussion of the various organizations working on the development of early warning systems and discusses evidence from early-warning research concerning ethnic conflict situations at high risk of escalation at the outset of the twenty-first century. The chapter is comprised of the following sections: Who is Working on Early Warning?; The Connection Between Early Warning and Early Action;
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Design Criteria for Early Warning Systems; The Challenge of Developing and Testing Models for Early Warning; Design Criteria for a Global Early-Warning System; Risk Assessments: How to Identify Potential Communal Conflicts; and Groups at Risk: A Watch List for the Twenty-First Century. 747.
Gurr, Ted Robert (1994). “Testing and Using a Model of Communal Conflict for Early Warning.” Special issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development, July, 4(1) 20–24. In his abstract, Gurr states, in part, that “Indications from the Minorities at Risk Project show that empirically-based forecasts can be developed to determine the chances that specific communal conflicts will intensify” (p. 20). In addressing the above issues, Gurr discusses the following: “Findings of the Minorities at Risk Project,” “A Diagnostic Model of Risks that Communal Conflicts Will Escalate,” and “Using the Diagnostic Model for Monitoring and Early Warning.” In his conclusion, Gurr states that “[t]his diagnostic model can be used to structure and interpret whatever information the analyst has on an emerging conflict situation: this is likely to include historical information, current political assessments, and “hard” economic and social indicators” (p. 22). Finally, Gurr notes that “[t]he next step toward an early warning system is to monitor and analyze the precipitating events, or accelerators as we call them, that aggravate or moderate the impact of the general condition. One (sic) an analyst has determined that a potentially critical mass of the background, intervening, and response factors are present in a situation, then real-time information needs to be screened, daily or weekly, for evidence of events, that are likely to intensify the conflict” (p. 22).
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Gurr, Ted Robert, and Harff, Barbara (1994). “Conceptual, Research, and Policy Issues in Early Warning Research: An Overview.” The Journal of Ethno-Development (Special issue on “Early Warning of Communal Conflicts and Humanitarian Crises”), July, 4(1):3–14. In their abstract, the authors state the following: Early warning models of ethnic conflict explore the possibility of anticipating and responding to crisis situations before they become too violent, or mitigating their effects once underway. Several models exist, utilizing various quantitative and contextual measures. The ideal model(s) should have predictive capability as well as value for making informed judgments about possible sequences of events and outcomes. It should also comprehend the complex nature of
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ethnicity, and the relations of individual and collective rights. Finally, the model must be integrated into an effective framework of data-gathering and communication networks. (p. 3)
The essay is comprised of the following sections: “Objectives of Early Warning Research, “Models for Early Warning,” “How Valid and Useful Are Early Warning Models?”, “Information and Data for Early Warning,” Early Warning and Policy Issues,” and “Agenda for Research and Action.” 749.
Gurr, Ted Robert, and Harff, Barbara (Eds.) (1994). Special Issue [“Early Warning of Communal Conflicts and Humanitarian Crises”] of the Journal of Ethno-Development. July, 4(1):1–131. This special issue of the Journal of Ethno-Development consists of the proceedings of a workshop entitled “Workshop on Early Warning of Communal Conflicts and Humanitarian Crises,” held at the University of Maryland on November 5–6, 1993. The workshop was hosted by the University’s Center for International Development and Conflict Management, sponsored by International Alert (London), and co-sponsored by the International Social Science Council (UNESCO, Paris). The contents of this special issue are comprised of the following: “Introduction”; “Conceptual, Research, and Policy Issues in Early Warning: An Overview” by Ted Robert Gurr and Barbara Harff: I. Theories and Models of Communal Conflict, Genocide, Politicide, and Humanitarian Crises (“Reflections on Some Theories of Ethnic Conflict” by Rodolfo Stavenhagen; “Testing and Using a Model of Communal Conflict for Early Warning” by Ted Robert Gurr; “A Theoretical Model of Genocides and Politicides” by Barbara Harff; “Tools and Alarms: Uses of Models for Explanation and Anticipation” by Helen Fein); II. Evaluating Early Warning Models (“Early Warning of Communal Conflict: A French Perspective by Didier Bigo; “Converting Hindsight to Foresight, Building Theoretic Models of Genocide and Politicides: Some Ideas from the World Events/Interaction Survey (WEIS)” by Rodney G. Tomlinson; “The Ethnopolitical Dimension of International Crises: A Preliminary Mapping” by Jonathan Wilkenfeld and Michael Brecher; “The PIOOM Program on Monitoring and Early Warning of Humanitarian Crises” by Albert J. Jongman; “Event Data and Software for Early Warning” by John L. Davies; “Real-Time Test Cases for Early Warning” by Steven Kurth; “Some Normative Caveats in the Pursuit of the Rights of Ethnic Minorities” by Martin Heisler; “State Collapse Under Ethnic Conflict: Models and Remedies” by I. William Zartman); III. Policy Uses of Early Warning Models (“Early Warning and Preventive Diplomacy” by Kumar Rupesinghe; “Early Warning and the United Nations” by Jürgen Dedring; “Early Warning Indicators for Cultural Groups
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in Danger” by J. David Singer; “Implications for Policy Use: Policy Uses of Early Models and Data for Monitoring and Responding to Humanitarian Crises” by William J. Spencer); and IV. Assessments and Critiques of Early Warning Research (“Early Warning Models and/or Preventive Information Systems” by Hayward R. Alker, and “Theoretical Approaches to Developing an Early Warning Model” by Howard Adelman). 750.
Hampson, Fen Osler, and Malone, David M. (2002). “Improving the UN’s Capacity for Conflict Prevention.” International Peacekeeping, Spring, 9(1): 77–98. In this article, Hampson (professor at Carleton University) and Malone (president of the International Peace Academy) focus on the research findings most pertinent to the United Nations’ role in conflict prevention and the kinds of intervention measures it can adopt to strengthen its role and capacity for conflict prevention. The article is comprised of the following sections and subsections: The Nature of Conflict Prevention (Conflict Causes and Conflict Prevention, Combining Incentives and Disincentives for Peace, The UN System’s Comparative Advantage in Addressing the Causes of Conflict, The Scope of Conflict Prevention Capacity at the UN, Implementing Conflict Prevention within the UN and Beyond, From Early Warning to Early Action, Directions for the Future), and Conclusions: Limits and Opportunities.
751.
Harff, Barbara (1993). “An Early Warning System is Needed.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:3–5,12. As part of a forum (“A Forum on Prevention of Genocide and Mass Killing”) organized by the New York City-based Institute for the Study of Genocide, and in response to two questions (“What should be the preconditions for creating and recognizing new states and retracting (or suspending) recognition?” and “What other solutions would you recommend to rectify the past discrimination of regional or dispersed minorities who have experienced denial of civil and political rights?”) posited to the panelists, Harff (professor of Political Science at the U.S. Naval Academy) addresses the following issues, among others: state formation and recognition, the human rights/aid linkage, international monitoring and protection, humanitarian intervention, the role of the UN, and the need for the development of an effective early warning system. In regard to the need to develop an early warning system, Harff comments as follows: The UN is in principle structurally capable of dealing with human rights abuses. One problem lies in the lack of data that allows for accurate predictions that
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would give adequate time to deal with impending crises. The establishment of an early warning system similar to forecasting is indispensable to both prevention and readiness to respond in a manner that would prevent escalation. Databanks must include background information on pre-conflict situations. Early warning models need to be tested against real world conflict scenarios. Although early warning of escalation may not lead necessarily to effective responses, it makes planning relief and peacekeeping efforts feasible. At present, the UN is cooperating with an international network of scholars (including this author) to develop such an early warning system. (p. 4)
752.
Howard, Ephraim M., and Howard, Yocheved (1984). “From Theory to Application: Proposal for an Applied Science Approach to a Genocide Early Warning System,” pp. 324–329. In Israel W. Charny (Ed.) Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press. In this short essay, the authors provide a succinct overview of such issues as the background and development of the concept of “systems and models,” specific components for a genocide early warning system, and the transformation of theory into practice.
753.
The Independent Working Group on the Future of the United Nations (1995). The United Nations in Its Second Half Century. New York: Ford Foundation. 53 pp. In this report, the Independent Working Group (comprised of such distinguished figures as Richard von Weizsäcker, former President of the Federal Republic of Germany; Koji Kakizawa, former Foreign Minister of Japan; Xue Mouhong, former Ambassador of China; Anthony Parsons, former Permanent Representative to the United Nations, United Kingdom; and Paul Kennedy, Yale University) discuss a host of issues germane to the UN role’s in regard to the prevention and intervention of genocide, including early warning and threat assessment.
754.
Jentleson, Bruce W. (1998). “Preventive Diplomacy and Ethnic Conflict: Possible, Difficult, Necessary,” pp. 293–316. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. This essay includes a short but thought-provoking subsection on the issue of early warning. Herein, Jentleson, professor of Political Science at the University of California at Davis, writes: [E]arly warning of ethnic conflict requires over-coming . . . the informational problem of obtaining both the necessary quantity and quality of intelligence in a reliable and timely fashion, and the analytic problem of avoiding mispercep-
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tion or other faulty analysis of the likelihood of diffusion and/or escalation of the conflict, the impact on interests, and the potential risks and costs of both action and inaction. . . . [E]arly warning . . . has been less of a problem than asserted. . . . A great deal of information was available in the Yugoslav case . . . and the Rwandan case. Milosevic’s 1987 Greater Serbia speech was [available on] the Foreign Broadcast Information Service and other open sources. The Yugoslav Army’s . . . maneuvers were easily tracked by intelligence sources. . . . And in the Rwanda case, [m]any knew that organized extremist forces existed. . . . A pattern of violence was discernible, and the state apparatus itself was implicated in arms distributions to paramilitary groups and extremist propaganda advocating the need to rid Rwanda of all Tutsis and their supporters. By early 1994, specific information about plans and conspiracies towards this end was picked up. The analytic problem, however, has been more difficult to overcome. One reason is that the “signals” in all of these cases had to compete with quite a bit of “noise” from concomitant and louder international events. . . . In addition, there are some basic cognitive and bureaucratic dispositions that impede early warning analysis. George and Holl (forthcoming) cite basic psychological research which shows that the detection of a signal is not just a function of its strength relative to “background noise” but also the baseline receptivity, which is a function of “the expectations of observers called upon to evaluate such signals” and “the rewards and costs associated with recognizing and correctly appraising the signal.” Given the strong tendency of policy makers to put off hard choices as long as possible, the cognitive dynamics are apt to be less receptive to information that if taken seriously would require “new decisions of a difficult or unpalatable character . . . Taking available warning seriously always carries the ‘penalty’ of deciding what to do about it . . . ” (pp. 303–306).
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Khan, Prince Sadruddin Aga (1981). Study on Human Rights and Massive Exoduses. United Nations, E/CN.4/1503. In addition to focusing on massive exoduses of refugees (which can be a result of genocidal assaults and which, in turn, would constitute an early warning signal), Kahn recommends the establishment of an early warning system and the appointment of a Special Representative for Humanitarian Questions.
756.
Knight, Gerald (1982). “A Genocide Bureau.” [This untitled talk was given the title “A Genocide Bureau” by Israel Charny in his annotation of it in Genocide: A Critical Bibliographic Review.] Text of talk delivered at the Symposium on Genocide, London, March 20, 1982 (organized by a group that later created the organization International Alert). Mimeographed. Available from the Baha’i International Community, 866 United Nations Plaza, New York, New York 10017. 14 pp. “In the second part of this address, Knight proposes the establishment of a ‘Genocide Bureau’ that is very similar to Charny’s proposal for a Genocide
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Early Warning System, the work of International Alert, and Kutner’s World Genocide Tribunal. [Knight notes that] ‘At the moment, there is no . . . central clearing house for cases of genocide . . . the very existence of such a body would alert the world.’” (Annotated by Israel W. Charny, “The Study of Genocide.” In Genocide: A Critical Bibliographic Review. New York: Facts on File, 1988, p. 14.) 757.
Kuper, Leo (1984). “The United Nations and Genocide: A Program of Action,” pp. 296–305. In Israel W. Charny (Ed.) Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press. Kuper, professor of Political Science at the University of California, Los Angeles, concludes by discussing a wide range of strategies for “activating an International Alert against impending genocides” (p. 303), which would include “activating different organs of the United Nations and related organizations” (p. 303).
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Kuroda, Michiko (1992). “Early Warning Capacity of the United Nations System: Prospects for the Future,” pp. 215–227. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. This chapter is comprised of the following components: Introduction; Practical Approach to Early Warning (Nature and Concept of Early Warning, Purposes of Early Warning, Information Management for Early Warning Purposes, Actors, and Destinees); Policy Framework for Early Warning at the UN; Existing Early Warning Capacity of the UN—Potential and Weakness; and Future Prospects. Under the section entitled “Future Prospects,” Kuroda argues the following: The review of several [UN] offices and organizations has demonstrated that the capacity for early warning certainly, or at least available information, exists—albeit in varying forms—within many UN fora. This capacity can and should be further utilized and even reactivated in order to serve as a useful management tool. . . . The tendency towards fragmentation of work, with lack of co-operation and coordination, has been a stumbling block. Despite the immense potential and existing capacity, there has been no entity responsible for system-wide coordination of early warning—apart from the ACC Task Force on Long-term Objectives, mainly oriented towards economic forecasting. Now ORCI [the Office for Research and the Collection of Information] has been designated as a system-wide central focal point for coordinating early warning of refugees and displaced persons. Through this working group, strategies, methodologies and procedures will be established for developing steps towards providing early warning as a system-wide input.
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The usefulness of early warning depends on how the entities concerned react to it. Therefore a strengthened structure for coordinating mechanisms on humanitarian emergencies would certainly extend the role of early warning . . . With regard to the gap in the UN mandate, it may be necessary to develop additional legal instruments and acceptable practices which could cover the wide scope for protecting the humanitarian aspect of mankind. A major step to reactivate, build-up, and make use of the capacity for early warning is to have the will (italics added). (pp. 224, 225, 226)
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Kurth, Steven (1994). “Real-Time Test Cases for Early Warning.” Special Issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development, ,4(1):77–78. This is basically the report of a feasibility study conducted in regard to the use of the Global Events Data System (GEDS) facilities at the University of Maryland to ascertain the potential of “real-time monitoring of events where conflicts are either underway or there is a substantial threat of violent conflict in the near future” (p. 77).
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Last, David (2003). “Early Warning and Prevention of Violent Conflict: The Role of Multifunctional Observer Missions,” pp. 157–181. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations Press. In the introduction, Last, a major in the Canadian Armed Forces, notes that This chapter begins with a look at the sort of information that is needed if prevention is to have a chance. The limitations and strengths of traditional [both UN and civilian) fact-finding and observation missions suggest [the need to] expand the concept of observer missions to include political, social, economic, and psychological dimensions of the conflict. By collecting the right sort of information and interpreting it accurately, we might link resulting knowledge of potential violence directly to the international community’s ability and will to respond to it. Even after the violence starts, prevention efforts continue. Giving observer missions a voice through liaison and public affairs resources can help them to spur appropriate regional and international responses, whatever stage the conflict has reached. (pp. 157–158)
The chapter is comprised of the following sections: Information for Early Warning; Fact-Finding and Military Observers; How Can Early Warning and Prevention Work?; Collecting Information (Political and Social Information, Economic Information, Information About the Media, Military Information); Establishing a Multifunctional Mission; and From Information to Action.
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761.
Littell, Franklin (1999). “Early Warning System (EWS),” pp. 261, 263–265. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume 1. Santa Barbara, CA: ABC CLIO Press. In his introduction to this encyclopedic entry, Littell states that “The Early Warning System (EWS) is a scientific method for performing two services. First, by use of the designed questions it is possible to identify a potentially genocidal movement. Second, by use of a parallel set of designed questions it is possible to discern when a legitimate government is becoming vulnerable to replacement by a populist elite practicing terror as a weapon of ideological warfare” (p. 261). The entry concludes with the delineation of sixteen “designation points [that] are pertinent for identifying . . . potentially genocidal cadres” (p. 263). Littell asserts that “No single point in the grid is enough to define the problem, but a kairos or pattern of 8 or 10 should be enough to start red flags waving and alarm bells ringing” (p. 264).
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Lund, Michael S. (1998). “Not Only When to Act, But How: From Early Warning to Rolling Prevention,” pp. 155–166. In Peter Wallensteen (Ed.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. In his introduction, Lund, a senior associate of the Center for Strategic and International Studies in Washington, D.C., asserts that “Early warners must be concerned that effective preventive responses will follow once early warnings are issued . . . [F]ront to back linkage between early warnings and possible preventive responses is [an] urgent priority” (p. 155). The purpose of this essay is to attempt to answer the following questions posited by the author: 1. What kinds of knowledge do would-be preventive policymaker needs for responding effectively to early warnings?; 2. To what extent does most current warning work provide that knowledge; 3. What are some ways to fill the evident gap?; and 4. What knowledge do early responders need?
763.
Marks, Edward (1996). Complex Emergencies: Bureaucratic Arrangements in the UN Secretariat. Washington, D.C.: National University Press. 97 pp. Marks, a retired senior U.S. Foreign Service officer, observes and then reports that Two U.N. agencies have now developed . . . formal early warning systems: • UNEP: GEMS (Global Environmental Monitoring Survey), and • FAO: GIEWS (Global Information and Early Warning System)
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. . . DHA began designing its own Humanitarian Early Warning System (HEWS) in summer of 1993. It is intended to compile and analyze information from several and varied sources with the purpose of identifying potential crises and humanitarian implications. By January 1995, DHA staff completed a prototype country early warning format, which includes a database, trend evaluation, and analysis process. DHA had created approximately 100 country profiles by late spring 1995 and planned to produce the first country assessment by mid-1995. HEWS draws upon the existing U.N. system of organizations including the Bretton Woods institutions, international and intergovernmental organizations, NGOs, and public information sources as well as the existing agency warning systems and databases mentioned above. HEWS database includes . . . quantitative indicators [and] qualitative information from a variety of sources, graphical trends evaluation, and analyses generated by the application of neutral network techniques. Updated continually, it will generate products such as country profiles, and regional summaries, and trend analyses. Defined critical factors will be monitored for changes and, when necessary, used to produce early warning signals. The HEWS system will produce periodic general reports, early warning signals, follow-up reports, country profiles, maps, and their products (written and Internet) as necessary. Of wider scope is the proposal for an electronic information-sharing system, using the INTERNET, for humanitarian operations. To be called ReliefWeb, it will be managed by DHA, and HEWS will be a contributor. Relief Net is being co-sponsored by various governments, NGOs such as Interaction, and the International Council of Voluntary Agencies (ICVA) in Geneva. DHA has hired a project manager to set it up with the intention to have it in operation by the end of the year. Relief Net will deal strictly with information, not analysis or predictions, and will be designed to serve as a data base and an early warning system for the global humanitarian assistance community. (pp. 27–28)
764.
McCleary, Rachel M. (2002). “Guatemalan Indigenous NGOs and Their Capacity for Early Warning,” pp. 93–109. In Robert I. Rotberg (Ed.) Vigilance and Vengeance: NGOs Preventing Ethnic Conflict in Divided Societies. Washington, D.C.: Brookings Institution Press. In this chapter, McCleary, professor of Government at Georgetown University, “considers whether an early warning system is possible among indigenous NGOs and how such a system, in turn, might assist international organizations in better understanding the situation in Guatemala” (p. 94).
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Miskel, James F., and Norton, Richard J. (1997). “The Paradox of Early Warning.” The Journal of Humanitarian Assistance. Available at http://www. jha.ac/articles/a017.htm Miskel (professor of National Security Affairs at the U.S. Naval War College in Newport, Rhode Island) and Norton (adjunct professor at Florida International University in Miami, Florida) argue that
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The American (and presumably Canadian and European) public will always be sparing of its resources—that is how it should be. After all, the philosophy of democracy is that the people who own the resources should decide how those resources should be taxed and spent. To be consistent with this philosophy, early warning systems would have to focus on providing information to the public as well as to experts-in-government. In a sense, we already have such a system—the media. An early warning system that basically replicates the services that the media provides would not, in our view, be a productive investment.
Editor’s Note: The above argument is not sound in a number of ways, but particularly in its assumption that the media currently provides ample early warning signals of pending crisis. In fact, far too often, by the time the media begins coverage of a major human rights crisis and/or violent conflict, the latter has exploded into mass violence, including massacres and genocide. What is needed in the way of an early warning system is a flow of indicators noting incipient problems in an area so that preventive diplomacy, conflict resolution, and other components/programs can be put in place in an effort to avoid potential violence. 766.
Onishi, A. (1986). “A New Generation of the ‘FUGI’ Model—A Global Early Warning System for National and International Conflicts,” pp. 39–55. In H. Chestnut (Ed.) Contributions of Technology to International Conflict Resolution. New York: Pergamon Press. The focus of this essay is two-fold: first, to introduce ongoing global modeling activities at Japan’s Soka University’s Institute of Applied Economic Research; and second, to highlight and discuss a new generation of the FUGI Model designed to serve as a global early warning system (GEWS) for national and international conflicts. In regard to the latter, the author discusses the following: (1) scope and methodology; (2) the main features of the Global Early Warning System (GEWS); and (3) measures to prevent occurrences of national and international conflicts.
767.
Organization of African Unity (OAU) (2001). “International Panel of Eminent Personalities (IDEP): Report on the 1994 Genocide in Rwanda and Surrounding Events (Selected Sections).” International Legal Materials, 40:140–235. In the abstract accompanying this report, it is stated that The Organization of African Unity (OAU) formed the International Panel of Eminent Personalities [Panel] to investigate the Rwandan genocide and to contribute to the prevention of further conflicts in the region. The Panel endorsed the finding of the earlier Carlsson Inquiry report that “the U.N.’s Rwandan failure was systemic and due to a lack of political will” (p. 140). The Panel found that “[j]ust about every mistake that could be made was made” (p. 140).
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The Panel found that the U.N. did not perceive the U.N. Assistance Mission to Rwanda (UNAMIR) as a particularly difficult mission, and so did not provide UNAMIR with an adequate force or mandate. The Panel also argued that the U.N. had compromised its integrity by maintaining “insistent and utterly wrong-headed neutrality regarding the genocidaires.” The Panel suggested that the U.N. Security Council and Secretariat had paid too much attention to cease-fire negotiations rather than ending the massacres. The Panel also condemned U.N. bureaucrats and Western countries for evacuating foreign nationals while leaving behind Rwandans who would soon be slaughtered. The Panel found clear evidence that “a small number of major actors,” including Belgium, France, and the United States, could have directly “prevented, halted, or reduced the slaughter.” . . . The Panel called for a substantial re-examination of the 1948 Genocide Convention with attention to, interalia: 1. the definition of genocide; 2. a mechanism to prevent genocide; and 3. the legal obligation of states when genocide is declared. The Panel also proposed the institution of a special Rapporteur for the Genocide Convention, within the office of the U.N. High Commissioner for Human Rights, to provide the U.N. Secretary-General and Security Council with pertinent information concerning situations that are at risk for genocide. (p. 140)
The report is comprised of the following: Executive Summary; “Introduction”; 1. “Genocide and the 20th Century”; 2. “The Roots of the Crisis to 1959”; 3. The “First Republic: 1959-1973”; 4. “Habyrimana’s Regime: 1973-Late 1980s”; 5. “Economic Destabilization After 1985”; 6. “The 1990 Invasion”; 7. “The Road to Genocide: 1990-1993”; 8. “The Arusha Peace Process”; 9. “The Eve of the Genocide: What the World Knew”; 10. “The Preventable Genocide: What the World Could Have Done”; 11. “Before the Genocide: The Role of the OAU”; 12. “Before the Genocide: France and the United States”; 13. “Before the Genocide: The Role of the United Nations”; 14. “The Genocide”; 15. “The World During the Genocide: The United Nations, Belgium, France, and the OAU”; 16. “The Plight of Women and Children”; 17. “After the Genocide”; 18. “Justice and Reconciliation”; 19. “The Kivu Refugee Camps”; 20. “The Region After Genocide”; 21. “The Role of the OAU Since the Genocide”; 22. “The RPF and Human Rights”; 23. “Rwanda Today”; and 24. “Recommendations.” 768.
Ramcharan, Gangapersand (1992). “Early Warning in United Nations Grand Strategy,” pp. 181–193. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. In his introduction, Ramcharan asserts that “[N]ot locating early warning activities within the context of a United Nations grand strategy could lead to difficulties or to disappointments in the performance of early warning and preventive systems” (p. 181).
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The chapter is comprised of the following sections: The Need for a United Nations Grand Strategy, Elements of a United Nations Grand Strategy, Early Warning and Prevention as Part of a United Nations Grand Strategy, and Concluding Observations. 769.
Renninger, John P. (1989). “Early Warning: What Role for the United Nations?”, pp. 207–219. In John P. Renninger (Ed.) The Future Role of the United Nations in an Interdependent World. Boston, MA: Martinus Nijhoff Publishers. In this chapter, Renninger, an employee of the United Nation’s Institute for Training and Research (UNITAR), reviews the concept of early warning and describes various UN activities and institutional arrangements through 1989 “that could be categorized as falling within the domain of early warning” (p. 207). He also offers suggestions for enhancing the role of the UN in the area of early warning, and provides an analysis of the UN’s role in early warning.
770.
Rotberg, Robert I. (Ed.) (1996). Vigilance and Vengeance: NGOs Preventing Ethnic Conflict in Divided Societies. Washington, D.C. and Cambridge, MA: Brookings Institution Press and the World Peace Foundations, respectively. 277 pp. This book is comprised, in part, of the following parts and chapters: International Preventive Action (“Introduction” by Emily MacFarquhar, Robert I Rotberg, and Martha A. Chen; 1. “International Preventive Action: Developing a Strategic Framework” by Kalypso Nicolaïdis); Guatemala (2. “The Search for Peace and Justice in Guatemala: NGOs, Early Warning, and Preventive Diplomacy” by Tom Lent; 3. “Guatemalan Indigenous NGOs and Their Capacity for Early Warning” by Rachel M. McCleary); Macedonia (4. “International NGOs in Preventive Diplomacy and Early Warning: Macedonia” by Eran Fraenkel; 5. “NGOs, Early Warning, and Preventive Action: Macedonia” by Violeta Petroska Beska); Rwanda (6. “Making Noise Effectively: Lessons from the Rwandan Catastrophe” by Alison L. Des Forges); Burundi (10. “Humanitarian Assistance and Conflict Prevention in Burundi” by Richard A. Sollom and Darren Kew); NGOs, Early Action, and Preventive Diplomacy (11. “Conclusion: NGOs, Early Warning, Early Action, and Preventive Diplomacy” by Robert I. Rotberg).
771.
Rowlands, Dane, and Joseph, Troy (2003). “The International Monetary Fund and Conflict Prevention,” pp. 207–230. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations University Press.
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The authors (a professor of international affairs and a Ph.D. candidate in economics, respectively), analyze the role of the International Monetary Fund (IMF) in regard to civil conflict. More specifically, It begins by reviewing the literature linking economic factors generally, and IMF programmes specifically, with civil conflict. A second section presents a statistical analysis of civil conflict with a focus on Fund activity. A review of IMF conditionality and its possible connection to conflict is then provided. Then the role of the IMF in conflict early warning, prevention, and resolution and reconstruction is discussed. A final section presents some preliminary policy lessons and outlines future research issues. (p. 207)
772.
Rupesinghe, Kumar (1994). “Early Warning and Preventive Diplomacy.” Special Issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):88–97. In his abstract, Rupesinghe, secretary general of International Alert (London), states that “There is an urgent need for a global early warning that can predict internal (racial, ethnic, social) conflicts, thus enhancing prevention or mitigation. The potential of the information revolution’s capacity to overcome the deficiencies of the UN, and other international non-governmental agencies is examined. The change from being ‘reactive’ to ‘preventive’ in analyzing the development of a conflict is presented by a global, multi-sectional approach utilizing information and decision makers at local, regional and international levels” (p. 88). The sections that comprise this essay are: The Evolution of Early Warning; Phases of Conflict Escalation; Why Has Early Warning Been Unsuccessful?; The Information Revolution and Early Warning; Connecting With Users (in which Rupesinghe notes that “one of the crucial problems for any early warning system is how to get the right information to the right people at the right time” (italics added), p. 94); Designing a Global System for Early Warning and Conflict Prevention (in which Rupesinghe discusses regional workshops and studies, an early warning information service, and annual global conflict analysis meetings); Generating the Political Will for Action; and The Role of International Alert.
773.
Rupesinghe, Kumar (1999). “Forum for Early Warning and Emergency Response (FEWER),” pp. 265–267. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume I. Santa Barbara, CA: ABC CLIO Press. In this encyclopedic entry, Rupesinghe reports that In an attempt to address the manifold difficulties of establishing an effective early warning system that can provide reliable information in a coherent and accessible way, a coalition of IGO [intergovernmental organizations] representatives, U.N. agencies, and NGOs [non-governmental organizations], including
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International Alert, have developed the FEWER project. It was launched as a concept in 1996 and is still in the development stage as of 2000. (p. 265)
Rupesinghe goes on to note that FEWER distinguishes itself from other early warning initiatives in a number of important ways. First, it is highly action-oriented, directly linking conflict early warning to early action. Secondly, it works to provide decision makers with balanced, timely and reliable information and analysis on conflict-threatened countries and regions as well as possible policy responses based on and tailored to local needs and capacities for peace. Finally, and perhaps most significantly, FEWER is a collaborative effort on a global scale encompassing existing early warning projects and capitalizing on expertise drawn from both the Northern and Southern Hemispheres. Ultimately, its objective is to develop a single coherent system of conflict indicators, and analysis and policy recommendations in order to identify opportunities for conflict prevention and provoke constructive responses from the international community. (p. 265)
774.
Rupesinghe, Kumar with Sanam Naraghi Anderlini (1998). Civil Wars, Civil Peace: An Introduction to Conflict Resolution. London: Pluto Press. 179 pp. Chapter 3 deals specifically with the issue of early warning: From Early Warning to Early Action (The Continuum of Conflict; Sounding the Alarm— Devising a System for Early Warning; Information Gathering; Information Analysis; Responding Appropriately; Reasons for Failure–Lessons from Early Warning Systems; Generating Early Action; Taking Action; A Range of Options; and Skeptics and Critics).
775.
Rupesinghe, Kumar, and Kuroda, Michiko (Eds.) (1992). Early Warning and Conflict Resolution. New York: St. Martin’s Press. 283 pp. This book’s focus is not genocide, per se, but rather the development and implementation of early warning systems used for various types of conflicts (e.g., “forced migrations,” famine, major human rights violations—including genocide). That said, the conceptual work on most of the early warning systems highlighted herein are germane to various aspects vis-a-vis the development of a genocide early warning system. The book is comprised of the following eleven chapters: 1. “Early Warning: Conceptual and Practical Issues” by Leon Gordenker; 2. “Human Rights Monitoring: Lessons Learnt from the Case of the Issaks in Somalia” by Greg Beyer; 3. “Dangerous States and Endangered Peoples: Implications of Life Integrity Violations Analysis” by Helen Fein; 4. “Peaceful Settlement of Post-1945-Conflicts: A Comparative Study” by Hugh Miall; 5. “Famine Early Warning and Local Knowledge: The Possibilities for Pro-Active
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Responses to Stress” by Peter Walker; 6. “The United Nations and the Resolution of Ethnic Conflict” by Stephen Ryan; 7. “Political and Cultural Backgrounds of Conflict and Global Governance” by Kinhide Mushakoji; 8. “Information Aspects of Humanitarian Early Warning” by Hans Thoolen; 9. “Early Warning in the United Nations Grand Strategy” by Gangapersand Ramcharan; 10. “Socio-political Indicators for Early Warning Purposes” by Jürgen Dedring; and 11. “Early Warning Capacity of the United Nations: Prospects for the Future” by Michiko Kuroda. 776.
Rupesinghe, Kumar, and Nyheim, David with Maha Kahn (2001). “A Review of Research and Practice in Early Warning and Early Response: Lessons Learned and Policy Issues,” pp. 397–420. In Hayward R. Alker, Ted Robert Gurr, and Kumar Rupesinghe (Eds.) Journeys Through Conflict: Narratives and Lessons. Lanham, MD: Rowman & Littlefield Publishers. The authors state that This chapter charts the complex waters of early warning research and practice. It seeks to draw out an understanding of future directions and key policy issues in early warning by reviewing and assessing the work of key experts in the field. The chapter looks at definitions of early warning, provides a rough overview of the historical milestones in the early warning literature, situates early warning in relation to different kinds of responses to conflict, and reviews lessons learned in early warning methodology and practice. It concludes with a review of policy implications and future directions for the field. (p. 397)
777.
Scheffer, David (1998). “The United States’ Measures to Prevent Genocide.” Speech delivered on December 10, 1998, at the United State Holocaust Memorial Museum. Washington, D.C. 10 pp. Available on the Internet under the title of the speech and under the heading of “Atrocities Prevention Interagency Working Group.”) Scheffer, the ambassador at large for war crimes at the United States Department of State, discusses, among other issues, the following: the critical need for a genocide early warning system; the fact that the U.S. government established a genocide early warning system on the very day this talk was given; that U.S. Secretary of State Madeline Albright had recently established “the War Crimes and Atrocities Analysis Division in the Bureau of Intelligence and Research, whose job, in part, will be to help “to improve the collection, analysis, and dissemination of all-source reporting on war crimes against humanity and genocide” (p. 5); “the critical need to “improve the international community’s capability to react multinationally and rapidly to these crimes” (p. 5); and the focus of the International Coalition Against Genocide. In regard to the latter, he states, in part, that the Coalition will foster international coordination “to enforce anti-genocide measures, [and
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to] provide a forum for high-level deliberations on long-term efforts to prevent genocide in the future” (p. 6). 778.
Schmalberger, Thomas, and Alker, Hayward R. (2001). “Exploring Alternative Conflict Trajectories with the CEWS Explorer,” pp. 354–394. In Hayward R. Alker, Ted Robert Gurr, and Kumar Rupesinghe (Eds.) Journeys Through Conflict: Narratives and Lessons. Lanham, MD: Rowman & Littlefield Publishers. In their introduction to this chapter, the authors note the following: The rationale of our research on potentially violent intergroup conflict is to better understand past conflicts in order to prevent future violence and to abate or terminate current violence. The underlying assumption of these efforts is that violent situations are not the predetermined outcome of forces beyond the control of the relevant actors in those situations. It is rather the interaction between these actors that makes the escalation of conflicts possible, and consequently avoidable. Conflict early warning research is precisely concerned with identifying indicators for when a situation can possibly turn more violent, and if a conflict with the possibility of violence has already erupted, when a further escalation can possibly occur. Conflict mediation, management and resolution, on the other hand, are concerned with designing strategies to avoid those possibilities, and to seize those opportunities that can abate or resolve such a conflict. Hence, an intrinsic component of conflict research is the identification, assessment, and exploration of possibilities, and thus, counterfactual analysis. . . . [A]s Max Weber explained, any claim about the importance of a particular event involves counter-factual claims stating that under different conditions this event would not have occurred (Weber 1949). . . . However, the problem that scholars face is to assess the validity of counterfactual arguments, that is, to determine the conditions under which some claims are to be considered possible while others are not . . . . . . We will begin with a discussion of what the study of possibilities entails. In a second step, we will apply the results of this discussion to the integrative framework developed in Chapter 11. [Editor’s note: For an annotation of chapter 11, see the next annotation in this chapter.] We will argue that this framework lends itself for a systematic exploration of possibilities, and we will illustrate, with the twenty cases of the CEWS project, how a set of rules can be formulated whose application produce empirically grounded counterfactual scenarios. In a third step, we will discuss, and illustrate, how these rules can be built into a computer simulation that allows one to generate scenarios of alternative pasts and futures that inform further analysis as well as policy making. (pp. 354, 355)
779.
Schmalberger, Thomas, and Alker, Hayward R. (2001). “A Synthetic Framework for Extensible Conflict Early Warning Information Systems,” pp. 318–353. In Hayward R. Alker, Ted Robert Gurr, and Kumar Rupesinghe
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(Eds.) Journeys Through Conflict: Narratives and Lessons. Lanham, MD: Rowman & Littlefield Publishers. In their introduction, the authors state that We will begin the development of an integrative framework by building up and incorporating some of the conceptual ideas proposed by, and/or entailed, in this volume’s previous contributions. This discussion will reveal gaps between the concerns of scholarly forecasters and practical interveners, between scholarly categories and participant perspectives, and among paradigmatic epistemologies; it should demonstrate the extent to which the proposed framework is capable of bridging them. To test the validity of the framework we will then illustrate how it is capable of integrating the narratives and/or chronologies of the various contributions. Notice though that this framework has a different objective than any of the other contributions, and uses them only to test its applicability. The diversity of these contributions in terms of methods, data, and geographical and analytical focus was intended not only to illustrate how differently conflict early warning research can be conducted, but also to describe the challenge that an integrative framework faces. (p. 320)
780.
Snyder, Richard C., Hermann, Charles F., and Lasswell, Harold D. (1976). “A Global Monitoring System: Appraising the Effects of Government on Human Dignity.” International Studies Quarterly, 20(2):221–260. “The authors argue for the development of a global monitoring system of nations ‘based on their value systems with regard to hostility towards others, perception of threat from others, valuing of humanity and life’ for the purpose of providing an index of government impact on what the authors sum up as ‘human dignity’.” (Annotated by Israel W. Charny, “Intervention and Prevention of Genocide.” In Genocide: A Critical Bibliographic Review. New York: Facts on File, 1988, p. 37.)
781.
Spencer, William J. (1994). “Implications for Policy Use: Policy Uses of Early Warning Models and Data for Monitoring and Responding to Humanitarian Crises.” Special Issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1): 111–116. In his abstract, Spencer, a member of the Board of Directors of International Alert, states: “Early warning data (EWD) lacks timeliness, ease of use, and accessibility for effective use by the end-user (an individual or institution that impacts a crisis). Quality of data is not discussed in current models” (p. 111). In part, Spencer goes on to state that: It should be recognized that EWD may compete with other messages the target policy maker is receiving (p. 112); The EWD process should be viewed as a “pipeline” or flow chart of activities much in the same way as a business process
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has steps or places of activity (p. 112); The results of EWD should be expressed in repeated messages, not single reports or surveys (p. 113); Everywhere should be considered everyone’s sphere of influence (p. 113); Scenario development may help to prepare policy makers for greater utilization of early warning data information (p. 113); [and] The message should be put into a form and format that the end-user can easily understand, manipulate, and convincingly use to influence other policy makers. (p. 113) .
782.
Sutterlin, James S. (1998). “Early Warning and Conflict Prevention: The Role of the United Nations,” pp. 121–129. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. In this short essay, Sutterlin, Distinguished Fellow in UN Studies and Lecturer at Yale University, discusses the following issues regarding the role of the United Nations vis-à-vis early warning and conflict prevention: the UN Charter Mandate; elements of early warning (information, analysis, the channel relationship between those submitting the early warning messages and those who have the power to take preventive action, institutional division of labor, regional organizations); and conflict prevention (responsibility, prevention requests, and division of labor).
783.
Thoolen, Hans (1992). “Information Aspects of Humanitarian Early Warning,” pp. 167–180. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. Head of the United Nations Office of the High Commissioner for Refugees, Thoolen discusses the following questions as they relate to the development and implementation of an effective humanitarian early warning system: “Is there now more appropriate information at hand?”; “Are indicators now operational?”; “Are there now more and better tools for storage, retrieval and communication?”; “Is there now more capacity to act on early information?”; and, “Are there now more resources devoted to early warning?”
784.
Totten, Samuel (2003). “To Deem or Not To Deem ‘It’ Genocide: A Double-Edged Sword,” pp. 41–55. In Robert S. Frey (Ed.) The Genocidal Temptation: Auschwitz, Hiroshima, Rwanda, and Beyond. Lanham, MD: University Press of America. In addition to discussing how the media, outside governments, and scholars have, over the years, often misjudged the genocidal nature of various massacres, Totten delineates a series of recommendations for “remedying the problem of too little, too late’.” In doing so, he, in part, presents the concept of establishing “early warning teams” across the globe.
785.
United Nations (2001). Report of the Panel on United Nations Peace Operations. New York: Author. 370 pp.
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This is the report (also known as the Brahimi Report, named after the chair of the group that wrote the report) of the panel convened by U.N. Secretary General Kofi A. Annan to undertake a thorough review of the United Nations peace and security activities, and to present a set of concrete recommendations to improve such activities. Among the many recommendations of this distinguished panel are: (1) A focus by the United Nations system on conflict prevention and its early engagement, wherever possible; and (2) The need to have more effective collection and assessment of information at United Nations headquarters, including an enhanced conflict early warning system that can detect and recognize the threat or risk of conflict or genocide. Available at http://www. un.org/peace/reports/peace_operations/docs/full_report.htm. 786.
van Walraven, Klaas (Ed.) (1998). Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. 204 pp. This book is the result of an international symposium on early warning and conflict prevention held at the Netherlands Institute of International Relations “Clingendael” in November 1996. The book is comprised of ten chapters (plus an appendix and a bibliography): 1. “Introduction”; 2. “Inter-governmental Organizations and Preventing Conflict: Political Practice Since the End of the Cold War” by Klaas van Walraven; 3. “Humanitarian and Conflict-oriented Early Warning: A Historical Background Sketch” by Howard Adelman; 4. “Difficulties in Early Warning: Networking and Conflict Management” by Howard Adelman; 5. “Acting Early: Detection, Receptivity, Prevention, and Sustainability: Reflecting on the First Post-Cold War Period” by Peter Wallensteen; 6. “From Information to Political Action: Some Political Prerequisites” by Ruddy Doom; 7. “Early Warning and Conflict Prevention: The Role of the United Nations” by James S. Sutterlin; 8. “Prospects for a Division of Labour: African Regional Organizations in Conflict Prevention” by Gilbert M. Khadiagala; 9. “Peace-Building and African Organizations: Towards Subcontracting or a New and Sustainable Division of Labour” by Timothy M. Shaw, Sandra J. MacLean and Katie Orr; 10. “Conclusion.” The Appendix, “Debating Early Warning and Conflict Prevention” is basically an outline of the discussions that were generated by the papers presented at the symposium.
787.
van Walraven, Klaas (Ed.) (1998). “Inter-governmental Organizations and Preventing Conflicts: Political Practice Since the End of the Cold War,” pp. 19–44. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. 204 pp. In this chapter, van Walraven, a political scientist and researcher at the Netherlands Institute of International Relations, focuses on the various ways in
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which conflict prevention and early warning have become part of the political agenda of international organizations. Among the organizations discussed are inter-governmental institutions (that is, international organizations such as the United Nations, the Organization for Security and Cooperation in Europe (OSCE), and the Organization of African Unity (OAU)). The subtitles in this chapter provide a solid sense of the focus of the piece: Early Warning and Conflict Prevention in Politics: Conceptual Fluidity; Early Warning Systems in Practice; Conflict Prevention: Official Policies Versus the Practice: When Do International Organizations Respond?; Signals of Conflict and Concepts of Security; and Responses to Potential Violence: Procedures and Institutional Arrangements (OSCE, ASEAN, UN, OAS, OAU, CMCA). In his concluding remarks, van Walraven says: Intergovernmental organizations seldom have fully fledged early warning systems . . . yet they often possess institutional and procedural arrangements relevant to the containment, if not prevention, of violent conflict. . . . It has been suggested that some of OSCE’s experiences could perhaps be usefully copied by other international organizations. [O]ne, however, should caution against facile arguments about . . . transferring those experiences to other political and cultural contexts [and] against euphoric assessments of the OSCE. One may wonder whether international organization-managed change of domestic political and economic configurations and structures is not a bridge too far. A detailed study of the failures of UNOSOM in Somalia ended by listing numerous tasks that the UN should in the future try to take on, if it wanted to make a difference in situations marked by state collapse—activities that belong, paradoxically, to the archetypal functions of a state. . . . . . . [T]he growing importance of international organizations in conflict management is related not so much to a rational consideration of their capabilities and the requirements posed by a crisis situation, as to the effects of the end of the Cold War and resultant withdrawal of superpower concern within zones of conflict. International organizations have been given tasks that were partly performed by the superpowers . . . without an increase in capabilities and stature comparable to that of those former actors. If media visualization of the misery of civil war may generate sufficient moral repercussions to force international institutions to take action, this is usually not enough to compensate for the lack of political will among their member states to act. . . . [F]orceful action by the UN or other organizations may alternate with hesitation and precipitous withdrawal from the . . . operation. The UN’s actions in Rwanda in 1994 are pertinent here. Still, the ideas that have been articulated by political scientists under the headings of early warning and conflict prevention would, if implemented even to a limited extent, go a considerable way in shoring up the capabilities of international organizations to manage conflict. (pp. 43–44)
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10 Prevention: Early Warning Indicators/ Signals of Potential Crimes Against Humanity and/or Genocide
788.
Aall, Pamela (2000). “NGOs, Conflict Management, and Peacekeeping” pp. 121–141. In Tom Woodhouse and Oliver Ramsbotham (Eds.) Peacekeeping and Conflict Resolution. London and Portland, OR: Frank Cass Publishers. Aall, the director of the Education Program for the U.S. Institute of Peace, argues that “despite their different decision-making structures, sources of support, and missions, NGOs can undertake a great variety of conflict management roles; among them, providing early warning of impending conflict” (p. 137).
789.
Adelman, Howard (1998). “Difficulties in Early Warning: Networking and Conflict Management,” pp. 51–81. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. Adelman, professor of Philosophy at York University in Toronto, discusses, among others, the following issues: the definition of early warning, the symbiosis of early warning and conflict management, structural and precipitating factors that might lead to violence, problems inherent in early warning systems and related structural dimensions, lessons gleaned from the 1996 intra-state war and humanitarian crisis in Zaire, and the “labeling” of a crisis (lessons from the 1994 genocide in Rwanda). 413
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790.
Adelman, Howard (1999). “Early Warning and Prevention: The United Nations and Rwanda,” pp. 289–309. In Frances Nicholson and Patrick Twomey (Eds.) Refugee Rights and Realities: Evolving International Concepts and Regimes. New York: Cambridge University Press. In his introduction, Adelman notes that This chapter begins with a puzzle. Presumably, the United Nations and all our multi-lateral institutions were created, at least in part, to prevent another Holocaust. Yet an extremely large well-publicized genocide was carried out in 1994 in an economically poor and militarily weak Third World country, Rwanda, while UN troops were present. Further, the legal government and the rebel army in the Arusha Accords had jointly given the UN responsibility for protecting civilians and disarming non-military personnel who were largely responsible for actually carrying out the mass murders. This chapter outlines the information, communication, structural and other factors that undercut the UN’s ability to intervene in and stop the genocide in Rwanda. (pp. 289–290)
The chapter is comprised of the following sections: Introduction; UN Peacekeeping in Rwanda; Early Warning; The Information Available; Direct Observations; Communications; Structural Problems; Shadows; Coincidence; Timeliness; Toward a Comprehensive Explanation for Failure; Normative Factors; and Conclusion. 791.
Alker, Hayward R. (1994). “Early Warning Models and/or Preventive Information Systems.” Special issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):117–123. In this piece, Alker, professor of Political Science at the Massachusetts Institute of Technology, argues that “The utility of quantitative and narrative models must be addressed to accommodate the variety and nuances of data and variables that should be included in an effective model” (p. 117). In the course of his essay, he raises the following three questions: “How much useful knowledge is stored in general models?”; “Should early warning research be focused on genocides and politicides?; and “Are information systems or general models more important?” A particularly significant point that Alker makes is as follows: “ . . . if we are to learn what increases effective early warning responses, we must systematically gather and tabulate data on the actions and (proposed but not undertaken) inaction of possible respondents to such warnings, in order to learn what makes, or might make, for more efficacious responses” (p. 120).
792.
Beyer, Gregg A. (1992). “Human Rights Monitoring: Lessons Learnt from the Case of the Issaks in Somalia,” pp. 15–35. In Kumar Rupesinghe and
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Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. In the introduction of Early Warning and Conflict Resolution, editor Kumar Rupesinghe states that “Beyer draws attention to the large gaps and lapses that still exist within human rights monitoring, where reporting is frequently episodic, incidental and fragmented. While arguing for the development of human rights indicators, he also points out that there is no agency to coordinate the information already received, and suggests cross-cutting alliances between the human rights community, the refugee community, and various non-governmental entities and their governmental counterparts” (p. xix). Beyer’s chapter is comprised of the following sections: 1. “The Case of the Issaks of Somalia”; 2. “The United Nations Group of Government Experts” [which met to discuss international cooperation to avert flows of refugees]; 3. “Uniform Systematic Human Rights Monitoring and Rating” (3.1 Collection of Information: Monitoring Root Causes; 3.2 Collation and Dissemination; 3.3. Uses of the Information); 4. “Bridging Human Rights Monitoring and Government NGO Action”; 5. “Conclusion” (5.1 International and National Inaction: The Issaks and the Failure of Early Warnings: A Case Study); and 6. “Postscript.” At the outset of his essay, Beyer asserts that “The tragic situation of the Issaks of northern Somalia is about as close as one could come to a textbook case of human rights monitoring and the failure of early warning” (p. 15). In his “Postscript,” Beyer concludes with the following observation: “[B]ridge-building between the ‘human rights community’ and the ‘refugee community’ and between the various non-governmental entities and their governmental counterparts involved in these issues, remains elusive” (p. 33). 793.
Bigelow, Katharine R. (1992). “A Campaign to Deter Genocide: The Bahá’í Experience,” pp. 189–196. In Helen Fein (Ed.) Genocide Watch. New Haven, CT: Yale University Press. In discussing the systematic persecution of the Bahá’í community by the Islamic Republic of Iran since 1979, Bigelow reports on the initial response to such persecution and the subsequent international response. The latter highlights the various efforts by the Bahá’ís to draw sustained attention to the fate of their brethren in Iran. For example, the U.S.-based Bahá’í s sought the assistance of a public relations firm, which, in turn, arranged for the Bahá’ís to meet with officials at the U.S. State Department and to contact congressional offices. Ultimately, the U.S.-based-Bahá’ís presented testimony at several U.S. House of Representatives’ hearings, and the result
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of their efforts was the passage of pertinent resolutions by the U.S. House and Senate. Collectively, the Bahá’í s also flooded local and national press with articles, personal accounts of refugees, and letters to the editor regarding the fate of the Iranian Bahá’í s. 794.
Bigo, Didier (1994). “Early Warning of Communal Conflict: A French Perspective.” Special Issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July 4(1):36–43. The focus of this essay is the Polemos Project whose purpose “was to gather data regarding conflicts in the world on a daily basis and, through the use of computer technology, to gain a better understanding of the evolution of political conflicts” (p. 41). The essay also includes a short but thought-provoking section entitled “Early Warning: Some Pitfalls of Research.”
795.
Both, Norbert (2000). From Indifference to Entrapment: The Netherlands and the Yugoslav Crisis 1990–1995. Amsterdam: Amsterdam University Press. 265 pp. From Indifference to Entrapment examines how the Netherlands dealt with the Yugoslav crisis during the years 1990–1995, a period when the crisis erupted into areas of conflict and genocidal massacres. It was also during a time period when the Netherlands held the EC/EU Presidency, and ultimately provided the peacekeeping presence in Srebrenica (a so-called safe area where mass slaughter of Bosnian Muslim men and boys by Serbs ended up being perpetrated). Among the many questions the author, who works at the Netherlands Ministry of Foreign Affairs, examines in this book is: “Did early warning work?”
796.
Boutros-Ghali, Boutros (1995). Confronting New Challenges, 1995: Report on the Work of the Organization From the Forty-Ninth to the Fiftieth Session of the General Assembly. New York: United Nations. 380 pp. In part, Boutros-Ghali, the secretary general of the United Nations, discusses the United Nation’s new early warning system. More specifically, he asserts and then reports the following: A functioning early warning system is critically important for the timely planning and implementation of pre-emptive action. The Humanitarian Early Warning System has been created to provide up-to-date warnings of country crisis situations through analysis of its data-base, drawing upon the various early warning mechanisms of other United Nations agencies as well as nonUnited Nations information sources. The system is made up of a database that includes both statistical and other country-specific information, graphically
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presented trend evaluations and an analysis process that examines statistical and event information. The System completed its prototype in January 1995 and has expanded its country coverage as well as its depth of information on each country. It became fully operational in July [1995]. (p. 182)
797
Centre for Human Rights (1993). Human Rights and Refugees. Geneva: Author. 50 pp. This booklet highlights the issues of refugees and their human rights as well as the work of the United Nations on the behalf of refugees. The booklet is comprised of the following components: “Introduction”; “The United Nations and Refugees”; “International Refugee Organization”; “United Nations High Commissioner for Refugees”; “International Refugee Law”; “Other International Instruments”; “Regional Instruments”; “Human Rights and Refugees”; “Violations of Human Rights and Refugees (Violations of Human Rights as Origins of Mass Exodus; Violations of Rights of Refugees; Restrictive Measures; Ill-Treatment of Asylum-Seekers; Denial of Rights of Asylum-Seekers; Violations of the Rights to Life, Liberty and Security; Refugees and Xenophobia in Racist Aggression; Violations of Human Rights and Voluntary Return); and Conclusions.
798.
Chalk, Frank (1999). “Radio Broadcasting in the Incitement and Interdiction of Gross Violations of Human Rights, Including Genocide,” pp. 185–203. In Roger W. Smith (Ed.) Genocide: Essays Toward Understanding, Early Warning, and Prevention. Williamsburg, VA: Association of Genocide Scholars and the Department of Government, College of William and Mary. Chalk comments on how certain broadcasts by perpetrators serve as potential indicators of genocide, and basically argues that advocates of prevention and intervention of genocide need to seriously consider using radio transmissions as a tool for the “interdiction of genocide and gross violations of human rights” (p. 198).
799.
Clapham, Andrew (2002). “Human Rights,” pp. 232–252. In E. Wayne Nafziger and Raimo Väyrynen (Eds.) The Prevention of Humanitarian Emergencies. New York: Palgrave. This article’s focus is on “how human rights law and monitoring can be useful in two specific phases [of addressing violent conflict]. First, human rights information warns of an impending [humanitarian emergency]. Second, human rights instruments can be used in part to resolve the crisis” (p. 232). A lengthy part of the essay (pp. 235–243) addresses the “potential use of human rights information for early warning.” In part, the author notes that
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One human rights body has made a start in listing which criteria might be considered as relevant for early warning of tension turning into armed conflict (warfare). The Committee on the Elimination of All Forms of Racial Discrimination lists the following criteria: 1. the lack of adequate legislative basis for defining and criminalizing all forms of racial discrimination, as provided for in the Convention; 2. inadequate implementation or enforcement mechanisms, including the lack of recourse procedures; 3. the presence of a pattern of escalating racial hatred and violence, or racism propaganda or appeals to racial intolerance by persons, groups or organizations, notably by elected or other officials; 4. significant patterns of racial discrimination evidenced in social and economic indicators; and 5. significant flows of refugees or displaced persons resulting from a pattern of racial discrimination or encroachment on the lands of minority communities (p. 236).
800.
Cohen, Roberta, and Deng, Francis M. (1998). “Exodus Within Borders.” Foreign Affairs, July/August, 77(4):12–16. The authors, both with the Brookings Institution, argue that the internal displacement of people from their homes—often in the tens and hundreds of thousands—constitutes the newest global crisis. They go on to assert that not only does such internal displacement put the displaced persons at risk of starvation and human rights abuses, but such a phenomenon—a signal of state dysfunction—poses a serious economic and political threat at both the national and international levels. Significantly, they note that “Although their numbers now exceed those of refugees, no international institution is specifically charged with their protection or assistance” (p. 13).
801.
Connaughton, Richard (2000). “The Media of Hate,” pp. 39–48. In Stephen Badsey (Ed.) The Media and International Security. London: Frank Cass Publishers. In this essay, the author discusses the hate-mongering by Rwanda’s Radio Mille Colline prior to and during the 1994 genocide in Rwanda, and the “hate newspapers” in Burundi during the early 1990s.
802.
Dadrian, Vahakn N. (1988). “The Anticipation and Prevention of Genocide in International Conflicts: Some Lessons from History.” International Journal Group Tensions, 18(3):205–214. Dadrian, a noted expert on the Armenian genocide, argues that the seeds of potential genocidal actions are in the types of groups engaged in conflict and their on-going relationship to each other, the history and nature of the conflict, and the difference in the degree of power relationships between the groups.
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Davies, John L., and McDaniel, Chad K. (1994). “Event Data and Software for Early Warning.” Special issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):72–76. In their introduction, the authors describe the focus of their essay as follows: This paper first outlines the ongoing development of the Global Event-Data System (GEDS) Project. Its role in supporting the development, testing and application of conflict and crisis early warning is then discussed. This role is twofold. First, daily GEDS event-data can be used to identify “accelerators” and other fast-breaking events which may precipitate or inhibit a transition into crisis or violent conflict, depending on specific context or background conditions. Second, GEDS software is being developed to facilitate interfacing with other data sets specifying such background conditions or otherwise relevant to early warning, and to support the development, testing, and application of alternative models for combining such data into early warning indicators. We conclude with a brief review of our current research efforts, including the development of fully, automated, near-real-time event coding (“precoding”) and user software tools. (p. 72)
804.
Dedring, Juergen (1994). “Early Warning and the United Nations.” Special issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):98–104. This essay contains a section entitled “Early Warning of New Flows of Refugees and Displaced Persons.”
805.
Dedring, Jürgen (1992). “Socio-political Indicators for Early Warning Purposes,” pp. 194–213. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. In his introduction, Dedring makes the following observations: “In recent years, the international political scene has become the target of endeavors to anticipate the possible outbreak of international conflicts and thereby take measures to bring them to an early end before violence erupts.” Dedring goes on to state that The following pages constitute an exploratory essay about such socio-political indicators which are assumed to be indicative of conflictual action within states and about important theoretical and practical questions as regards the suggested measures for tension and conflict in societies. . . . The emphasis in this conceptual examination will be on those factors and events that are judged to be relevant for the realm of social conflict and that allow proper monitoring and specific analysis. . . . The principal part of this chapter consists of a rather detailed review of factors that have been identified as indicators for potential
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or incipient internal conflict. In this connection, criterion of whether and to what extent these indicators can be made operational in real life conditions will be of special significance. (p. 195)
This chapter, then, is comprised of the following sections: “Introduction”; “The Nature of Internal Conflicts”; “The Search for Indicators”; “Sociopolitical Indicators Reviewed”; “Government and Society—Sources of Conflict”; and “Conclusion: The Search for Operational Indicators.” 806.
Dorn, A. Walter, and Matloff, Jonathan (2000). “Preventing the Bloodbath: Could the UN Have Predicted and Prevented the Rwandan Genocide?” The Journal of Conflict Studies, 20(1):9–52. The authors conclude that Early warning of the Rwandan genocide was clearly possible for the UN, given the large number and types of signals [in existence]. What, then, about the prevention of genocide? Senior political leaders in both the UN and governments have already stated that the genocide could have been prevented or at least mitigated. But neither the politicians nor the practitioners (nor the academics for that matter) have described precise measures and detailed scenarios to demonstrate possible means of genocide prevention or mitigation. (p. 33)
The authors’ aim is to address the latter concern. The essay is comprised of the following sections: Background (Historical Review, and UN Mandate for Monitoring and Prevention); Early Warning Signals (Illicit Arms; Conscientious Informers; Nefarious Plotters; Vile Propaganda; Macabre Militia; Horrendous Human Rights Violations; Human Rights Organizations: Did They Do Better?); Preventive Action (Preventive Measures Before 6 April, and Preventive Measures After 6 April); Political Will; and Conclusion. The essay also includes the following appendix: “’The Genocide Fax’: Cable from UNAMIR Force Major Romeo Dallaire to UN Headquarters.” 807.
Dowty, Alan, and Loescher, Gil (2000). “Refugee Flows as Grounds for International Action,” pp. 305–333. In Michael E. Brown, Owen R. Coté Jr., Sean M. Lynn-Jones, and Steven E. Miller (Eds.) Nationalism and Ethnic Conflict: An International Security Reader. Boston, MA: The MIT Press. In their introduction, the authors, both of whom are professors of International Relations at the University of Notre Dame and fellows at the Kroc Institute for International Peace Studies, note the following: First, we argue that deriving a right of international intervention from the imposition of a refugee burden on other states is a reasonable extension of customary law. The reason that customary law did not deal with the issue was
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not because principles of state responsibility were not applicable, but because “the refugee problem” was not a problem in inter-state relations before the twentieth century. Second, we argue that, as a threat to peace and security, the imposition of refugees on other states falls under Chapter VII of the UN Charter and therefore legitimates enforcement action not subject to the limits of purely humanitarian intervention. Third, we argue that whatever the theoretical debates, international intervention as a response to refugee flows is quietly becoming a de facto norm in state declaration and practice. Mass movements of people in [such places as] northern Iraq have set precedents for international, regional, and unilateral intervention into the internal affairs of states. While this new norm may be emerging slowly and unevenly, intervention to prevent refugee flows is now a viable policy option in the international community. In a sense, recent developments in the internationalization of refugee-creating situations represent an extension to inter-state relations of John Stuart Mill’s basic principle of liberty among individuals: a state’s freedom from external intervention is now understood to end when its domestic actions (or inactions) begin to impinge significantly on other states. . . . We conclude our article by arguing that there is an emerging norm that intervention to present refugee flows may be justified on security grounds as well as humanitarian grounds. This link is logical, in that the flight of refugees serves as visible evidence of internal disorder and human rights violations that are of international concern. It also may provide the basis for criteria for outside intervention, which will become increasingly necessary as the global refugee problem acquires new international dimensions. (p. 307).
808.
Ezell, Walter K. (1992). “Newspaper Responses to Reports of Atrocities: Burundi, Mozambique, Iraq,” pp. 87–112. In Helen Fein (Ed.) Genocide Watch. New Haven, CT: Yale University Press. Ezell discusses and analyzes U.S. newspaper coverage of the following events that occurred in 1988: the conflict between the Hutus and the Tutsis in Burundi, the rebel atrocities against civilians in Mozambique, and the gassing of the Kurds by Iraq. The five key questions Ezell examines in regard to such coverage are: (1) What was the pattern of coverage; (2) What prompted the initial coverage and each successive spurt of coverage?; (3) What policy issues did these reports raise?; (4) How were the major actors and their roles characterized in these cases?’ and (5) To what extent did the initial spurt of coverage resolve [any] ambiguities [regarding the situation]? Ezell makes a number of interesting observations and recommendations. One of his most important observations is: “Refugee testimony, the most extensive source of eyewitness accounts in the early stages of large-scale atrocity, has not been fully exploited as a source by newspapers” (p. 111). A key recommendation is that “Trained investigative teams [should] be
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prepared to respond as soon as an atrocity is reported, resolving ambiguity early, during the first spurt of news coverage, and thus allowing onlookers to decide quickly whether and how to act on the basis of reliable information. This rapid deployment of fact finder is an essential element of any genocide early-warning system” (p. 90). 809.
Fein, Helen (1992). “Dangerous States and Endangered Peoples: Implications of Life Integrity Violations Analysis,” pp. 40–55. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. This chapter is comprised of the following parts and sections: 1. Conception and Scaling of Life Integrity Violations (1.1. Background: Discriminating Perpetrators from Other States; 1.2. Lives at Risk: An Analysis of 50 States in 1987; 1.3 The Concept of Life Integrity; 1.4 Findings; 1.4 (sic) Who Were the Victims and the Perpetrators? and 1.5 What Happens to Endangered People Who Manage to Escape?); 2. Warning Signs and Bystanders: What is to be Done?; and 3. A Research After-Note. In her introduction, Fein, a noted genocide scholar, discusses the background and focus of the study: In order to assess whether one could discriminate states perpetrating (or attempting) genocide or mass political killings from other states before these crimes were corroborated, an exploratory study paired four states (in different regions) committing genocide or political killings between 1975–1984 with matched states which were non-perpetrators during that period. . . . These four pairs (of perpetrators and non-perpetrators) were compared for four or five year periods starting from the political regime change which prefaced the perpetrator’s resort to mass killing. Drawing on methods of content analysis, we devised the Life Integrity Violation Analysis Form which checked the presence or absence of certain practices noted in the Amnesty International Report for the given years. . . . This led to the pilot study reported herein, a more systematic analysis of violations of life integrity in fifty states and six occupied regions in 1987. . . . “Life integrity rights” comprised six related claims: the right to life; to bodily inviolability; to security from arbitrary punishment, seizure, and detention; to own one’s body and labour; to free movement; to marry and to form a family. This study examines the level of violation of the first three rights on the basis of the Amnesty International 1988 Report. The states included were selected because they had perpetrated genocides, or ethnic massacres, in the past, were engaged in civil strife in 1987, had large numbers of “minorities at risk” or showed signs of escalation of abuses in 1987 and were located in areas of high conflict. (pp. 40–44). Among the many findings of the study was: “ . . . a monitoring scheme and an “early warning” system alike depend both on political will to pay the costs of sanctions, deterrence or intervention, and reliable reports on life integrity violations and patterns of discrimination.” (p. 50)
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Fisas, Vicenc (1995). “Conflict Prevention,” pp. 37–51. In Vicenc Fisas’ Blue Geopolitics: The United Nations Reform and the Future of the Blue Helmets. East Haven, CT and London: Pluto Press. Fisas delineates, in part, various proposals regarding the different types of early warning indicators and the collection of such: • Prevention should be directed not only at military questions, but also at political, economic, ecological, social, cultural and technological problems; • Special attention should be paid to ethnic and ecological conflicts; • Increase the presence of the United Nations in unstable areas, including peacekeeping forces; and • Pay greater attention to tensions and conflicts arising from economic and social inequalities (pp. 50–51).
811.
Frelick, Bill (1992). “Refugees: Contemporary Witnesses to Genocide,” pp. 45–58. In Helen Fein (Ed.) Genocide Watch. New Haven, CT: Yale University Press. Frelick, a senior policy analyst with the U.S. Committee for Refugees, discusses how the testimony of refugees can serve as one indicator of the perpetration of genocide. He also explains how interviewers can best obtain true accounts from refugees, and comments on how interviews “can establish corroborating evidence in the absence of direct access to the areas generating refugee flows” (p. 46). In a section entitled, “The Failure to Respond,” Frelick addresses the fact that the world community has, time and again, virtually ignored the significance of mass exoduses of refugees as well as the reports of genocide offered by refugees.
812.
Gowing, Nik (2000). “Media Coverage: Help or Hindrance in Conflict Prevention?” pp. 203–226. In Stephen Badsey (Ed.) The Media and International Security. London: Frank Cass Publishers. Gowing, an international television news presenter and analyst of the role of the media and information handling in conflict management, analyzes the on-going debate regarding the power and influence of media coverage on conflict prevention. The subtitles of his essay are. The Media’s Role in Conflict Prevention; The Media or the Mediator: Which Comes First?; Pressure to “Do Something”: Media Pressure and National Interest; National Interest: The Media’s Complaint; Fear of Casualties and Likely Media Coverage: A Justifiable Anxiety?; The Media and NGOs in Conflict Management; The Unpredictable News Cycle and the Tyranny of Real Time; Is Media Coverage a Sine Qua Non for Conflict Prevention?; Western News
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Media and Conflict: The New Commercial Realities; Real-Time Technology and Conflict Coverage: The Ominous Paradox; Partiality in Conflict Reporting: The Media’s Secret Shame?; and The Media and Conflict: A Synergy for Prevention. Among the many conflicts the author addresses herein are the 1990s Balkans conflict, the 1994 genocide in Rwanda, Burundi in the mid-1990s, and Kosovo in the mid- to late-1990s. 813.
Hampson, Fen Osler, and Malone, David M. (2002). “Improving the UN’s Capacity for Conflict Prevention.” International Peacekeeping, Spring, 9(1):77–98. In this article, Hampson (professor at Carleton University) and Malone (president of the International Peace Academy) focus on the research findings most pertinent to the United Nations’ role in conflict prevention and the kinds of intervention measures it can adopt to strengthen its role and capacity for conflict prevention. The article is comprised of the following sections and subsections: The Nature of Conflict Prevention (Conflict Causes and Conflict Prevention, Combining Incentives and Disincentives for Peace, The UN System’s Comparative Advantage in Addressing the Causes of Conflict, The Scope of Conflict Prevention Capacity at the UN, Implementing Conflict Prevention within the UN and Beyond, From Early Warning to Early Action, Directions for the Future), and Conclusions: Limits and Opportunities.
814.
Harff, Barbara (2001). “Could Humanitarian Crises Have Been Anticipated in Burundi, Rwanda and Zaire? A Comparative Study of Anticipatory Indicators,” pp. 81–102. In Hayward R. Alker, Ted Robert Gurr, and Kumar Rupesinghe (Eds.) Journeys Through Conflict: Narratives and Lessons. Lanham, MD: Rowman & Littlefield Publishers. Focusing on the question raised in her title, Harff, professor of Political Science at the United States Naval Academy, addresses the following issues: systematic monitoring, risk assessment, and early warning; structural conditions of genocide and politicide; accelerators, triggers, and de-accelerators; conflict phases and interventions; Burundi: massacres and repression; Rwanda: genocide; and Zaire: autocratic leadership and democratization.
815.
Harff, Barbara (2003). “No Lessons Learned from the Holocaust? Assessing Risks of Genocide and Political Mass Murder Since 1955.” American Political Science Review, February, 97(1):57–73. Harff reports the findings of a study in which she tested a structural model of the antecedents of genocide and politicide (political mass murder). She reports that
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a case-control research design [was] used to test alternative specifications of a multivariate model that identifies preconditions of geno-/politicide. The universe of analysis consisted of 126 instances of internal war and regime collapse that began between 1955 and 1997, as identified by the State Failure project. Geno-/politicides began during 35 of the episodes of state failure. The analytic question [was] which factors distinguish[ed] the 35 episodes that led to geno-/politicides from those that did not. The case-control method [was] used to estimate the effects of theoretically specified domestic and international risk factors measured one year prior to the onset of geno-/politicide. The optimal model include[d] six factors that jointly [made] it possible to distinguish with 74% accuracy between internal wars and regime collapse that [did] and those [did] not lead to geno-/politicide. The conclusion uses the model to assess the risks of future episodes in 25 countries. (p. 57)
816.
Harff, Barbara (1994). “A Theoretical Model of Genocides and Politicides.” Special Issue [“Early Warning of Communal Conflicts and Humanitarian Crises”] of The Journal of Ethno-Development. July, 4(1):25–30. The abstract accompanying this essay states that “The theoretical model of conditions that lead regimes to use violence against communal groups is expected to be tested by tracing the development of the processes that led to their onset. The testing of the theory will come through research based on case studies that look at a basic chronology of each of the conflicts, the theoretically-specified conditions of communal conflicts, and the analysis of accelerators derived from event data from the Global Events Data System (GEDS)” (p. 25). In order to illustrate “the relationships in the model,” Harff uses the Kurds of Iraq (“victims of geno/politicide”) (p. 25) and the Palestinians in the West Bank and Gaza (“victims of state repression”) (p. 25) as “illustrative cases.” The case studies are comprised of four parts: “International Background Conditions,” “Internal Background Conditions,” “Intervening Conditions,” and “Research Strategy.”
817.
Harff, Barbara (1992). “Recognizing Genocides and Politicides,” pp. 27–41. In Helen Fein (Ed.) Genocide Watch. New Haven, CT: Yale University Press. At the outset of her essay, Harff states the following: “By my definition, genocides and politicides are the promotion and execution of policies by a state or its agents that result in the deaths of a substantial portion of a group. In genocides the victimized groups are defined primarily in terms of the communal characteristics. In politicides, by contrast, groups are defined primarily in terms of their political opposition to the regime and dominant group” (pp. 27–28).
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A key section of this essay focuses on “how to detect a genocide.” Among the topics Harff discusses in relation to the latter are: the “Minorities at Risk” data set developed by Ted Robert Gurr, the issue of officially sanctioned discrimination, governmental toleration of private militias that murder innocent civilians, and the practice of denying groups access to political and/or economic positions. 818.
Harff, Barbara, and Gurr, Ted Robert (1987). “Genocides and Politicides Since 1945: Evidence and Anticipation.” Internet on the Holocaust and Genocide, Special Issue 13, December. Harff describes and reports on a databank of politicides, or mass killings perpetrated on the basis of political identity, that have been perpetrated since World War II. Gurr discusses and reports on a minorities at risk databank that monitors the risk that minorities across the globe are at in regard to persecution and genocide.
819.
Helton, Arthur (2002). The Price of Indifference: Refugees and Humanitarian Action in the New Century. Oxford: Oxford University Press. 314 pp. The author provides a systematic analysis of refugee policy responses between 1992 and 2002 (including those involving people in the former Yugoslavia and Rwanda) and calls for specific reforms to make policy more proactive and comprehensive. The book is comprised of the following ten chapters: 1. “Why Refugees Matter”; 2. “The Last Decade’s Refugees Story”; 3. “Humanitarian Action and New Complexities in Refugee Protection: The Former Yugoslavia”; 4. “Variations on State Building and Refugees: Myth and Reality”; 5. “Surmounting Indifference: Refugees and the New Statecraft”; 6. “Varieties of Refugee Concerns: The Beginnings of a Policy Toolbox”; 7. “International Bureaucracy and the Debasement of Mercy”; 8. “Reaction and Inattention Within the U.S. Government”; 9. “Imagining Better Refugee Policy”; and 10. “Achieving Comprehensive and Proactive Refugee Policy.”
820.
The Independent Working Group on the Future of the United Nations (1995). The United Nations in Its Second Half Century. New York: Ford Foundation. 53 pp. In this report, the Independent Working Group (comprised of such distinguished figures as Richard von Weizsäcker, former president of the Federal Republic of Germany; Koji Kakizawa, former foreign minister of Japan; Xue Mouhong, former ambassador of China; Anthony Parsons, former permanent representative to the United Nations, United Kingdom; and Paul Kennedy, Yale University) discuss a host of issues germane to the UN role’s
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in regard to the prevention and intervention of genocide, including early warning and threat assessment. 821.
The International Crisis Group (1998). Kosovo Spring: The International Crisis Group Guide to Kosovo. Brussels: Author. 143 pp. Produced by the International Crisis Group, a Brussels-based private multinational organization committed to strengthening the capacity of the international community to understand and prevent crises arising from human causes, this book was issued as an “early warning” of sorts in regard to the violence that began to engulf Kosovo in 1998. It also constitutes a comprehensive reference guide to the crisis in Kosovo. Part and parcel of the latter is a detailed examination of the way in which the crisis was viewed from four different capitals in the region and an analysis of European and U.S. policy. The final chapter assesses a range of proposed solutions and presents a series of recommendations.
822.
Jongman, Albert (1994). “The PIOOM Program on Monitoring and Early Warning of Humanitarian Crises.” Special Issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):65–71. This chapter describes the purpose and operation of PIOOM (the Dutch acronym for Interdisciplinary Program of Research on Root Causes of Human Rights Violations), a Netherlands-based, non-partisan, non-profit organization that promotes and conducts research in the field of human rights. In addition to discussing what PIOOM is and is not, Jongman, a researcher and data manager for PIOOM, highlights the following issues/concerns: fact-finding, monitoring, early warning, and research design. The essay also includes a useful appendix entitled “The States of Conflict and Their Signals.” At the outset of his essay, Jongman reports the following: PIOOM’s primary purpose is a social science one. We want to gain a better understanding of the root causes of fundamental human rights violations and to discover facilitating and inhibiting factors of human rights abuses. The scientific goal of the monitoring effort, then, is the identification of those cultural, social, economic and political conditions which make implementation of fundamental rights more or less likely. Ultimately, we also hope to detect which indicators can serve as early warning signals for impending violations of fundamental human rights. This, in turn, might enable others to do something in terms of prevention. We at PIOOM do not see it as our primary duty to utilize the information. . . . to warn either victims or bystanders. This is a task for human rights organizations and others, since they are much better equipped to do so. (p. 65)
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823.
Khan, Prince Sadruddin Aga (1981). Study on Human Rights and Massive Exoduses. United Nations, E/CN.4/1503. In addition to focusing on massive exoduses of refugees (which are sometimes a result of extrajudicial murder, crimes against humanity, and/or genocidal assaults and which, in turn, constitute an early warning signal), Kahn recommends the establishment of early warning system and the appointment of a Special Representative for Humanitarian Questions.
824.
Kurth, Steven (1994). “Real-Time Test Cases for Early Warning.” Special Issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development, 4(1):77–78. This is basically the report of a feasibility study that was conducted in regard to the use of the Global Events Data System (GEDS) facilities at the University of Maryland as a way to ascertain the potential of “realtime monitoring of events where conflicts are either underway or there is a substantial threat of violent conflict in the near future” (p. 77).
825.
Kushner, Tony, and Knox, Katharine (1999). Refugees in an Age of Genocide: Global, National, and Local Perspectives During the Twentieth Century. Portland, OR and London: Frank Cass. 505 pp. This book, by Kushner (Reader in the Department of History at the University of Southampton) and Knox (Research Fellow in the Department of History at the University of Southampton) presents an examination of the history of refugee movements during the course of the twentieth century. The chapters that deal specifically with the issue of refugees and genocide are: chapter 5. “Refugees from Nazism, 1933–1939”; chapter 6. “Refugees, the Second World War and the Holocaust”; chapter 10. “Refugees from Chile: A Gesture of International Solidarity”; chapter 12. “The Kurds: A Movement of Humanity in an Era of Restriction?”; chapter 13. “Refugees from the Former Yugoslavia: The Last ‘Programme’ Refugees?”; and “Afterword: Kosovo.” Why the book does not contain a chapter on the refugees from the 1994 Rwandan genocide is baffling. Indeed, the lack of a chapter on Rwanda constitutes a major gap in the book and in the story of “refugees in an age of genocide.”
826.
Littell, Franklin (1999). “Early Warning System (EWS),” pp. 261, 263–265. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume 1. Santa Barbara, CA: ABC CLIO Press. In his introduction to this encyclopedic entry, Littell states that “The Early Warning System (EWS) is a scientific method for performing two services.
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First, by use of the designed questions it is possible to identify a potentially genocidal movement. Second, by use of a parallel set of designed questions it is possible to discern when a legitimate government is becoming vulnerable to replacement by a populist elite practicing terror as a weapon of ideological warfare” (p. 261). The entry concludes with the delineation of sixteen “designation points [that] are pertinent for identifying . . . potentially genocidal cadres” (p. 263). Littell asserts that “No single point in the grid is enough to define the problem, but a kairos or pattern of 8 or 10 should be enough to start red flags waving and alarm bells ringing” (p. 264). 827.
Mills, Kurt, and Norton, Richard (2002). “Refugees and Security in the Great Lakes Region of Africa.” Civil Wars, Spring, 5(1):1–26 This piece focuses on the various linkages between large refugee flows and security. In particular, it details how extremely large refugee flows can sometimes lead to, or at least help create, conditions for massive insecurity. It concentrates specifically on refugees in the Great Lakes region of Africa, with a detailed emphasis on Rwanda and eastern Zaire. It illustrates how refugees can indeed constitute a security threat on many different and levels of analysis. . . . The time-frame for this article covers the years leading up to the [1994 Rwandan] genocide, the period of the genocide itself in the middle of 1994, and two years following the genocide. (p. 2)
828.
Newland, Kathleen (2001). “Refugee Protection and Assistance,” pp. 508–533. In P. J. Simmons and Chantal de Jonge Oudratt (Eds.) Managing Global Issues: Lessons Learned. Washington, D.C.: Carnegie Endowment for International Peace. This chapter, by the co-director of the Migration Policy Institute in Washington, D.C., “analyses how and why the ‘refugee regime’ has changed so profoundly from its post-World War II origins and in doing so attempts to illustrate some of the dynamics of global issues management. . . . [T]he major part of the discussion looks at the process of change that began in the 1980s and became manifest in the 1990s” (p. 509). The chapter addresses, in part, the situation of the Cambodians prior to, during, and after the 1975–1979 genocide perpetrated by the Khmer Rouge in Cambodia.
829.
Newman, Edward, and van Selm, Joanne (Eds.) (2003). Refugees and Forced Displacement: International Security, Human Vulnerability, and the State. Tokyo: United Nations University Press. 402 pp. The contributors to Refugees and Forced Displacement argue, convincingly, that human displacement can be both a cause and a consequence of conflict within and among societies. As such, they assert, the management
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of refugee movements and the protection of displaced people should be an integral part of security policy and conflict management. Among the chapters herein that deal, in one way or another, with refugees and early warning are: “Refugees, International Security, and Human Vulnerability: Introduction and Survey” by Edward Newma; “Refugees as Grounds for International Action” by Gil Loescher; and “The Early Warning of Forced Migration: State or Human Security?” by Susanne Schmeidl. 830.
Nicholson, Frances, and Twomey, Patrick (Eds.) (1999). Refugees Rights and Realities: Evolving International Concepts and Regimes. New York: Cambridge University Press. 391 pp. A chapter in this book is entitled “Early Warning and Prevention: The United Nations and Rwanda” by Howard Adelman.
831.
O’Neill, Michael J. (2000). “Developing Preventive Journalism,” pp. 67–79. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. Initially, O’Neill, former editor of the New York Daily News, asserts that For better or worse, the whole idea of preventive diplomacy depends crucially on effective communication from the smallest units of global society to the highest. Television, newspapers, the Internet, and a whole galaxy of new electronic wonders are absolutely essential to pick up and relay the first signs of trouble in order for people to take timely action in their own defense. Even more important, perhaps, an early-warning approach to news coverage is needed to generate the critical mass of public knowledge, emotional engagement, and support required to inspire sluggish institutions to take note and possibly even to act in crises like the ones in Iraq or Yugoslavia. (p. 67)
O’Neill goes on to discuss such issues as: the power and significance of the communication revolution; the “electronic accelerators of history,” and the ramifications of the latter; the massive problem posed by the industrial elite and the poor and weak; the preventive process in regard to the explosion of problems in the former Yugoslavia in the 1990s; Iraq’s mistreatment of its Kurdish population in the late 1980s; the prevention process; the role of journalism vis-à-vis the need “to discover the hidden pockets of misunderstanding and the undetected tensions that will become headlines tomorrow” (p. 72–73); and key ways in which journalism needs to change if it’s going to move from simply covering the results of conflict to uncovering the causes of such “in time for society to avoid or prevent them” (p. 73). 832.
Pechota, Vratislav (1992). “Establishing Criminal Responsibility and Jurisdiction for Genocide,” pp. 197–204. In Helen Fein (Ed.) Genocide Watch. New Haven, CT: Yale University Press.
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Pechota, Professor of Law at Columbia University, suggests the need for a resolution by the United Nations General Assembly that defines the role of neighboring countries when a genocidal situation arises, including requiring them to call international attention to the genocidal actions. 833.
Rupesinghe, Kumar (1994). “Early Warning and Preventive Diplomacy.” Special Issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):88–97. In his abstract, Rupesinghe, secretary general of International Alert (London), states that “There is an urgent need for a global early warning system that can predict internal (racial, ethnic, social) conflicts, thus enhancing prevention or mitigation. The potential of the information revolution’s capacity to overcome the deficiencies of the UN, and other international non-governmental agencies is examined. The change from being ‘reactive’ to ‘preventive’ in analyzing the development of a conflict is presented by a global, multi-sectional approach utilizing information and decision makers at local, regional and international levels” (p. 88). The sections that comprise this essay are: The Evolution of Early Warning; Phases of Conflict Escalation; Why Has Early Warning Been Unsuccessful?; The Information Revolution and Early Warning; Connecting With Users (in which Rupesinghe notes that “one of the crucial problems for any early warning system is how to get the right information to the right people at the right time” (italics added;, p. 94); Designing a Global System for Early Warning and Conflict Prevention (in which Rupesinghe discusses regional workshops and studies, an early warning information service, annual global conflict analysis meetings); Generating the Political Will for Action; and The Role of International Alert.
834.
Rupesinghe, Kumar (1999). “Forum for Early Warning and Emergency Response (FEWER),” pp. 265–267. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume I. Santa Barbara, CA: ABC CLIO Press. In this encyclopedic entry, Rupesinghe reports that In an attempt to address the manifold difficulties of establishing an effective early warning system that can provide reliable information in a coherent and accessible way, a coalition of IGO [intergovernmental organizations) representatives, U.N. agencies, and NGOs [non-governmental organizations], including International Alert, have developed the FEWER project. It was launched as a concept in 1996 and is still in the development stage as of 2000. (p. 265)
Rupesinghe goes on to note that FEWER distinguishes itself from other early warning initiatives in a number of important ways. [For example,] it works to provide decision makers with
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balanced, timely and reliable information and analysis on conflict-threatened countries and regions. . . . Ultimately, its objective is to develop a single coherent system of conflict indicators, analysis and policy recommendations in order to identify opportunities for conflict prevention and provoke constructive responses from the international community. (p. 265)
835.
Rupesinghe, Kumar with Sanam Naraghi Anderlini (1998). Civil Wars, Civil Peace: An Introduction to Conflict Resolution. London: Pluto Press. 179 pp. Rupesinghe and Anderlini present what they assert is a radical new approach to conflict prevention, resolution, and diplomacy. In doing so, they provide an overview of conflict in the post-cold war world, covering such key topics as identifying and assessing early warnings of conflict (in which they discuss the need to take early action); information gathering and analysis; and the need for preventive diplomacy. In particular, the role of nongovernmental organizations and other third party mediators in conflict resolution is considered. A section in chapter 3 deals specifically with the issue of early warning indicators, and is entitled and includes the following: “From Early Warning to Early Action” (The Continuum of Conflict; Sounding the Alarm—Devising a System for Early Warning; and Information Gathering).
836.
Schmid, Alex P. (2001). “A Comparative Look at Early Warning Indicators: PIOOM, the State Failures Project, and CEWS Cases,” pp. 291–317. In Hayward R. Alker, Ted Robert Gurr, and Kumar Rupesinghe (Eds.) Journeys Through Conflict: Narratives and Lessons. Lanham, MD: Rowman & Littlefield Publishers. In his introduction, Schmid, holder of the Synthesis Chair on Conflict Resolution at Erasmus University in Rotterdam, states that “In this chapter, the countries analyzed in case studies in this volume (including Burundi, Guatemala, and Rwanda) will be looked at through a different lens. They will be treated as potential or actual cases of ‘state failure,’ and two sets of quantitative early warning indicators for state failure will be tested for their forecasting power with the benefit of hindsight” (p. 291). The subtitles of this chapter provide a solid sense of the issues Schmid addresses: Definition and Focus of Early Warning; The U.S. Government’s State Failure Study (Indicators Used in the State Failure Project, and Forecasting with the State Failure Model); Forecasting State Failure with Alternative Indicators; Comparing the Top Six Indicators of the SF [State Failure] and PP [Pierson/PIOOM] Sets; and Redefining “State Failure.”
837.
Singer, J. David (1994). “Early Warning Indicators for Cultural Groups in Danger.” Special issue (“Early Warning of Communal Conflicts and
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Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):105–110. Singer, professor of Political Science at the University of Michigan and Director of the Correlates of War (COW) Project, argues that early warning indicators signifying cultural groups in danger are imperative to develop in order to establish a well substantiated and multi-variate explanatory theory. In closing, he states the following: It is critical to avoid “categories” and typologies that impose answers on questions that remain far from resolved. The most pervasive example is our use of the phrase “ethnic conflict,” strongly implying that oppression, exploitation, expulsion, civil war, and other forms of violence within and between societies that involve members of different cultural groups are ethnic in their origins. One problem is that most human beings have multiple identities, of which ethnicity is only one, and not always the dominant one. While ethnic identity may often rest on religion, language, family, “race,” ideology, social status, nationality and locale, these other identities are not only different from ethnicity, but often more powerful. To put it another way, ethnicity is often the generic category, but this may be more of a matter of linguistic convenience than a dominant dimension of human identity. (p. 108)
838.
Spencer, William J. (1994). “Implications for Policy Use: Policy Uses of Early Warning Models and Data for Monitoring and Responding to Humanitarian Crises.” Special issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of Ethno-Development. July, 4(1):111–116. In his abstract, Spencer, a member of the Board of Directors of International Alert, states: “Early warning data (EWD) lacks timeliness, ease of use, and accessibility for effective use by the end-user (an individual or institution that impacts a crisis). Quality of data is not discussed in current models” (p. 111). In part, Spencer goes on to state that: It should be recognized that EWD may compete with other messages the target policy maker is receiving (p. 112); The EWD process should be viewed as a “pipeline” or flow chart of activities much in the same way as a business process has steps or places of activity (p. 112); The results of EWD should be expressed in repeated messages, not single reports or surveys (p. 113); Everywhere should be considered everyone’s sphere of influence (p. 113); Scenario development may help to prepare policy makers for greater utilization of early warning data information (p. 113); [and] The message should be put into a form and format that the end-user can easily understand, manipulate, and convincingly use to influence other policy makers. (p. 113)
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839.
Sutterlin, James S. (1998). “Early Warning and Conflict Prevention: The Role of the United Nations,” pp. 121–129. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. In this short essay, Sutterlin, Distinguished Fellow in UN Studies and lecturer at Yale University, discusses, in part, the following issues regarding the role of the United Nations in early warning and conflict prevention work: elements of early warning (information, analysis, the channel relationship between those submitting the early warning messages and those who have the power to take preventive action, institutional division of labor, and regional organizations).
840.
Tellis, Ashley, J., Szayna, Thomas S., and Winnefeld, James A. (1997). Anticipating Ethnic Conflict. Santa Monica, CA: Rand Corporation. 188 pp. This is a “handbook for intelligence analysts to use in thinking about ethnic conflict.” The authors delineate a matrix of factors that could serve as early warning indicators to ethnic violence, including “closure” in the political system, triggering events, and state capabilities.
841.
Tomlinson, Rodney G. (1994). “Converting Hindsight to Foresight, Building Theoretic Models of Genocides and Politicides: Some Ideas from the World Events/Interaction Survey (WEIS). Special Issue (“Early Warning of Communal Conflicts and Humanitarian Crises”) of The Journal of EthnoDevelopment. July, 4(1):44–55. The abstract to this piece reads as follows: “Genocide and politicide research (G & P) needs improved and more coordinated research in crisis forecasting. [Barbara] Harff’s G & P modeling can be made to encompass an array of attribute and interaction indicators, connecting the past with the present. Insights from WEIS may guide the development of accelerators in the Harff model as well as improve the application of volume measures, variety measures, exponential smoothing, Bayesian probabilities and catastrophe theory” (p. 44). The essay is comprised of the following sections: Conscience, Sovereignty, and Early Warning; The Harff Model in Systems Perspective; and World Events/Interaction Survey Coding Structure.
842.
Totten, Samuel (1991). “Introduction,” pp. xi–lxxv. In Samuel Totten (Compiler/Editor) First-Person Accounts of Genocide Committed in the Twentieth Century: An Annotated Bibliography. Westport, CT: Greenwood Press. At the conclusion of the introduction, Totten discusses the potential use of
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first-person accounts of the victim population of major violent episodes as an integral component of a genocide early warning system. 843.
United Nations (2001). Report of the Panel on United Nations Peace Operations. New York: Author. 58 pp. This is the report (also known as the Brahimi Report, named after the chair of the group that wrote the report) of the panel convened by U.N. Secretary Generally Kofi A. Annan to undertake a thorough review of the United Nations peace and security activities, and to present a set of concrete recommendations to improve such activities. A major recommendation issued by this distinguished panel was: the need to have more effective collection and assessment of information at United Nations headquarters, including an enhanced conflict early warning system that can detect and recognize the threat or risk of conflict or genocide. Available at http://www.un.org/peace/reports/peace_operations/docs/full_report. htm.
844.
The U.S. Committee for Refugees (1999). Refugee Testimonials: A Barometer of Genocide. Washington, D.C.: Author. n.p. A statement on the title page reads: “The U.S. Committee for Refugees acts as a witness to genocide. It gives voice to the survivors, often the only ones who can tell the world what occurs in whirlwinds of hatred and violence where mass killings take place. A veil of secrecy often envelopes genocidal attack. USCR’s mission is to lift the veil.” The booklet (not paginated but just over forty pages in length) contains testimonies by refugees from Kosovo, Bosnia, Sudan, Rwanda, and Cambodia. When collected and analyzed early on during a crisis that is possibly heading towards being genocidal, such testimony can serve as significant early warning signals.
845.
Wallensteen, Peter (1998). “Acting Early: Detection, Receptivity, Prevention and Sustainability: Reflecting on the First Post-Cold War Period,” pp. 83–99. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. Wallensteen, head of the Department of Peace and Conflict Research at the University of Uppsala, Sweden, focuses on the four main issues noted in the title of his essay: detecting dangers, the issue as to who should respond to early warning signals and what they should do with them once they are received, preventing intensification of the conflict in a timely manner, and sustaining early action.
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11 Preventive Measures A. Theoretical, Conceptual, and Emerging Approaches/ Strategies B. Information Collection and Dissemination C. Preventive Diplomacy D. Mediation E. Conflict Resolution
A. Theoretical, Conceptual, and Emerging Approaches/Strategies 846.
Baker, Pauline H., and Ausink, John A. (1996). “State Collapse and Ethnic Violence: Towards a Predictive Model.” Parameters: US Army War College Quarterly, Spring, 26(1):19–31. Baker, president of the Fund for Peace, and Ausink, who is a colonel in the U.S. Air Force and is a National Defense Fellow at Georgetown University, present a predictive model vis-à-vis potential/actual violence that may be used by analysts and policymakers. Of their model, they note the following: First, the model provides a dynamic conceptual framework to compare various conflicts at different stages of violence or conflict resolution. Second, the framework presents a way for analysts to conduct a longitudinal analysis of any single conflict, so it can be monitored and evaluated from the root causes to likely outcome. Third, the model suggests ten indicators of state collapse in ethnically divided societies that can be used for early warning. . . . Fourth, the model provides an overview of the potential role of the international community at different points in a conflict, highlighting the importance of preventive action before a crisis reaches catastrophic proportions. (p. 20) 437
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847.
Barnhizer, David (Ed.) (2001). Effective Strategies for Protecting Human Rights: Prevention and Intervention, Trade and Education. Aldershot, UK: Ashgate Publishing Co. 250 pp. This volume is comprised of the following chapters: “Human Rights Strategies for Investigation and ‘Shaming,’ Resisting Globalization Rhetoric, and Education” by David Barnhizer; “Building the Record of Human Rights Violations in Africa—the Functions of Monitoring, Investigation and Advocacy” by Peter Takirambudde; 3. “Targeting Journalists to Prevent the Dissemination of Knowledge of Human Rights Violations” by Ann Cooper; “Investigating Human Rights Violations: Some Lessons from the Field” by Jason W. Clay; 5. “The Use of Information and Communication Technology, especially the Internet, for the Promotion and Protection of Human Rights, including Detection, Early Warning and Prevention” by Edward F. Halpin; 6. “The Information Technology Revolution and Gross Human Rights Violations: Justice for the Masses or ‘Fast-Food’ Human Rights?” and 7. “The Intersection of Trade and Human Rights” by Malini Mehra.
848.
Beres, Louis Rene (1984). “Reason and Realpolitik: International Law and the Prevention of Genocide,” pp. 306–324. In Israel W. Charny (Ed.) Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press. 396 pp. Beres, professor of Political Science at Purdue University, argues that realpolitik overpowers the moral imperative expressed in the norms of international law, and because of the latter what is needed is the creation of a new world order system in which anti-genocide efforts will be perceived by states as not only in the interest of all peoples across the globe but in the interest of the states themselves. More specifically, he argues for “a new world order system—a planetary network of obligations stressing cooperative global concerns over adversarial relationships, and a move away from ‘the dying forms of realpolitik’” (p. 316).
849.
Brown, Michael E. (Ed.) (1996). The International Dimensions of Internal Conflict. Cambridge, MA: MIT Press. 653 pp. In his review of this book (Foreign Affairs, September/October), Francis Fukuyama writes: This massive volume exhaustively analyzes the domestic, regional, and international dimensions of internal conflicts . . . to understand why such conflicts are occurring now and how they might be ameliorated. . . . Unfortunately, many of the prescriptions for international action, such as “place more emphasis on underlying problems and long-term solutions,” or “promote economic development, opportunity, and justice” beg the question of how they are to be achieved, at what cost, and with what trade-offs. Market driven economic growth and
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opportunity, for example, often come at the expense of social equality; which should the international community favor”? (p. 136)
850.
Carment, David, and Schnabel, Albrecht (Eds.) (2004). Conflict Prevention from Rhetoric to Reality, Volume 2: Opportunities and Innovations. Lanham, MD: Lexington Press. 458 pp. Conflict Prevention from Rhetoric to Reality, Volume 2: Opportunities and Innovations presents a critical evaluation of existing and emerging approaches to conflict prevention. An international team of practitioners and researchers with rich theoretical and field experience examine the analytical requirements to understand the causes of conflict and then link these causes to a range of response options by a variety of relevant actors. They also discuss the newest frontiers of conflict prevention. The volume also highlights innovative approaches that allow policy analysts and practitioners to understand how they can best use the array of political, economic, social and developmental instruments available to them to be better analysts and to provide for more effective responses.
851.
Carment, David, and Schnabel, Albrecht (2003). “Conflict Prevention—Taking Stock,” pp. 11–25. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations University Press. In their introduction, Carment and Schnabel note that For the purposes of this study, we define conflict prevention as an evolving concept and innovative set of policy recommendations comprising fundamental attitudinal change among its end users. In short, conflict prevention is not a transitory ad hoc reaction to emerging and potential problems. It is a medium and long-term proactive operational or structural strategy undertaken by a variety of actors, intended to identify and create the enabling conditions for a stable and more predictable international security environment. The key assumptions in our definition that merit attention are: • • • • •
Conflict prevention involves attitudinal change; Conflict prevention is malleable as a concept and as a policy; Conflict prevention can be multisectoral; Conflict prevention can be applied at different phases of conflict; and Conflict prevention can be implemented by a range of actors acting independently or in concert (pp. 11–12).
The authors go on to discuss the analytical skills needed for effective conflict prevention, the issue of political will, and the critical need for capacity building. 852.
Carnegie Commission on Preventing Deadly Conflict (1997). Preventing Deadly Conflict: Final Report with Executive Summary. Washington, D.C.: Author. 257 pp.
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The Carnegie Corporation of New York established the Carnegie Commission on Preventing Deadly Conflict in May 1994 “to address the looming threats to world peace of intergroup violence and to advance new ideas for the prevention and resolution of deadly conflict. The Commission has examined the major causes of deadly ethnic, nationalist, and religious conflicts within and between states and the circumstances that foster or deter their outbreak. Taking a long-term, worldwide view of violent conflicts that are likely to emerge, it seeks to determine the functional requirements of an effective system for preventing mass violence and to identify the ways in which such a system could be implemented. The Commission looks at the strengths and weaknesses of various international entities in conflict prevention and considers ways in which international organizations might contribute toward developing an effective international system of nonviolent problem solving” (p. i). This book is comprised of the following parts and chapters: Preface; Executive Summary; Prologue: Conflict Prevention in the Twenty-First Century (The Legacy of Rwanda; Is Prevention Possible?; Toward a New Commitment to Prevention); chapter 1: “Against Complacency” (From Cold War to Deadly Peace, A World Transforming, Rapid Population Growth, The Expansion of Technology, Modern Weaponry: Lethal and Available; Conventional Weapons; Chemical and Biological Weapons; The Continuing Nuclear Threat; The Cost of Deadly Conflict; A Historic Opportunity: Toward Prevention); chapter 2: “When Prevention Fails” (How and Why Deadly Conflict Occurs; Understanding Violent Conflict; Conflict between States; Conflict within States; Leaders and Groups; Avoiding the Worst Case; South Africa; The Soviet Union; What Can Be Done? What Are the Tasks?; What Works?); chapter 3: “Operational Prevention” (Strategies in the Face of Crisis; Looking at the Whole Problem; A Framework for Engagement; The Need for Leadership; A Comprehensive Political-Military Response; Resources; Transition to Host Nation Control; Early Warning and Early Response; What Kind of Warning Is Most Useful?; Who Can Best Provide Useful Early Warning?; Who Should Be Warned?; Preventive Diplomacy; Economic Measures; Sanctions; Inducements; Conditionality; Economic Dispute Resolution Mechanisms; Forceful Measures; Basic Principles; Peacekeeping and Maintaining Civil Order; “Thin Blue Line” Preventive Deployments; “Fire Brigade” Deployments); chapter 4: “Structural Prevention” (Strategies To Address the Root Causes of Deadly Conflict; Security; Nuclear Weapons; Regional Contingencies; Biological and Chemical Weapons; Conventional Weapons; Cooperating for Peace; Security within States; Well-Being; Helping from Within: Development Revisited; Making Development Sustainable; Helping from Outside: Development Assistance; Justice; Justice in the International Community; Human Rights;
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Humanitarian Law; Nonviolent Dispute Resolution; Justice within States; Transition to Democracy; Social Justice); chapter 5: “Preventing Deadly Conflict” (The Responsibility of States, Leaders, and Civil Society; States and Their Leaders; Pivotal Institutions of Civil Society; Nongovernmental Organizations; Religious Leaders and Institutions; The Scientific Community; Educational Institutions; The Media; The Business Community; The People); chapter 6: “Preventing Deadly Conflict” (The Responsibility of the United Nations and Regional Arrangements; The United Nations; Strengths of the UN; Limitations of the UN; Strengthening the UN for Prevention; Reform of the Security Council; The UN’s Role in Long-Term Prevention; The International Financial Institutions; Regional Arrangements; Security Organizations; Economic Organizations; Dialogue and Cooperation Groups); and chapter 7: “Toward A Culture Of Prevention” (The Challenge To Educate; The Mass Media; Religious Institutions; The United Nations; The Challenge To Lead; Lessons of World War II; The Vision of Nelson Mandela; Toward Wiser Decision Making; The Challenge To Communicate; The Promise of Prevention). 853.
Charny, Israel W. (Ed.) (1984). Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press, 396 pp. Included herein are a select number of papers presented at the historic International Conference on the Holocaust and Genocide held in Tel Aviv, Israel, in 1982. Part V of the book (“Toward Intervention and Prevention”) includes the following six chapters: “Extrajudicial Execution, International Alerts and Campaigning” by Daan Bronkhorst; “The Bottom Line in Preventing Future Holocausts” by Julius Lieblein; “The United Nations and Genocide: A Program of Action” by Leo Kuper; “Reason and Realpolitik: International Law and the Prevention of Genocide” by Louis René Beres; “From Theory to Application: Proposal for an Applied Science Approach to a Genocide Early Warning System” by Ephraim M. Howard and Yocheved Howard; and “World Genocide Tribunal: A Proposal for Planetary Preventive Measures Supplementing a Genocide Early Warning System” by Luis Kutner and Ernest Katin.
854.
Clapham, Andrew (2002). “Human Rights,” pp. 232–252. In E. Wayne Nafziger and Raimo Väyrynen (Eds.) The Prevention of Humanitarian Emergencies. New York: Palgrave. In this chapter, Clapham, professor of Public International Law at the Graduate Institute of International Studies, Geneva, argues that human right norms can aid understanding of [any humanitarian emergency], and [goes on to suggest potential] solutions to the tensions that underline conflict. In fact, the chapter argues that the political problems that produce
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complex humanitarian emergencies (CHEs) can only be resolved if the solutions incorporate respect for human rights as a cornerstone of the rebuilding programme. (p. 232)
The chapter is comprised of the following sections: Failing to Consider the Human Rights Dimensions of CHEs; The Potential Use of Human Rights Information for Early Warning; Emergency Humanitarian Assistance and the Human Rights Dilemma; Reporting; and Ending Impunity. 855.
Cockell, John G. (2002). “Planning Preventive Action: Context, Strategy, and Implementation,” pp. 185–212. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. In his introduction, Cockell, an associate in the conflict analysis development unit at the London School of Economics, writes that “Preventive action . . . implies both the strategic and integrated application of a range of preventive measures in protracted conflicts. It should also be understood to be applicable, in various configurations, to all phases of conflict escalation, from low-intensity societal tensions through to postconflict peacebuilding. The purpose of this chapter will be to examine the key issues of causal complexity and cross-sectoral implementation of operational action as well as the planning connections between these two points: preventive action strategy.” (p. 186)
856.
Cushman, Thomas (2003). “Is Genocide Preventable? Some Theoretical Considerations.” Journal of Genocide Research, December, 5(4):523– 542. In this article, the author provides “an analysis of the idea of prevention in genocide studies, along with some theoretical and empirical reflections on the problems and prospects of the prevention of genocide in the twenty first-century” (p. 523).
857.
Fein, Helen (1993). “Never Again? A Ten Step Program to Stop Genocide.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:8–10. In this piece, Fein, executive director of the Institute for the Study of Genocide, states that The following ten steps comprise aspects of a proactive policy which would use both sanctions and incentives as levers, assuming that governing elites are rational actors—intent on retaining power, respect and influence. The first nine ways could start now. Some of the following steps should apply to all cases; others need to be assessed in terms of their appropriateness for particular cases, taking account of the rules of war and U.S. commitments to international treaties and organizations. (p. 8)
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The ten steps that Fein suggests (and then briefly discusses) are: 1. “Penalize perpetrators of gross violations of human rights promptly and reward states which rectify past policies of violation; 2. Tie political legitimacy to protecting human rights; 3. [C]hange the political environment of the potential perpetrators; 4. Prevent escalation of conflict wherever possible; 5. Enable independent investigators, social scientists, lawyers, and mediators to evaluate human rights violations and risks and help countries seeking to change their ways; 6. Take prompt and forceful action to move the perpetrator to stop, or consider means of humanitarian intervention; 7. When we can’t stop the perpetrators, help the victims fight back if defense is possible; 8. Enable the victims of genocide, persecution and indiscriminate killing to flee by providing means of rescue and giving asylum promptly; 9. Recognize the victims publicly and shame the perpetrators of past genocides; and 10. Create an international criminal court to prosecute acts of genocide and other international crimes in order not only to prosecute offenders but to get some restitution for the victims” (pp. 8, 9, 10). 858.
Fein, Helen (1999). “Prevention of Genocide,” pp. 468–470. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. In this short piece, Fein discusses various underlying conditions of genocide, the political conditions and situations in which genocide is most likely to occur, the proximate signs of genocide, who is responsible for preventing genocide, potential means to deter genocide, and the types of intervention that were used in the last half of the twentieth century to end genocide. At the outset of this piece, Fein notes that “The prevention of genocide must be related to its underlying causes and a choice made as to the level of prevention and timing of the response” (p. 468).
859.
Gardner, Anne-Marie (2002). “Diagnosing Conflict: What Do We Know?”, pp. 15–40. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. This piece, by a Ph.D. candidate in Political Science at Princeton University, is comprised of four sections: 1. causes of conflict; 2. causes of peace; 3. theories on conflict trends; and 4. potential issues for formulating “actionable recommendations” by the United Nations. In her introduction, Gardner observes that Despite wide variation in approaches and focal points, there appears to be convergence in two fundamental areas [vis-à-vis causes of conflict]. First, four factors appear repeatedly as especially prominent causes of conflict: insecurity, inequality, private incentives, and perceptions. These factors often
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work in tandem: economic inequalities may exacerbate security concerns, and perceptions fuel incentives to initiate or support conflict. Increasingly emphasized in the literature is the role played by economic factors, such as economic inequalities or the economic incentives of subnational actors. Prevention efforts must therefore utilize a multipronged approach, addressing multiple factors in a coordinated fashion, and emphasize previously neglected economic factors. Second, these causes interact with each other across time. Scholars designate some factors as structural causes and some as mobilizing factors that more directly precipitate the outbreak of war. Structural factors are the deeply rooted, underlying causes of conflict that may not always develop into violence. Mobilizing factors are more immediate to the conflict and often involve the actions of elites and/or masses. Thus, prevention should target underlying causes with long-term approaches and mobilizing factors with short-term prevention efforts—the later focused on the role played by local actors. (p. 16)
860.
Gowing, Nik (2000). “Media Coverage: Help or Hindrance in Conflict Prevention?” pp. 203–226. In Stephen Badsey (Ed.) The Media and International Security. London: Frank Cass Publishers. Gowing, an international television news presenter and analyst of the role of the media and information handling in conflict management, analyzes the on-going debate regarding the power and influence of media coverage on conflict prevention. The subtitles within his essay are: The Media’s Role in Conflict Prevention; The Media or the Mediator: Which Comes First?; Pressure to “Do Something”: Media Pressure and National Interest; National Interest: The Media’s Complaint; Fear of Casualties and Likely Media Coverage: A Justifiable Anxiety?; The Media and NGOs in Conflict Management; The Unpredictable News Cycle and the Tyranny of Real Time; Is Media Coverage a Sine Qua Non for Conflict Prevention?; Western News Media and Conflict: The New Commercial Realities; Real-Time Technology and Conflict Coverage: The Ominous Paradox; Partiality in Conflict Reporting: The Media’s Secret Shame?; and The Media and Conflict: A Synergy for Prevention. Among the many conflicts the author addresses herein are the 1990s Balkans Crisis, the 1994 genocide in Rwanda, Burundi in the mid-1990s, and Kosovo in the mid- to late-1990s.
861.
Grossman, Georg S., and Lingnau, Hildegard (2003). Addressing the Past: How TC Can Help Societies Come to Terms with a Past Burdened by Violent Conflict. Eschborn, Germany: Deutsche Gesellschaft. 65 pp. The authors discuss how “Technical Cooperation” (TC) can, by facilitating the creation of conducive frameworks, assist affected countries in addressing their past as well as in initiating national reconciliation processes. The authors note that in addition to fostering dialogue, measures to address the
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past and promote reconciliation include structure-building measures such as the establishment or reform of key state institutions, the investigation of past wrongs, the furthering of reconciliation, and the establishment of measures to guarantee the rule of law. In their introduction, the authors claim that this publication “takes the ongoing conceptual development of the theme of crisis prevention and conflict management a step further” (p. 1). Among the genocidal conflicts that the authors discuss are Guatemala in the 1980s and 1990s and Rwanda in the early 1990s. 862.
Jentleson, Bruce W. (2000). Coercive Prevention: Normative, Political, and Policy Dilemmas. Washington, D.C.: United States Institute of Peace. 43 pp. This report, by a professor Public Policy and Political Science at Duke University, is comprised of the following sections: 1. “Introduction: Coercive Prevention”; 2. “The Realism of Conflict Prevention”; 3. “Coercive Prevention: Argument and Evidence”; 4. “Normative Dilemma: Sovereignty as Rights versus Sovereignty as Responsibility”; 4. “The Dilemma of Political Will: How Fixed, How Malleable the Domestic Constraints?”; 6. “Policy Dilemmas: Constituting Credible Coercive Threats and Wielding Effective Preventive Force”; and 7. “Conclusion: Difficult, but Possible.” At the outset of this report, Jentleson makes this trenchant observation: For all that has been proclaimed about the importance of preventive diplomacy, the reality of international action falls far short. While the first decade of the post-Cold War era did have some preventive successes, it was more marked (or marred) by missed opportunities. Even in such “success” cases as Kosovo [1999] and East Timor [1999], whatever may have been achieved was achieved only after mass killings, only after scores of villages were ravaged, only after hundreds of thousands were left as refugees. Yes, these conflicts were stopped from getting worse—but they were already humanitarian tragedies. (p. 5)
Jentleson goes on to assert that One of the key lessons of the first decade of the post-Cold War era is that while coercion is rarely sufficient for prevention, it often is necessary. To make this argument requires working through three fundamental dilemmas: a normative one concerning the legitimacy of coercive prevention with regard to classical conceptions of state sovereignty; a political one of whether domestic constraints can be sufficiently overcome so as to mobilize the necessary political will; and a policy one of devising strategies for constituting credible coercive threats and wielding military force preventively but effectively. Unless these core dilemmas can be mitigated, coercive prevention will continue to lack the normative, political, and policy bases it needs—and at best we will continue to do too little too late to prevent ethnic wars and other deadly “conflict.” (p. 5)
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863.
Jentleson, Bruce W. (Ed.) (2000). Opportunities Missed, Opportunities Seized: Preventive Diplomacy in the Post-Cold War World. Lanham, MD: Rowman and Littlefield. 431 pp. The collective authors in this volume weigh the value and likelihood of success in using preventive diplomacy to effectively address conflict by focusing on ten highly complex post -cold war cases. The book is comprised of the following parts and chapters: Part One: Overview (chapter 1: “Preventive Diplomacy: A Conceptual and Analytical Framework”; chapter 2: “The Warning-Response Problem and Missed Opportunities in Preventing Diplomacy”); Part Two: The Dissolution of the Soviet Union (chapter 3: “The War in Chechnya: Opportunities Missed, Lessons to Be Learned”; chapter 4: “The International Community and the Conflict over Nagorno-Karabakh”; chapter 5: “Preventive Diplomacy: Success in the Baltics”; chapter 6: “Preventive Diplomacy for Nuclear Nonproliferation in the Former Soviet Union”); Part Three: The Breakup of Yugoslavia (chapter 7: “Costly Disinterest: Missed Opportunities for Preventive Diplomacy in Croatia and Bosnia and Herzegovina, 19851991”; chapter 8: “Preventive Diplomacy for Macedonia, 1992–1999: From Containment to Nation Building”); Part Four: Ethnic Conflicts in Africa (chapter 9: “Somalia: Misread Crises and Missed Opportunities”; chapter 10: “Preventive Diplomacy in Rwanda: Failure to Act or Failure of Actions?”; chapter 11: “Prevention Gained and Prevention Lost: Collapse, Competition, and Coup in Congo”); Part Five: Rogue State Aggression (chapter 12: “Opportunity Seized: Preventive Diplomacy in Korea”; and Part Six: Conclusions (chapter 13: “Preventive Diplomacy: Analytical Conclusions and Policy Lessons”).
864.
Jentleson, Bruce W. (2003). “The Realism of Preventive Statecraft,” pp. 26–46. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations University Press. This chapter by Bruce Jentleson, who joined the faculty of Duke University on January 1, 2000, as director of the Terry Sanford Institute of Public Policy and Professor of Public Policy and Political Science, is comprised of four sections: (1) a discussion of the empirical and analytic bases supporting the claim that preventive statecraft is possible; (2) an explanation of the strategic logic of preventive statecraft; (3) an evaluation of the problems related to the issue of political will; and (4) the delineation of specific policy recommendations (e.g., diplomatic strategies, credible preventive military force, and establishing the norm of sovereignty as responsibility).
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447
Jonassohn, Curt, with Karin Solveig Bjornson (1998). Genocide and Gross Human Rights Violations in Comparative Perspective. New Brunswick, NJ: Transaction Publishers. 338 pp. Several chapters in this book address the issue of the prevention of genocide: chapter 5. “The Consequences of Ideological Genocides and Their Role in Prevention”; chapter 8. “Prevention without Prediction”; chapter 9. “Rethinking the Conceptualization of Genocide and Gross Human Rights Violations”; and chapter 10. “On the Prevention of Unpunished Crimes.”
866.
Joulwan, George A., and Shoemaker, Christopher C. (1998). CivilianMilitary Cooperation in the Prevention of Deadly Conflict: Implementing Agreements in Bosnia and Beyond. New York: Carnegie Corporation of New York. 56 pp. In this report, the authors (Joulwan was supreme allied commander in Europe, and Shoemaker is vice president of MPRI, a firm in Virginia “that specializes in transition to democracy, governmental and defense structure, and issues of national security”) “present a set of principles for civilianmilitary implementation of peace agreements, outline structural-functional imperatives for integrating and coordinating the efforts of the international community, and suggest that the key to prevention of a renewal of deadly conflict lies in the establishment of an effective civilian-military implementation staff (CMIS)” (p. 2).
867.
Lake, David A., and Rothchild, Donald (1998). “Ethnic Fears and Global Engagement,” pp. 339–350. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. Lake, professor of Political Science at the University of California at San Diego, and Rothchild, Professor of Political Science at the University of California at Davis, draw some general lessons for both theory and policy in regard to the following questions: “How, why, and when do ethnic conflicts spread across state borders?” and “How can such transnational ethnic conflicts best be managed?” Under a section entitled “Toward Practical Initiatives,” they recommend four specific avenues of action: 1. Manage Information; 2. Assist “Failing States”; 3. Invest in Implementation; and 4. Plan and Prevent.
868.
Lamborn, Alan C. (1998). “Theoretical and Historical Perspectives on Collective Security: The Intellectual Roots of Contemporary Debates about Collective Conflict Management,” pp. 31–56. In Joseph Lepgold and Thomas G. Weiss (Eds.) Collective Conflict Management and Changing World Politics. Albany: State University of New York Press.
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In this essay, Lamborn, professor of Political Science at Colorado State University, discusses the following: shared assumptions about the politics of strategic interaction, historical perspectives on collective security, theoretical perspectives on collective security, and implications for collective conflict management. 869.
Lund, Michael S. (2001). “Why Are Some Ethnic Disputes Settled Peacefully, While Others Become Violent? Comparing Slovakia, Macedonia, and Kosovo,” pp. 128–178. In Hayward R. Alker,Ted Robert Gurr, and Kumar Rupesinghe (Eds.) Journeys Through Conflict: Narratives and Lessons. Lanham, MD: Rowman & Littlefield Publishers. Lund, professorial lecturer at the School of Advanced International Studies, Johns Hopkins University, notes that “The purpose of this chapter is to illustrate how a comparative approach can target critical entry points for effective preventive interventions. An empirically-informed, structured comparison of various possible sources of conflicts in three similar cases is used to identity why political tensions and disputes led to peaceful political negotiations in some situations, but led to convulsing international conflicts in others. These key ‘swing’ factors thus suggest promising entry points for preventive actions” (p. 130).
870.
Miall, Hugh (2004). “Transforming Ethnic Conflict Theories and Practices,” pp. 160–173. In Andreas Wimmer, Richard J. Goldstone, Donald L. Horowitz, Ulrike Joras, and Conrad Schetter (Eds.) Facing Ethnic Conflicts: Toward a New Realism. Lanham, MD: Rowman & Littlefield Publishers. The various sections of this essay include the following: “Is There a Theory of Conflict Transformation?”; “Conflict Transformation Theories”; “From a Theory of Conflict to a Theory of Conflict-in-Context”; “Coordination and Multi-track Diplomacy”; and “Assessing the Impact of Ethnic Conflicts.”
871.
Nafziger, E. Wayne, and Väyrynen, Raimo (Eds.) (2002). The Prevention of Humanitarian Emergencies. New York: Palgrave. 322 pp. This collection of essays addresses a host of issues related to preventing humanitarian emergencies. More specifically, the contributors provide an analysis and an inventory of instruments for donors, international agencies, and developing countries to prevent humanitarian emergencies. The emphasis is on long-term development policies rather than mediation or reconstruction after the conflict ensues. Policies include democratization, reforming institutions, strengthening civil society, improving the state’s administrative capability, agrarian reform, accelerating economic growth through stabilization and adjustment, reducing inequalities, and redesigning aid to be more stable. Among the areas of conflict addressed are: Burundi, Bosnia, and Rwanda.
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This book is comprised of the following parts and chapters: 1. “The Political Economy of Preventing Humanitarian Emergencies—Asking the Questions” by E. Wayne Nafziger; Part I: International Economic Responses (2. “Macroeconomic Stabilization and Structural Adjustment” by Christopher Cramer and John Weeks; 3. “Global Linkages, Vulnerable Economies and the Outbreak of Conflict” by Valpy FitzGerald); Part II: Domestic Economic Responses (4. “State Legitimacy, Tax Reform, and the Provision of Basic Service” by John Toye; 5. “Agrarian Reform, Land Redistribution and Small-Farm Policy” by R. A. Berry; 6. “Protecting Environmental Resources and Preventing Land Degradation” by Gaim Kibreab); Part III. Governmental and Non-Governmental Strategies (7. “Preventing Humanitarian Emergencies: Human Security and Strategic Action” by Raimo Väyrynen; 8. “Democratization and Institutional Reform” by Richard Sandbrook; 9. “Donor Governments” by Helge Hveem; 10. “Transnational Non-Governmental Organizations: The Edge of Innocence” by William E. DeMars; 11. “Multilateral Military Responses” by Thomas G. Weiss; 12. “Human Rights” by Andrew Clapham; 13. “The Geopolitics of Mercy: Humanitarianism in the Age of Globalization” by Antonio Donini; and “Conclusion: Lessons for Preventative Action” by Raimo Väyrynen). 872.
Nicolaïdis, Kalypso (1996). “International Preventive Action: Developing a Strategic Framework,” pp. 23–69. In Robert I. Rotberg (Ed.) Vigilance and Vengeance: NGOs Preventing Ethnic Conflict in Divided Societies. Washington, D.C.: Brookings Institution Press. Nicolaïdis, assistant professor of public policy at the Kennedy School of Government at Harvard University, addresses the following questions: “What is the comparative advantage of NGOs and how can they best collaborate with governments?” “What is or should be the role of early warning in international preventive action, and what should be the role of NGOs in providing what types of early warning?” “Under what conditions should NGOs be involved in formulating and even in helping to implement responses to early warning?” and “More important, to what extent does prevention require early warning at all, and what can be done to strengthen the prediction-free dimension of prevention?” (pp. 26–27). The essay is comprised of the following sections: The Critiques of Prevention: Delusion, Perversion and Diversion; Assessing Requirements for Preventive Action: The Conflict Prevention Cycle; Categories of Preventive Action; Four Paradigms of Intentional Preventive Action (Coercive Diplomacy, Institutional Inducement, Cooperative Management, and Transformative Prevention); Combining Approaches: A Strategic Road Map; and Building a Culture of Prevention.
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873.
O’Neil, Maureen, and Tschirgi, Necla (2002). “The Role of Research and Policy Analysis,” pp. 275–296. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. The sections that comprise this chapter are: The Knowledge Base of Conflict Prevention, and New Mechanisms for Linking Research, Policy, and Action in Conflict Prevention (Carnegie Commission on Preventing Deadly Conflict, Forum on Early Warning and Early Response, International Crisis Group, Peace Implementation Network, Conflict Prevention Network, European Platform for Conflict Prevention and Transformation, and International Institute for Democracy and Electoral Assistance).
874.
Robinson, Mary (1999). “Genocide, War Crimes, Crimes Against Humanity.” Fordham International Law Journal, 23(2):275–285. In this address to the Fordham University School of Law, Robinson, the United Nations High Commissioner for Human Rights, suggests a number of areas where action could be taken to attempt to halt the widespread perpetration of atrocities across the globe. Among those she suggests are: national judicial authorities must take “the position that grave human rights violations must be accounted for, irrespective of the amount of time that may have elapsed or the standing of the individual concerned” (p. 277); individuals, governments, and peoples need to rally behind the Geneva Conventions (p. 281); and governments and international bodies “need to step up the level of preventive actions. There must be an end to the pattern where intervention by armed forces stops atrocities only after the fact” (p. 283); and an all out effort to address the “root causes of conflict and “to deliver all human rights to all people” (p. 283).
875.
Rosenau, James N. (2000). States, Sovereignty, and Diplomacy in the Information Age (Virtual Diplomacy Series). Washington, D.C.: United States Institute of Peace. 16 pp. In this piece, Rosenau, university professor of international affairs at the Elliot School, George Washington University, provides an overview of one panel discussion (“Virtual Diplomacy: A Revolution in Diplomatic Affairs—Theory and Case Studies”) held during a conference organized by the U.S. Institute of Peace on the theoretical and practical impact of the new information and communications technologies on global relations and the potential for future development of theory, research and applications. The two main issues discussed herein are: (1) the impact of the information revolution on post-cold war diplomacy; and (2) considerations of a strategy that mobilizes information tools and resources to prevent, manage, or resolve current and future international conflicts.
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Rubin, Barnett R. (2002). Blood on the Doorstep: The Politics of Preventive Action. New York: The Century Foundation Press. 256 pp. This book is comprised of two parts and eleven chapters. The chapters most germane to the focus of the prevention of genocide are: 1. “What Is at Stake?” and 2. “Conflicts and Their Causes: Acres of Desolation”; Part One: Case Studies: 3. “Burundi and the Great Lakes Regions of Central Africa”; 4. “The South Balkans: Landscape Painted with Blood”; and Part Two: Preventing Violent Conflicts: Analytical Framework and Strategies: 7. “Prevention: Concept and Scope”; 8. “Warning: Risk Assessment and Monitoring”; 9. “Systemic Prevention”; 10. “Targeted Prevention”; and 11. “Organizing Prevention.”
877.
Rubin, Barnett R. (2002). “Systemic Prevention,” pp. 151–160. In Barnett R. Rubin’s Blood on the Doorstep: The Politics of Preventive Action. New York: The Century Foundation Press. In his introduction to this chapter, Rubin asserts the following: Unless we confront the ways in which our own institutions and practices foment violence, we beneficiaries of [the] global economy engaged in the work of international prevention are no more than halfheartedly patching up damage we have an interest in preventing. A global economy needs a global social policy and a global politics. Systemic prevention has several advantages; it avoids the dilemma of foreign intervention and affects many conflicts or potential conflict situations simultaneously. For instance, developed countries can implement banking regulations that prevent corrupt rulers from exporting their funds without intervening to depose these rulers. . . . Some systemic measures seek to gain better control over flows of economic resources that strengthen incentives and capacities for violence. Others seek to institutionalize sanctions and incentives tied to standards of behavior. (p. 151)
878.
Rubin, Barnett R. (2002). “Targeted Prevention,” pp. 161–184. In Barnett R. Rubin’s Blood on the Doorstep: The Politics of Preventive Action. New York: The Century Foundation Press. In his introduction to this chapter, Rubin notes and then asserts that “Most of what people think of as conflict prevention . . . consists of programs targeted at specific situations. Such programs are aimed at affecting both risk factors (structural prevention) and escalation (operational prevention). In practice the two always have to be integrated in common strategies” (p. 161). The chapter is comprised of the following sections: Strategies; Structural Prevention: Development and Governance (Development; Governance; and Regional Structures); and Operational Prevention: Conflict Management, Coercive Diplomacy, and Intervention (Cooperative Conflict Management; and Coercive and Inducive Measures).
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879.
Rupesinghe, Kumar with Sanam Naraghi Anderlini (1998). Civil Wars, Civil Peace: An Introduction to Conflict Resolution. London: Pluto Press. 179 pp. The authors present what they deem to be “a radical new approach” to conflict prevention, resolution, and diplomacy. In doing so, they provide an overview of conflict in the post-cold war world, covering such key topics as identifying and assessing early warnings of conflict, and the need to take early action; information gathering and analysis; and the need for preventive diplomacy. In particular, the role of nongovernmental organizations and other third party mediators in conflict resolution is considered. The book is comprised of the following five parts (select subtopics are highlighted herein that are most germane to the prevention of genocide): I. “Beyond the Cold War” (The Resurgence of Religion; Poverty, Expectations and Structural Adjustment; The Proliferation of Weapons and the Privatization of Security; A Step into the Past: The United Nations and the Prevention of War; Boutros Boutros-Ghali’s Agenda for Peace; The Cost of Failure); 2. “Characteristics of Internal Conflicts” (When Does a Conflict Turn into a War? From Social Grievances to Armed Conflict; Asymmetrical Power Relations; A Typology of Conflict; The Intractable Nature of Internal Conflicts); 3. “From Early Warning to Early Action” (The Continuum of Conflict; Sounding the Alarm—Devising a System for Early Warning; Information Gathering; Information Analysis; Responding Appropriately; Reasons for Failure—Lessons from Early Warning Systems; Generating Early Action; Taking Action; A Range of Options; Skeptics and Critics); 4. “The Diplomacy Continuum” (Pitched into a New Era—The UN’s Recent Developments; What Alternatives Exist?—Non State Actors; Basic Observations on Third Party Intervention; Burden-Sharing; Multi-Track Diplomacy; Third Party NGO Intervention—The Decision to Engage Complementary Initiatives Through Conflict Phases; Evaluations and Effectiveness); and 5. “Ending Warfare, Creating Accountability.”
880.
Scherrer, Christian P. (2002). Structural Prevention of Ethnic Violence. New York: Palgrave Macmillan. 328 pp. Written by a senior researcher in conflict and peace studies, who is also a professor at the Hiroshima Peace Institute in Hiroshima City University, Japan, this book is comprised of the following: “Introduction: Ethnos, Nations, Ethno-nationalism and Conflict”; 1. “Contemporary Mass Violence”; 2. “Approaches to Identifying and Dealing with Violent Conflicts”; 3. “Peaceful Conflict Settlement, Go-between Facilitation and the Timing of Responses to Conflict”; 4. “Autonomy, Free Association and Self-governance”; 5. “Nationality Policy as Violence Prevention: A Brief Comparison of Large
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States”; 6. “The Imperative of Genocide Prevention and Elimination”; and “Summary and Conclusions.” Speaking of the focus of the book, Scherrer writes: The global trend to “ethnic,” ethnicized and ethno-nationalist conflicts has increased over the last decades. But ethnicity cannot serve either as a rationale or as a fig-leaf to be used when other interpretations fail. Ethnic violence is a response to difficult, protracted crises. The question of what drives it leads on to the question of the nature of ethnicity itself and of what constitutes the ethnic basis of nations. Responses to conflict can only be effective if informed by a comprehensive understanding of contemporary mass violence. Starting from this base, the study addressees the themes of prevention, management and transformation of “ethnic” intra-state conflicts. The main topics are responses to conflict such as constructive approaches to dealing with violent conflicts, peaceful conflict settlement and the question of the timing of response, autonomy arrangements, collective rights, self-governance, nationality policies and federal arrangements. The political-cum-humanitarian concern is to ensure that all possible means of avoiding violent forms of interaction in a multi-ethnic setting are strengthened and made more attractive. This leads on to the question of how ethnic or cultural difference is to be understood and acknowledged. (p. 230)
881.
Schetter, Conrad (Eds.) (2004). Facing Ethnic Conflicts: Toward a New Realism. Lanham, MD: Roman & Littlefield. 392 pp. This volume provides a solid overview of research and policy approaches to ethnic conflicts. Comprised of essays by experienced policy makers and scholars from a wide variety of disciplines, the authors set out to attempt to delineate the causes behind the rise and escalation of ethnic conflict, assess different strategies for peacemaking, mediation, and reconciliation, and evaluate the prospects for conflict management through institutional design. The collective authors recognize the complex and protracted nature of such conflicts and that such demands a multifaceted, case-by-case approach sustained by long-term political engagement. The book is comprised of the following: “Introduction: Facing Ethnic Conflicts” by Andreas Wimmer; “A Few Cautionary Notes on the History and Future of Ethnonationalist Conflicts” by Walker Connor; “Ethnicity without Groups” by Rogers Brubaker: “Ethnic Conflict and the Colonial Legacy” by Christopher J. Bakwesegha; “Exclusion, Marginalization and Political Mobilization: The Road to Hell in the Great Lakes” by René Lemarchand; “Conflicts Start with Words: Fighting Categories in the Chechen Conflict” by Valery A. Tishkov; “The Asymmetry Between the Dynamics of Violence and the Dynamics of Peace: The Case of Civil Wars” by Peter Waldmann; “Looking Back, Looking Forward: Reflections on Preventing Inter-ethnic
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Conflict” by Max van der Stoel; “Operationalizing the Lessons from Recent Experience in Field-Level Conflict Prevention Strategies” by Michael S. Lund; “Sources and Settlements of Ethnic Conflicts” by I. William Zartman; “Transforming Ethnic Conflict: Theories and Practices” by Hugh Miall; “From Resolution to Transformation: Assessing the Role and Impact of Dialogue Projects” by Norbert Ropers; “Justice and Reconciliation in Fragmented Societies” by Richard J. Goldstone; “Ethnic Pluralism: Strategies for Conflict Management” by Milton J. Esman; “External Democracy Support: Challenges and Possibilities” by Angel Viñas ; “Liberalism, Democracy, and Conflict Management: The African Experience” by Donald Rothchild; “Some Realism about Constitutional Engineering” by Donald L. Horowitz; “The Politics of Electoral Systems in Transition” by Andrew Ellis; “Territorial Autonomy: Permanent Solution or Step Toward Secession?” by Hurst Hannum; “Containing Ethnonationalist Violence” by Michael Hechter; “Decentralized Governance in Fragmented Societies: Solution or Cause of New Evils?” by Walter Kâlin; “Hidden Ties: Similarities between Research and Policy Approaches to Ethnic Conflicts” by Ulrike Joras and Conrad Schetter; and “Toward a New Realism” by Andreas Wimmer. 882.
Schnabel, Albrecht, and Carment, David (Eds.) (2004). Conflict Prevention from Rhetoric to Reality, Volume 1: Organizations and Institutions. Lanham, MD: Lexington Press. 456 pp. In Conflict Prevention from Rhetoric to Reality, Volume 1: Organizations and Institutions conflict prevention specialists from Asia, Africa, Europe, and the Americas, with professional experience in regional organizations, the UN, and various NGOs and research organizations, argue as follows: As a concept as well as a policy, conflict prevention is moving beyond rhetorical commitments and symbolic, ad hoc, activities. Institutional, long-term efforts specifically targeted at the prevention of violent conflict have become more than just wishful thinking. Together with local actors, many governments, regional organizations and the UN are embracing preventive action as a viable path towards sustainable peace. The contributions to this volume trace conflict prevention efforts in various regional contexts and explain how preventive thinking is being successfully mainstreamed into the activities of regional organizations and the UN. They show that, while conflicts may not always be prevented, even in cases where reliable monitoring triggers effective early warning and preventive action, the likelihood of an outbreak of violent conflict can be greatly reduced by determined, systematic efforts to address the root causes of potential violence. (n.p.)
The book is comprised, in part, of the following chapters: “Mainstreaming Conflict Prevention: From Rhetoric to Reality” by Albrecht Schnabel and David Carment; “The Conflict Prevention Agenda in Central Asia” by Anara
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Tabyshalieva; “Status Quo Policy and Conflict Prevention in Central Asia” by Shahram Akbarzadeh and Rafis Abazov; “Conflict Prevention in South Asia” by Chetan Kumar; “Conflict Prevention in East Asia” by Medardo C. Abad, Jr.; “The OSCE as Primary Instrument of Conflict Prevention in Europe: Frameworks, Achievements, and Limitations of OSCE’s Preventive Action” by Monika Wohlfeld; “Conflict Prevention and Management in Africa” by Teferra Shiawl-Kidanekal; “Conflict Prevention: Responses by Subregional Organizations and Civil Society Organizations in Eastern Africa” by Njeri Karuru; “The European; “Conflict Prevention is Happening: Learning from ‘Successes’ as Well as ‘Failures’” by Michael S. Lund; “The Role of the Organization of American States in Conflict Prevention” by Yadira A. Soto; “Early and Late Warning by the UN Secretary-General of Threats to the Peace: Article 99 Revisited” by A. Walter Dorn; “UN Strategic and Operational Coordination: Mechanisms for Preventing and Managing Conflict” by Colleen Duggan; “Building UN Capacity in Early Warning and Prevention” by Charles Dufresne and Albrecht Schnabel; and “Conflict Prevention Mainstreaming: A Comparison of Multilateral Actors” by Annika Bjàrkdahl. 883.
Staub, Ervin (1989). The Roots of Evil: The Origins of Genocide and Other Group Violence. New York: Cambridge University Press. 336 pp. In chapter 15, “Summary and Conclusion: The Societal and Psychological Origins of Genocide and Other Atrocities,” Staub discusses, in part, whether genocide can be predicted or not. In doing so, he examines such issues as difficult life conditions, cultural preconditions, the psychology and motives of perpetrators, the psychological processes of groups, “steps along the continuum of destruction,” “more and less central origins of genocide,” and “predicting genocide and mass killing.” Towards the end of the chapter Staub states the following: “My analysis suggests ways to prevent group violence. In the short run we can diagnose predispositions. We can identify the motivations of groups and the destructive potential in the ways they attempt to fulfill them. We can try to make individuals and nations aware of their power and obligations as bystanders. A more permanent decline in the probability of group violence requires changes in individual personalities, in culture and social organization, and in the international system” (pp. 243–244). The latter concern is discussed in Part IV of the book. Part IV of the book, Further Extensions: The Roots of War and the Creation of Caring and Nonaggressive Persons and Societies, includes the following chapters: “The Cultural and Psychological Origins of War”; “The Nature of Groups: Security, Power, Justice, and Positive Connection”; and “The Creation and Evolution of Caring, Connection, and Nonaggression.”
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884.
Stedman, Stephen John (1998). “Conflict Prevention as Strategic Interaction: The Spoiler Problem and the Case of Rwanda,” pp. 67–86. In Peter Wallensteen (Ed.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. Stedman, a senior research scholar at CISAC, Stanford University, discusses the concept of “spoilers” (“which exist only when there is a peace process to undermine, that is, after at least two warring parties have committed themselves publicly to a pact or have signed a comprehensive peace agreement,” pp. 69–70), and how the “spoiler” problem impacted the situation in Rwanda and, ultimately, led to the 1994 genocide. In his discussion, Stedman presents/examines the following: a preliminary typology of spoilers; inside and outside spoilers; number, types, and locus of spoilers; strategies of spoiler management; custodian strategies and types of spoilers; limitations of the custodian; the issue of peacemaking; Rwanda, a case of failed spoiler management; and spoiler management. At the outset of his essay, Stedman writes: The single largest error in the conflict prevention literature is the tendency of scholars to analyze conflict as something divorced from its antagonists. Metaphors of prevention suggest that conflict is something mechanical, as opposed to something relational among human beings. One author, [for example,] proposes a tool-box for practitioners of prevention, suggesting that preventing violent conflict is akin to fixing a leaky faucet. [Such] metaphors, and hence the analyses that flow from them, profoundly mislead about what conflict prevention is and how it can be accomplished. Properly understood, conflict prevention is about convincing human beings who strategically calculate how to achieve their goals and who may possess incommensurable worldviews that their interests can be and should be pursued while refraining from violence. . . . Many who have studied preventive action have engaged in cheerleading rather than the tough-minded assessment that might have strengthened practice. We have . . . few works that provide accurate diagnoses of different kinds of conflict situations and actors, specify alternative strategies of prevention and link the two in ways that could inform policy-making . . . Between 1994 and 1998 there were few successes of conflict prevention in the real world. The world had ample early warning of potential large-scale violence in places like Kosovo and Congo, prompting pundits to fault a lack of international will as the key missing factor in successful prevention. But in their exhortation to act, those same pundits ignore a key intermediate step: recommending a strategy of prevention and clearly specifying what actions by outsiders will persuade all sides in a conflict from refraining from the use of violence, while at the same time convincing them to pursue necessary societal, political, economic, and cultural changes that address the grievances of people, leaders and organizations who are in conflict (italics added).
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My own approach to conflict prevention emphasizes strategic interaction and focuses on implementation of peace agreements and the imperative of preventing wars from erupting again once agreements have been signed—what is . . . accurately called post-agreement peacebuilding. (pp. 67–68)
885.
Stewart, Frances (2002). “Horizontal Inequalities as a Source of Conflict,” pp. 105–136. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. In the introduction to this essay, Stewart, director of the International Development Centre and Fellow of Somerville College at the University of Oxford, argues that horizontal inequalities (e.g., inequality in political, economic, and/or social conditions among culturally and/or geographically distinct groups) are one of the major causes of conflict. More specifically, Stewart states that “the aim [of this chapter] is to suggest how introducing crisis prevention into policymaking would alter the normal design of policy for low-income countries. Among the many conflicts mentioned are Iraq’s “suppression” of the Kurds, the 1994 genocide in Rwanda, and the ongoing killings (throughout the 1990s and into the early 2000s) in Burundi.
886.
Tilley, Charles (2003). The Politics of Collective Violence. New York: Cambridge University Press. 276 pp. Tilley, professor of Social Science at Columbia University, examines the common causes, combinations and settings that help to explain collective violence and its variations, and also identities what he perceives as the best way to mitigate violence and create democracies in which there is a minimum of damage to persons and property. While the book is not about genocide per se (e.g., he examines a wide range of violence—from soccer hooliganism to sabotage by peasants of landlords’ property and from incidents of road rage to the terroristic actions of September 11, 2001), he does address the issue of genocide throughout the book.
887.
Uvin, Peter (2004). Human Rights and Development. Bloomfield, CT: Kumarian Press. 241 pp. In Human Rights and Development, Uvin, professor of international humanitarian studies at the Fletcher School, Tufts University, provides a variety of ideas and methods vis-à-vis possible strategies for reducing conflict and improving human rights outcomes. By advocating a rights-based approach to development, Uvin suggests ways as to how practitioners can possibly surmount the complex and difficult ethical and human rights obstacles encountered in their work. The book is comprised of the following parts, chapters and sections: Part I: Some Debates of Relevance to the Development Practitioner (1.
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“Background” (The Big Picture; The Human Rights Debates); 2. “The Legal Challenges” (The Charge of Eurocentrism; The Contested Nature of Second- and Third-Generation Rights); Part II: Human Rights in the Practice of Development (3. “The Basics”; 4. “Political Conditionality”; 5. “Positive Support” (The Practice of Positive Support; The Tools of Positive Support; Does Positive Support—If Not All Aid—Undermine Governance by Definition?); 6. “A Rights-Based Approach to Development”; and “Final Synthesis and Questions.” 888.
van Walraven, Klaas (Ed.) (1998). Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. 204 pp. This book is the result of an international symposium on early warning and conflict prevention held at the Netherlands Institute of International Relations “Clingendael” in November 1996. The book is comprised of ten chapters (plus an appendix and a bibliography): 1. “Introduction”; 2. “Intergovernmental Organizations and Preventing Conflicts: Political Practice Since the End of the Cold War” by Klaas van Walraven; 3. “Humanitarian and Conflict-oriented Early Warning: A Historical Background Sketch” by Howard Adelman; 4. “Difficulties in Early Warning: Networking and Conflict Management” by Howard Adelman; 5. “Acting Early: Detection, Receptivity, Prevention, and Sustainability: Reflecting on the First Post-Cold War Period” by Peter Wallensteen; 6. “From Information to Political Action: Some Political Prerequisites” by Ruddy Doom; 7. “Early Warning and Conflict Prevention: The Role of the United Nations” by James S. Sutterlin; 8. “Prospects for a Division of Labour: African Regional Organizations in Conflict Prevention” by Gilbert M. Khadiagala; 9. “Peace-Building and African Organizations: Towards Subcontracting or a New and Sustainable Division of Labour” by Timothy M. Shaw, Sandra J. MacLean and Katie Orr; and 10. “Conclusion.” The Appendix, “Debating Early Warning and Conflict Prevention,” is basically an outline of the discussions that were generated by the papers presented at the symposium.
889.
Väyrynen, Raimo (2003). “Challenges to Preventive Action: The Cases of Kosovo and Macedonia,” pp. 47–69. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion. New York: United Nations Press. Väyrynen, professor of Government at the University of Notre Dame, examines two interdependent case studies, Kosovo and Macedonia, in order to attempt to ascertain which factors contribute to the success and failure of conflict prevention. Additionally, he analyzes how horizontal and vertical prevention efforts interact and how such interaction is shaped by the different phases of a conflict.
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Väyrynen, Raimo (2002). “Conclusion: Lessons for Preventive Action,” pp. 269–278. In E. Wayne Nafziger and Raimo Väyrynen (Eds.)The Prevention of Humanitarian Emergencies. New York: Palgrave. This chapter is comprised of two main sections: Domestic Strategies and International Strategies.
891.
Väyrynen, Raimo (2002). “Preventing Humanitarian Emergencies: Human Security and Strategic Action,” pp. 13–150. In E. Wayne Nafziger and Raimo Väyrynen (Eds.) The Prevention of Humanitarian Emergencies. New York: Palgrave. This chapter is comprised of the following sections: The Promises and Limits of Preventive Action, Types of Preventive Action, Strategies of Preventive Action, Transforming a Violent Society, and Economic and Humanitarian Strategies.
892.
Vuckovic, Gojko (1999). “Promoting Peace and Democracy in the Aftermath of the Balkan Wars: Comparative Assessment of the Democratization and Institution-Building Processes in Croatia, Bosnia and Herzegovina, and Former Yugoslavia.” World Affairs, Summer, 162(1):3–10. A short but thought-provoking essay on the crisis precipitated by the democratization in socialist countries following the end of the cold war, and suggestions in regard to how such crises (e.g., ethnic violence and intrastate wars) could possibly be avoided. Concluding his essay, Vuckovic asserts that The violence that erupted in Kosovo and Metohija and the subsequent intervention of the international community indicate how important it is to start immediately with dialog and democratization processes that will include all groups from a pluralist society in designing the institutions of their mutual state. Empirical evidence of the democratization processes in the severely divided societies in the Balkans indicates that democratization led to violence rather than to national dialogue on the future constitutional order and political practices; lack of national dialogue and violence led to escalation of conflict that attracted the international community; the international community intervened by providing and enforcing a peace agreement to bring peace and replace or supplement the existing constitutional order. . . . Timely and balanced involvement of the international community appears to be necessary. However, to spare them from unnecessary losses and human suffering, efforts of the international community to aid democratization should start before violence erupts by providing support for substantial democratization, rather than relying on intervention to stop the violence, and to provide and enforce the peace agreements. (p. 10)
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893.
Wallenstein, Peter (Ed.) (1998). Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. 307 pp. This volume is comprised of two parts and fourteen chapters: Past Record (1. “Preventive Security: Direct and Structural Prevention of Violent Conflicts” by Peter Wallensteen; 2. “Preventive Action and Preventive Diplomacy” by Jan Eliasson and Robert Rydberg; 3. “The Security Council in Preventive Action” by Jürgen Dedring; 4. “Conflict Prevention as Strategic Interaction: The Spoiler Problem and the Case of Rwanda”; 5. “Conflict Prevention in Burundi: A Case Study” by Lennart Wohlgemuth; “Conflict Prevention and Early Action in Albania: Too Little, Too Late?” by Zsuzsanna Racsmany; 7. “The Intervention That Never Was: Crises, Politics, and the Refugees in Eastern Zaire” by Margaret Sollenberg and Lars van Dassen); and Future Challenges (8. “Not Only When to Act, But How: From Early Warning to Rolling Prevention” by Michael S. Lund; 9. “New Threats and New Security: The Post-Cold War Debate Revisited” by Carl Johan Asberg and Peter Wallensteen; 10. “Peacebuilding and Human Security: Frameworks for International Responses to Internal Conflict” by John G. Cockell; 11. “Preventing Deadly Conflicts: The Contribution of International Mediation” by Jacob Bercovitch; 12. “Preventing Violent Conflict Through Kantian Peace” by Bruce M. Russett; 13. “Legitimacy, Justice and Preventive Intervention” by Dan Smith; and 14. “Security for the Next Century: Towards a Wider Concept of Prevention” by Anders Bjurner).
894.
Wallensteen, Peter (2002). “Reassessing Recent Conflicts: Direct vs. Structural Prevention,” pp. 213–228. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. Wallensteen examines and clarifies the relationship between direct and structural conflict prevention (the latter referring to measures such as the promotion of democracy, ethnic integration, international regional cooperation, arms control, and disarmament). Wallensteen states that the chapter “takes direct prevention as its point of departure, analyzes the measures involved, and then delineates the potential role of structural prevention” (p. 214). In accomplishing the latter, Wallensteen discusses the issues of predicting escalation and taking early action, and different forms of preventive action.
895.
Wallensteen, Peter; Heldt, Birger; Anderson, Mary B.; Stedman, Stephen John; and Wantchekon, Leonard (2001). Conflict Prevention Through Development Co-operation. Uppsala: Department of Peace and Conflict Research, Uppsala University. 60 pp.
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This book is comprised of the following chapters: 1. “Development Cooperation and Conflict Prevention”; 2. “Patterns of Armed Conflict and War”; 3. “Facing the Potential of Armed Conflict”; 4. “Understanding Conflict Dynamics in Protracted Wars; 5. “Building Peace Support”; and 6. “Conclusions for Conflict Prevention” (6.1 Principles of Development Co-operation in Conflict Prevention; 6.2 Development Co-operation in Situations of Tension, but not Open Conflict; 6.3 Development Co-operation in Situations of Ongoing War; and 6.4 Development Co-operations in the Aftermath of War). 896.
Wimmer, Andreas, Goldstone, Richard J., Horowitz, Donald L., Joras, Ulrike, and Schetter, Conrad (Eds.) (2004). Facing Ethnic Conflicts: Toward a New Realism. Lanham, MD: Rowman & Littlefield Publishers. 384 pp. One section in this book is entitled “Prevention and Peacemaking,” and it is comprised of the following chapters: “Looking Back, Looking Forward: Reflections on Preventing Inter-ethnic Conflict” by Max van der Stoel; “Operationalizing the Lessons from Recent Experience in the Field-Level Conflict Prevention Strategies” by Michael S. Lund; “Sources and Settlements of Ethnic Conflicts” by I. William Zartman; and “Transforming Ethnic Conflict: Theories and Practices” by Hugh Miall.
897.
Wippman, David (1999). “Atrocities, Deterrence, and the Limits of International Justice.” Fordham International Law Journal, 23(2):473–488. In his introduction, Wippman, professor of Law at the Cornell Law School, asserts that “Unfortunately, the connection between international prosecutions and the actual deterrence of future atrocities is at best a plausible but largely untested assumption” (p. 474). The essay is comprised of the following sections: I. The Problems of Specific Deterrence; II. Enhancing Specific Deterrence Through Increased Prosecutions; and III. Prosecutions as a Contribution to General Deterrence.
898.
Wippman, David (1998). “Practical and Legal Constraints on Internal Power Sharing,” pp. 211–241. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. In his introduction, Wippman states that Part I discusses consociationalism (techniques of political engineering designed to establish government by ethnic consensus) and related forms of political engineering, and their potential application to ethnic conflict, with particular attention to their relevance for proposed solutions to contemporary conflicts. Part II considers the relationship between consociational solutions to ethnic conflict and self-determination. Part III explores the extent to which consociational systems may be considered compatible with international human rights norms. (p. 213)
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One of the many major conflicts discussed herein is the dissolution of the former Yugoslavia in the1990s and the various conflicts that erupted in the aftermath of the dissolution. 899.
Wolfrum, Rüdiger (2005). “Prevention,” pp. 820–825. In Dinah Shelton (Ed.) Encyclopedia of Genocide and Crimes Against Humanity. New York: Macmillan. This entry addresses the following issues: factors likely to induce genocide, factors likely to prevent genocide, preventive measures under the Genocide Convention, and preventive measures under different human rights agreements.
B. Information Collection and Dissemination 900.
Arquilla, John, and Ronfeldt, David (1999). The Emergence of Noopolitik: Toward an American Information Strategy. Washington, D.C.: RAND. 89 pp. In this fascinating booklet, the authors discuss the concept of “noopolitik”—an emerging form of statecraft, they assert, that places an emphasis on the significance of sharing ideas and values globally, primarily through the exercise of “soft power” rather than traditional military “hard power.” The authors discuss the various and varied opportunities that may result from the emergence of noopolitik. In regard to the issue of international cooperation, the authors suggest strategic approaches for improving the capacity of state and nonstate actors to work together to address transnational problems. More specifically, in Chapter Four, “International Cooperation and Conflict,” the authors discuss such issues as information strategy and global cooperation, the economic-legal realm, military-security affairs, the sociopolitical arena, building global cooperation, information strategy and crisis and conflict, and the role of public diplomacy.
901.
Blinderman, Eric (2002). “International Law and Information Intervention,” pp. 104–138. In Monroe E. Price and Mark Thompson (Eds.) Forging Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In the last section of this piece, Blinderman, an attorney with degrees in communication and international law, “argues that new international legal norms allowing for both United Nations authorized and non-authorized pre-emptive information intervention need to be created so that states are better equipped to prevent the occurrence of systematic and widespread human rights violations” (p. 106).
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463
The Center for Strategic and International Studies (CSIS) (1998). Reinventing Diplomacy in the Information Age: A Report of the CSIS Advisory Panel on Diplomacy in the Information Age. Washington, D.C.: Author. 188 pp. This study was initiated by CSIS to advance the conduct of U.S. diplomacy. A sixty-three-person advisory board “focusing on the widening participation of publics in international relations and the concurrent revolutions in global business and finance set out to forge a new and bold agenda for diplomacy in the Information Age.” Among the panel members were such luminaries as Lawrence Eagleburger, former U.S. Secretary of State in the Bush Administration (1988–1992); Francis Fukuyama, a former RAND computer analyst and U.S. State Department official; Marvin Kalb, former chief diplomatic correspondent for CBS News and NBC News and currently the Edward R. Morrow Professor of Press and Public Policy at Harvard University’s John F. Kennedy School of Government; and Richard Solomon, former Head of the Social Science Department at the RAND Corporation and currently President of the United States Institute of Peace. Among some of the six major recommendations are: “Create a More Accessible Environment” (including focusing more attention on international and domestic public opinion); “Lead a Renaissance of Professionalism” (which would include establishing virtual regional and functional teams); “Upgrade Information Technology to Corporate Standards” (including the modernizing of telecommunications systems); and “Move Diplomacy from the Sidelines to the Core of Diplomacy” (which would include, in part, improving media relations domestically and internationally and modernizing broadcasting by adding a global affairs channel and new surge capacity).
903.
Darbishire, Helen (2002). “Non-Governmental Perspectives: Media Freedom Versus Information Intervention,” pp. 329–364. In Monroe E. Price and Mark Thompson (Eds.) Foreign Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In this chapter, Darbishire, a human rights activist and researcher specializing in the field of freedom of expression and information, “examines the approaches of NGOs to intervention in the media environment in situations of actual or potential conflict and the role NGOs play in the development of policies concerning ‘information intervention’” (p. 329). The chapter is comprised, in part, of the following sections: Democratic Debate and Conflict Prevention (The Information Intervention of Choice: Internal Alternatives; Crossing Bridges: Media and Conflict Prevention; Media Assistance as Humanitarian Aid); Before the Rain: Democratization Versus Stability In Macedonia (The Consequences of Failure); Developing
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and Implementing Mandates: The Professional Approach); and Conclusions: Resolving Policy Disputes. 904.
Dziedzic, Michael, and Wood, William B. (2000). Kosovo Brief: Information Management Offers a New Opportunity for Cooperation Between Civilian and Military Entities (Virtual Diplomacy Series). Washington, D.C.: United States Institute of Peace. 6 pp. In this short but informative piece, Dziedzic (colonel, U.S. Air Force and senior military fellow at the National Defense University) and Wood (director, Office of the Geographer and Global Issues, Bureau of Intelligence and Research, U.S. Department of State) discuss innovations in computerbased information management that, they argue, have created a valuable opportunity for more effective cooperation between civilian groups and the military engaged in peace missions and/or humanitarian relief operations. This piece is comprised of the following sections: Sharing Geographic Information; Phase One: Development of a Prototype; Phase Two: The HCIC [Humanitarian Community Information Center]; Phase Three: Coordination of KFOR [the Multinational Kosovo Force], U.N., O.S.C.E. [Organization of Security and Cooperation in Europe] and European Union (EU) Activity in the Field; Phase Four: Institutionalizing Information Sharing; and, Lessons Learned from Kosovo.
C: Preventive Diplomacy 905.
Arquilla, John, and Ronfeldt, David (1999). The Emergence of Noopolitik: Toward an American Information Strategy. Washington, D.C.: RAND. 89 pp. See annotation # 900.
906.
Bedjaoui, Mohammed (2000). “The Fundamentals of Preventive Diplomacy,” pp. 29–50. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Bedjaoui, president of the International Court of Justice (The World Court) of the Hague, notes that “One generally accepted definition recognizes that this kind of diplomacy serves three purposes: it aims (1) to prevent disputes arising between states or between governments and minority parties within states; (2) to prevent an existing dispute from being transformed into an open conflict; and (3) if a conflict breaks out, to ensure that it spreads as little as possible” (p. 30). He goes on to argue that “The interdependence of nations is a sign of the times. Like the economists, the political pundits, or the lawyers, the geog-
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raphers now teach us that each geographical space acts upon all the other spaces in the world. . . . [In light of that,] preventive diplomacy must broaden its horizons in order to build on the planetary scale” (p. 31). The sections and subsections of this essay are comprised of the following: The Geopolitics of Preventive Diplomacy; Preventive Diplomacy to Promote Development (Underdevelopment: A Threat to International Peace and Security; Development: The Best Contraceptive; and The Severe Disappointments of Preventive Diplomacy in the Area of Development); Preventive Diplomacy Through World-Wide Education; and Preventive Diplomacy and Human Rights (Preventive Diplomacy and Security; Prevention as a Matter of Necessity, and Diplomacy as a Gesture of Humility). 907.
Boutros-Ghali, Boutros (1992). An Agenda for Peace: Preventive Diplomacy, Peacemaking and Peace-keeping. New York: United Nations. An Agenda for Peace, one of the major UN reports issued in the 1990s, resulted from a request made on January 31, 1991, by the UN Security Council that Secretary General Boutros Boutros-Ghali “prepare and circulate to the Members of the United Nations ‘an analysis and recommendations on ways of strengthening and making more efficient within the framework and provisions of the UN Charter the capacity of the United Nations for preventive diplomacy, peacemaking and peace-keeping.’” The report is comprised, in part, of the following: I. The Changing Context; II. Definitions; III. Preventive Diplomacy (Measures to Build Confidence; Fact-Finding; Early Warning; Preventive Deployment; and Demilitarized Zones).
908.
Boutros-Ghali, Boutros (1995). Confronting New Challenges: Annual Report on the Work of the Organization, 1995. New York: United Nations Department of Public Information. 380 pp. One section of this report is entitled: Expanding Preventive Diplomacy and Conflict Resolution (Implementing an “Agenda for Peace,” Preventive Diplomacy and Peacemaking, Peacekeeping in a Changing Context, Current Activities in Preventive Diplomacy, Peacemaking and Peace-Keeping, and Post-Conflict Peace Building). In regard to preventive diplomacy and other preventive activities, BoutrosGhali writes as follows: It has become clear that preventive diplomacy is only one of a class of actions that can be taken to prevent disputes from turning into armed conflict. Others in this class are preventive deployment of military and/or police personnel; preventive humanitarian action, for example, to manage and resolve a refugee situation in a sensitive frontier area; and preventive peace-building, which itself
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comprises an extensive menu of possible actions in the political, economic and social fields, applicable especially to possible internal conflicts. All these preventive actions share the following characteristics: they all depend on early warning that the risk of conflict exists; they require information about the causes and likely nature of the potential conflict so that the appropriate preventive action can be identified; and they require the consent of the party or parties within whose jurisdiction the preventive action is to take place. (pp. 218–219)
909.
Boutros-Ghali, Boutros (2000). “Reflections on the Role of the UN and Its Secretary-General,” pp. 189–204. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. Boutros-Ghali, a former U.N. Secretary General, discusses what he deems five generic conditions that have to be fulfilled if the Secretary General of the U.N. is able to apply preventive diplomacy effectively. These conditions are as follows: (1) The Secretary-General should have the necessary capacity for the collection and analysis of information; (2) The clinical capacity to prescribe the correct treatment for the condition diagnosed; (3) The parties to the potential conflict should accept the action proposed by the Secretary-General; (4) The Secretary-General, having prescribed a preventive treatment, must persuade the other Member States, and especially the members of the Security Council, to give him steady political support; and (5) The Secretary-General must also persuade the Member States to provide the necessary resources to finance the agreed preventive action. (pp. 195, 196, 198, 199)
910.
Cahill, Kevin (Ed.) (2000). Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. 330 pp. In his introduction to this book, Cahill, president of the Center for International Health and Cooperation and professor of international human affairs at Hunter College of the City University of New York, notes that “The challenges and hopes for preventive diplomacy are explored in this book by statesmen, diplomats, physicians, humanitarians, government officials. . . . The first edition of Preventive Diplomacy rapidly became a standard text in academic courses on diplomacy, conflict resolution and political science. It was also widely used as a basic document at the United Nations” (p. xiv). The book is comprised of four parts and eighteen chapters: Part I. Old Concepts/New Approaches (1. “A Clinician’s Caution: Rhetoric and Reality” by Lord David Owen; 2. “Peace and the Healing Process” by John Hume; 3. “The Fundamentals of Preventive Diplomacy” by Mohammed Bedjaovi; 4. “The Challenge of Humanitarianism” by Peter Hansen; and 5. “Developing Preventive Journalism”); Part II. Particular Problems in Preven-
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tive Diplomacy (6. “Women as Partners for Peace” by Rosario Green; 7. “Neutrality or Impartiality” by Alain Destexhe; 8. “Changing Concepts of Displacement and Sovereignty”; and 9. “Economic Sanctions as a Means to International Health” by Lord Robert Skidelsky and Edward Mortimer); Part III. Major Actors (10. “Creating Healthy Alliances” by Cyrus Vance and Herbert S. Okun; 11. “The Peacekeeping Prescription” by Kofi A. Annan; 12. “Reflections on the Role of the UN and Its Secretary General” by Boutros Boutros-Ghali; 13. “Observation, Triage, and Initial Therapy” by Marrack Goulding; and 14. “Establishing Trust in the Healer, Preventive Diplomacy and the Future of the United Nations” by Jan Eliasson); and Part IV. Potential Participants in Preventive Diplomacy (15. “Early-Warning Systems: From Surveillance to Assessment to Action” by Ted Robert Gurr; 16. “Localizing Outbreaks” by Salim Ahmed Salim; 17. “International NGOs in Preventing Conflict” by Kenneth Hackett; and 18. “Emerging Infectious Disease: Threats to Global Security” by Scott R. Lillibridge). 911.
Chataway, Cynthia J. (1998). “Track II Diplomacy: From a Track I Perspective.” Negotiation Journal. July, 14(3):269–287. Written by a Harvard Ph.D. in social psychology who specializes in the theory and practice of interactive problem solving in protracted intercommunal conflicts, this essay provides “a snapshot of diplomatic thinking about Track II/nonofficial diplomacy” (p. 269) The study is based on interviews with distinguished U.S. diplomats. The essay is divided into the following sections: Interview Methodology; The Evolution of Diplomacy; The Current Relationship Between Tracks I and II; Most Likely Contributions of Track II to Track I Diplomacy (Psychological Contributions and Building Broad-Based Support for Peace); and Future Track I and II Collaboration. The interviewees have varying opinions in regard to the most useful roles Track II diplomacy could and should take.
912.
Chayes, Antonia Handler, and Chayes, Abram (1998). “Mobilizing International and Regional Organizations for Managing Ethnic Conflict,” pp. 178–210. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. At the outset of this essay, the authors (a former under secretary of the U.S. Air Force, and Felix Frankfurter Professor of Law Emeritus at Harvard Law School, respectively) state the following: We include efforts to prevent the recurrence of conflict after a settlement is reached. . . . International and regional organizations are the formal vehicles through which consensus for action to deal with conflict is established by
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the . . . international community. . . .Yet international organizations are composed of states, and concerted action even within a single organization requires building consensus. Typically, the process of reaching the necessary level of consensus is slow and cumbersome. A single state or group of states can often bring enormous pressure—positive or negative—on the organizations’ decision-making process. Thus, intervention is often too little, too late, or too tentative. Complicating the situation further, international organizations, like individual states, have multiple agendas . . . [and] these disparate agendas play out in unexpected ways. Careful analysis of the record to date and the juxtaposition of the performance of relevant organizations suggest some ways in which their contribution could be improved. . . . For purpose of discussion, we divide the organizations into three groups, excluding the U.N.: The first includes [trans-European regional organizations] that have an explicit focus on conflict prevention but . . . very limited resources: Organization for Security and Cooperation in Europe (OSCE), and the Council of Europe (COE)—which pursue the lowest-key and least coercive form of conflict prevention. The second group comprises [financial] organizations with political and economic resources but with little or no focus on managing conflict: the International Monetary Fund (IMF), the World Bank, and the European Bank for Reconstruction and Development (EBRD). They have power and influence to mount a conflict prevention and management strategy but have hardly begun to do so. Here, too, is the European Union (EU) and its offering of conflict inhibitors—the effect of its example and the aspiration for membership. In the third group are organizations with military power but that, as products of the cold war, have yet to address systematically the problem of ethnic conflict. These are the regional security organizations—the North Atlantic Treaty Organization (NATO) and the Western European Union (WEU). (pp. 179–180)
913.
Eliasson, Jan (2000). “Establishing Trust in the Healer: Preventive Diplomacy and the Future of the United Nations,” pp. 215–239. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Eliasson, the United Nations first under-secretary-general for humanitarian affairs, notes that This chapter begins with an examination of how the pattern of conflicts has changed in the post-Cold War period, and how these conflicts can involve the United Nations in all stages, from early warning, fact finding, the peaceful settlements of disputes and peacekeeping to action under Chapter VII of the UN Charter. Given the recognition that priority should be given to the earliest possible action, the chapter then discusses how and when preventive diplomacy is a practical possibility, and, in particular, the role of the United Nations in this context. The chapter considers how mistrust of the Organization—both due to its abilities and disabilities—can hinder its preventive work. Important issues to examine are related to the principles of national sovereignty and the
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impartiality of the United Nations. My conclusion is that the United Nations has an essential role in preventive diplomacy, by virtue of its mandate, legitimacy, and wide-ranging capabilities. By accepting and playing that role to the fullest extent, the United Nations will also gain the credibility needed to bring it out of its present crisis. (p. 215)
The chapter is comprised of the following sections and subsections: Steps to Prevent and Handle Post-Cold War Conflicts; Is Prevention Possible—and When?; The Role of the UN in Conflict Prevention; Can the Healer Be Trusted?, and Beyond the Crisis: A Program for Preventive Action (Carry Out Financial and Structural Reform, Define a Rational Division of Labor with Regional and Other Organizations, Work Together with NGOs and Civil Society, Address the Root Causes of Conflict, Integrate Disarmament into Preventive Action, Reform the Security Council, Strengthen the Capacity of the Secretariat in Preventive Diplomacy, Make Better Use of Article 99, Develop the Instruments for Peaceful Settlement of Disputes, Keep Open the Possibility of Preventive Deployment of Peacekeepers, Develop Concrete Preventive Tasks for the General Assembly, and Mobilize All of the UN System). 914.
Garfinkle, Adam (2001). “Strategy and Preventive Diplomacy.” Special Section (“The Can and Cant’s of Humanitarian Intervention) of Orbis: A Journal of World Affairs, Fall, 45(4):503–517. In this essay, Garfinkle, the editor of The National Interest, argues two propositions: The first is that the diplomacy of humanitarian intervention is more important than many realists think it is or would like it to be—and that includes realists resident in the upper strata of the [U.S. President] George W. Bush’s Administration [2000–2008]. The president and his senior national security aides have written and spoken as though they were wedded to a Reaganite [former President Ronald Reagan, 1980–1988] approach to this issue: Nancy Reagan, in this case, as in “Just say no [to drugs].” Bush himself expressed this view clearly during the presidential campaign: “We should not send our troops to stop ethnic cleansing and genocide in nations outside our strategic interests.” The second proposition is that a realistic approach does exist to the problem of humanitarian intervention, but it abides amid the thickets of coalition diplomacy. Concern for sound coalition diplomacy happens to be a key element of any effective strategy. (pp. 503–504)
915.
George, Alexander (1999). “Strategies for Preventive Diplomacy and Conflict Resolution: Scholarship for Policymaking.” Cooperation and Conflict, 34(1):9–19. In this revised talk by Stanford professor emeritus Alexander George on his acceptance of the Johan Skytte Prize awarded by Uppsala University,
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George argues that in the new geopolitical environment of the post-cold war world a better understanding of preventive diplomacy and conflict resolution is crucial for effective statecraft. In talking about his own work with the Carnegie Commission on Preventing Deadly Conflict and the Committee on International Conflict Resolution of the National Academy of Sciences, he urges scholars to work closely with foreign policy practitioners in analyzing the successes and failures of past cases of preventive diplomacy. 916.
Hampson, Fen Osler (2002). “Preventive Diplomacy at the United Nations and Beyond,” pp. 139–157. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. This chapter by Hampson, professor of international affairs at the Norm Paterson School of International Affairs at Carleton University (Canada), provides an overview of some of the key scholarly and policy literature that was published in the 1990s on preventive diplomacy. Hampson notes that the chapter also “identifies some of the key fault lines in the debate over the definition [of preventive diplomacy], the range of techniques available, and the utility/feasibility of preventive diplomacy. The possibilities for strengthening the role of the United Nations in preventive diplomacy are also considered, including various recommendations for institutional reform and operational effectiveness that are offered in the literature” (p. 139).
917.
Jakobsen, Peter Viggo (2000). “Reinterpreting Western Use of Coercion in Bosnia-Herzegovina: Assurances and Carrots Were Crucial.” The Journal of Strategic Studies, June, 23(2):1–22. Jakobsen, a member of the Department of Political Science at the University of Copenhagen, argues that Western policy makers need to come to an understanding and appreciation that diplomacy that uses “assurance and carrots accompanied by credible threats” (p. 1) are much more likely to be efficacious than diplomacy that simply uses threats and/or use of force. He provides key examples of each of the latter situations (carrots and assumptions with credible threats versus threats and use of force), and examines the efficacy of each.
918.
Jentleson, Bruce W. (Ed.) (2000). Opportunities Missed, Opportunities Seized: Preventive Diplomacy in the Post-Cold War World. Lanham, MD: Rowman and Littlefield. 431 pp. The collective authors in this volume weigh the value and likelihood of success in using preventive diplomacy to effectively address conflict by focusing on ten highly complex post-cold war cases. The parts and chapters most germane to the issues of the prevention and
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intervention of genocide are as follows: Part One: Overview (chapter 1. “Preventive Diplomacy: A Conceptual and Analytical Framework”; chapter 2. “The Warning-Response Problem and Missed Opportunities in Preventive Diplomacy”); Part Two: The Dissolution of the Soviet Union (chapter 3. “The War in Chechnya: Opportunities Missed, Lessons to Be Learned”; 4. “Preventive Diplomacy: Success in the Baltics”; Part Three: The Breakup of Yugoslavia (chapter 7. “Costly Disinterest: Missed Opportunities for Preventive Diplomacy in Croatia and Bosnia and Herzegovina, 1985–1991”; chapter 8. “Preventive Diplomacy for Macedonia, 1992–1999: From Containment to Nation Building”); Part Four: Ethnic Conflicts in Africa (chapter 9. “Somalia: Misread Crises and Missed Opportunities”; chapter 10. “Preventive Diplomacy in Rwanda: Failure to Act or Failure of Actions?”; chapter 11. “Prevention Gained and Prevention Lost: Collapse, Competition, and Coup in Congo”); and Part Six: Conclusions (chapter 13. “Preventive Diplomacy: Analytical Conclusions and Policy Lessons”). 919.
Jentleson, Bruce W. (1998). “Preventive Diplomacy and Ethnic Conflict: Possible, Difficult, Necessary,” pp. 293–316. In David A. Lake and Donald Rothchild (Eds.)The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. Jentleson, professor of Political Science at the University of California, Davis, discusses specific ways to “refine the concept of preventive diplomacy, de-reifying any remaining promises of panacea, and otherwise moving from appealing idea to usable foreign policy strategies. After first developing a working definition for the term preventive diplomacy, I then address each of [three] postulates—possible, difficult, necessary—drawing both on theoretical-conceptual arguments and empirical evidence from recent major cases” [e.g., Somalia, the former Yugoslavia, and the 1994 genocide in Rwanda] (p. 293). The essay is comprised of the following sections and subsections: Defining Preventive Diplomacy (Conceptual Parameters for a Working Definition, and Methodological Considerations in Measuring Success and Failure); The Possibility of Preventive Diplomacy (The Purposive Sources of Ethnic Conflict, Case Evidence of Opportunities Missed, Case Evidence of Successful Preventive Diplomacy); Possible But Difficult (Early Warning; Political Will; Norm: Its Sanctity vs. Competing Interests and Principles; International Institutions; and Stronger But Still Not Strong Enough).
920.
Jentleson, Bruce W. (2003). “The Realism of Preventive Statecraft,” pp. 26–46. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations University Press.
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This chapter, by Bruce Jentleson, director of the Terry Sanford Institute of Public Policy and professor of Public Policy and Political Science, is comprised of four sections: 1. A discussion of the empirical and analytic bases supporting the claim that preventive statecraft is possible; 2. An explanation of the strategic logic of preventative statecraft; 3. An evaluation of the problems related to the issue of political will; and the delineation of specific policy recommendations (e.g., diplomatic strategies, credible preventive military force, and establishing the norm of sovereignty as responsibility). 921.
Knight, Andy W. (2005). Adapting the United Nations to a Post Modern Era: Lessons Learned. New York: Palgrave Macmillan. 272 pp. This volume addresses a host of issues in regard to revamping the UN in order to more effectively deal with such activities as: collective security, preventative diplomacy, preventative deployment, peacekeeping, peacemaking, peace maintenance, and international legal, environmental and trade regulation. The book includes, in part, the following parts and chapters: Part II. Adaptations of UN Primary Concepts and Instruments: “Possibilities for Preventative Diplomacy, Early Warning and Global Monitoring in the Post Cold War Era, or the Limits to Global Structural Change” by M. G. Schechter; and “The UN and Preventative Deployment in the Former Yugoslav Republic of Macedonia” by A. Williams.
922.
Lent, Tom (1996). “The Search for Peace and Justice in Guatemala: NGOs, Early Warning, and Preventive Diplomacy,” pp. 73–93. In Robert I. Rotberg (Ed.) Vigilance and Vengeance: NGOs Preventing Ethnic Conflict in Divided Societies. Washington, D.C.: Brookings Institution Press. Lent, an official with the Norwegian division of Save the Children, argues that “[t]hrough their relationship with actors at all levels, NGOs have evolved into organizations capable of providing early warning of conflict and exercising preventive diplomacy” (p. 73). Herein, Lent discusses the aforementioned issues in light of his experience in Guatemala. This chapter is comprised of the following sections: From Disaster Relief to Development; Early Warning Signals?; The Crisis Develops; Responses to the Early and Late Warning Signals; The 1990s; and Warning Signals.
923.
Lund, Michael S. (1999). Preventing Violent Conflicts: A Strategy for Preventive Diplomacy. Washington, D.C.: United States Institute of Peace. 220 pp. Herein, Lund, the former senior scholar and director of the Jennings Randolph Fellowship Program at The United States Institute of Peace, provides
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a comprehensive analysis of the concept of preventive diplomacy. In doing so, he defines the concepts of early warning and preventive diplomacy, assesses recent preventive efforts, and suggests how multilateral and national entities (especially the United States government) can overcome operational challenges to effective preventive action. He concludes his analysis by delineating that which would constitute a more systematic, global preventive regime—one that draws on the strengths of individual states, regional organizations, nongovernmental organizations, and the United Nations. 924.
Lund, Michael S. (1995). “Underrating Preventive Diplomacy.” Foreign Affair, July/August, 74(4):160–163. This piece was written as a rebuttal to an essay by Stephen John Stedman entitled “Alchemy for a New World Order: Overselling ‘Preventive Diplomacy,’” which was published in the May/June 1995 issue of Foreign Affairs (See Annotation # 933). In part, Lund, a senior scholar at the United States Institute of Peace, states the following: The malaise of U.S. foreign policy is such that academic gadflies now debunk any proposal that sounds suspiciously positive. This knee-jerk negativism infects Stedman’s superficial critique of “preventive diplomacy,” an approach that finds early international responses to avoid potential crises easier than more belated interventions. . . . Stedman imagines only two policy options, little more than talking or armed force, whereas governments and nongovernmental organizations (NGOs) have used a gamut of measures to influence parties in dispute. Such instruments include unofficial (“two track”) or grassroots dialogues, human rights and other observer missions, targeted economic aid, confidence-building exercises, membership in international organizations, peacekeeping missions, democracy-building, official good offices or mediation, big power pressures, war crimes tribunals, and others. . . . Effective preventive diplomacy means incipient conflicts would not even reach the desks of the National Security Council, the State Department’s upper echelons, and the Pentagon. (pp. 162, 163)
925.
Orth, Rick (1997). “Four Variables in Preventive Diplomacy: Their Applications in the Rwanda Case.” The Journal of Conflict Studies. Spring, 17(1):79–100. In his conclusion, Orth writes: In the Rwanda case, after fighting to a stalemate, the parties agreed to negotiate an end to the civil war and to speed up the process of transition to a multiparty democracy. Therefore, the first internal variable, consensus to resolve their differences through negotiation, was present and culminated in the signing of the Arusha Accords. However, even before the Arusha Peace Agreement was signed, the Rwanda government and Hutu extremists had planned a campaign to stall the implementation of the accords and ultimately execute a plan to elimi-
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nate the political opposition. . . . Thus, the second internal variable, the parties’ desire to abide by and implement the agreement, was absent. Had these two internal variables been present, then preventive diplomacy could have claimed success without the presence of the two external variables. Because the government and Hutu extremists did not intend to live up to Arusha, successful preventive diplomacy required external actors to influence the concerned parties to uphold and implement the solution, the first external variable. Although the various international actors used political and economic pressure to persuade the regime to abide by the agreement, they failed, in part, because the Hutu extremists could not be influenced to uphold Arusha . . . [W]hether deliberately or not, one international actor, France, did influence the Habyarimana regime to derail implementation of Arusha. The Habyarimana government used the conferences as a means to delay instituting the transitional transitional government. However, the international community is not blameless, because of its reliance on using diplomacy when it became clear that sterner methods were required. Diplomatic demarches fell on deaf ears, as Habyarimana knew his goal was to retain power at all costs. In the Rwanda case, the international community needed to communicate the second external variable: a credible threat to use force and be willing to use it, if civil war and genocide were to have been averted. Rwanda presents a worst case and a far too common scenario that preventive diplomacy faces, whereby participants to the conflict are less than open and honest with their objective about their willingness to resolve their conflict through negotiation. (pp. 95–96)
926.
Ould-Abdallah, Ahmedou (2000). Burundi on the Brink, 1993–95. A U.S. Special Envoy Reflects on Preventive Diplomacy. Washington, D.C.: United States Institute of Peace Press. 170 pp. In this memoir, Ould-Abdallah, a senior Mauritanian diplomat, examines the political situation in Burundi during the years surrounding the 1994 Rwandan genocide. Serving as a special UN representative with a mandate to mediate in Burundi’s civil conflict, he managed to control the crisis around the implementation of the peacekeeping agreements. Following his departure, certain, but not all, of the advances he helped to implement were reversed. The book is comprised of the following chapters: 1. “Understanding Burundi”; 2. “A Mandate for Burundi, November 1993-March 1994”; 3. “Bringing Burundi Back from the Brink, April 1994–October 1995”; 4. “The Peace Process Fragments, October 1995–July 1998”; and 5. “Drawing Lessons from Burundi: Some Guidelines for Preventive Diplomacy.” It also includes a Chronology.
927.
Peck, Connie (1998). Sustainable Peace: The Role of the UN and Regional Organizations in Preventing Conflict. Lanham, MD: Rowman & Littlefield Publishers. 297 pp.
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In this book, published as part of the Carnegie Commission on Preventing Deadly Conflict Series, Peck, coordinator of the Fellowship Program in Peacemaking and Preventive Diplomacy (which is co-sponsored by the United Nations Institute for Training and Research and the International Peace Academy) examines preventive diplomacy, and explores ways for strengthening regional capability to deal with conflicts. An innovation that Peck suggests and discusses along these lines is the creation of Regional Centers for Sustainable Peace that would be established under the auspices of either regional organizations or the United Nations. The purpose would be to bring together the UN, regional organizations, non-governmental organizations (NGOs), and regional analytical centers in order to integrate the most successful conflict prevention instruments, drawing widely on international experience and expertise but ensuring that such bodies are tailored to local needs and circumstances. The book is comprised of the following parts and chapters: Part One: Contemporary Conflict and Sustainable Peace (1. “The Second Half of the Twentieth Century”; 2. “The Goal of Sustainable Peace”; 3. “Diagnosing Contemporary Conflict”); 4. “Finding Structural Solutions to Conflicts” Part Two: The Role of UN, Regional Organizations, and NGOs in Promoting Sustainable Peace (5. “The United Nations”; 6. “The Council of Europe”; 7. “The Organization for Security and Cooperation in Europe”; 8. “The Organization of American States”; 9. “The Organization of African Unity”; 10. “The Association of Southeast Asian Nations”; 11. “The Developing Role of Nongovernmental Organizations”); and Part Three: Organizing for Sustainable Peace (12. “Sharing Responsibility in Conflict Prevention”; 13. “Regional Centers for Sustainable Peace”; and 14. “The First Half of the Twenty-First Century: Promoting Good Governance Regionally and Internationally”). 928.
Peck, Connie (1996). The United Nations as a Dispute Settlement System: Improving Mechanisms for the Prevention and Resolution of Conflict. Boston, MA: Kluwer Law International. 301 pp. Peck discusses and examines the United Nations’ work in the area of dispute resolution, and makes suggestions regarding the reform and improvement of that role. In doing so, Peck presents a comprehensive review of preventive diplomacy—including obstacles to the effective practice of preventive diplomacy, various models proposed to overcome such obstacles, and how “the mobilization of diplomatic resources [have been used] to try and stop disputes from sliding across the threshold into armed conflict” (p. vii). The thirteen chapters of the book are as follows: I. “The Effect of the Cold War on the UN’s Ability to Prevent and Settle Conflict”; II. “The UN as a Dispute Settlement System”; III. “The Entrapping Nature of Conflict
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Escalation”; IV. “The Nature of Intra-State Conflict”; V. “Peacebuilding Within States”; VI. “Peacebuilding by International Organizations”; VII. “Preventive Diplomacy: Past and Current Practices”; VIII. “Strengthening the UN’s Interests-Based Approach Through the Development of UN Conflict Prevention and Resolutions Centers”; IX. “Strengthening the UN’s Rights-Based Approach”; X. “Strengthening the UN’s Rights-Based Approach to Human Rights Problems Within States”; XI. “Strengthening the UN’s Power-Based Approach”; XII. “Giving the UN the Resources It Needs to Become a More Effective System”; and XIII. “Strengthening the UN as a Dispute Settlement System.” 929.
Rotberg, Robert I. (Ed.) (1996).Vigilance and Vengeance: NGOs Preventing Ethnic Conflict in Divided Societies. Washington, D.C. Cambridge, MA: Brookings Institution Press and the World Peace Foundations, respectively. 277 pp. In the preface to this book, Rotberg writes as follows: . . . Ethnic, religious, and cultural fratricide remains a constant global theme. The end of the Cold War unleashed long-suppressed rivalries and hatreds. Now, about thirty civil wars and twenty complex humanitarian crises are active every year. . . . In [certain cases,] however, preventive diplomacy has avoided, limited, or restrained internecine hostilities. . . . In some situations non-governmental organizations (NGOs), local and international, have helped to bring conflicts back from one or more brinks. What lessons about early warning, early action, and preventive diplomacy have been learned? Discerning those lessons and stanching continuing hostilities around the globe motivated . . . the World Peace Foundation and the Program on NonGovernmental Organizations of the Harvard Institute for International Development. Could NGOs help peace break out? Could their efforts improve the world’s ability to contain ethnic and religious violence through the exercise of preventive diplomacy? In particular, could NGOs contribute to the early warning of conflicts and thus to early action that would reduce their intensity and potentially diminish killings? The meeting in Cambridge was devoted to both theory and practice and to drawing out the lessons for preventive diplomacy and early warning derived from the cases. The participants in the discussions came from relief and human rights NGOs, both local and international; from diplomatic ranks; from the academy; from the press; and from foundations with interests abroad. The participants discovered that preventive diplomacy represents a host of efforts on the part of both local and international NGOs, sometimes in concert, often not. Likewise, early warning embraces a kaleidoscope of early, not-so-early, and belated bellringings. In Rwanda those signals were heeded only far too late. In Macedonia and Burundi, early warning has been ample, but killings continue anyway in Burundi. Early warning, however, has not
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always been followed by effective early action—certainly not in Rwanda or Burundi. . . . (pp. vi–vi)
The book is comprised of the following parts and chapters: International Preventive Action (“Introduction” by Emily MacFarquhar, Robert I Rotberg, and Martha A. Chen; 1. “International Preventive Action: Developing a Strategic Framework” by Kalypso Nicolaïdis); Guatemala (2. “The Search for Peace and Justice in Guatemala: NGOs, Early Warning, and Preventive Diplomacy” by Tom Lent; 3. “Guatemalan Indigenous NGOs and Their Capacity for Early Warning” by Rachel M. McCleary); Macedonia (4. “International NGOs in Preventive Diplomacy and Early Warning: Macedonia” by Eran Fraenkel; 5. “NGOs, Early Warning, and Preventive Action: Macedonia” by Violeta Petroska Beska); Sri Lanka (6. “Sri Lanka’s Ethnic Conflict and Preventive Action: The Role of NGOs” by Neelan Tiruchelvam); Nigeria (7. “Before ‘Things Fall Apart’ in Nigeria: The Role of Non-Governmental Human Rights Organizations in Conflict Prevention” by Melissa E. Crow and Clement Nwankwo); The Sudan (8. “Sovereignty and Humanitarian Responsibility: A Challenge for NGOs in Africa and the Sudan” by Francis M. Deng); Rwanda (9. “Making Noise Effectively: Lessons from the Rwandan Catastrophe” by Alison L. Des Forges); Burundi (10. “Humanitarian Assistance and Conflict Prevention in Burundi” by Richard A. Sollom and Darren Kew); and NGOs, Early Action, and Preventive Diplomacy (11. “Conclusion: NGOs, Early Warning, Early Action, and Preventive Diplomacy” by Robert I. Rotberg). 930.
Rupesinghe, Kumar with Sanam Naraghi Anderlini (1998). Civil Wars, Civil Peace: An Introduction to Conflict Resolution. London: Pluto Press. 179 pp. In this book by Kumar Rupesinghe, secretary of International Alert, a noted non-governmental organization working in the area of conflict resolution, presents a radical new approach to conflict prevention, resolution, and diplomacy. In doing so, he provides an overview of conflict in the post-cold war world, covering key topics such as identifying and assessing early warnings of conflict, and the need to take early action; information gathering and analysis; and the need for preventive diplomacy. In particular, the role of non-governmental organizations and other third party mediators in conflict resolution is considered. The book is comprised of the following five parts (select subtopics are highlighted herein that are most germane to the issues of intervention and prevention of genocide): 1. “Beyond the Cold War” (The Resurgence of Religion; Poverty, Expectations and Structural Adjustment; The Proliferation of Weapons and the Privatization of Security; A Step into the Past: The United
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Nations and the Prevention of War; Boutros Boutros-Ghali’s Agenda for Peace; The Cost of Failure); 2. “Characteristics of Internal Conflicts” (When Does a Conflict Turn into a War? From Social Grievances to Armed Conflict; Asymmetrical Power Relations; A Typology of Conflict; The Intractable Nature of Internal Conflicts); 3. “From Early Warning to Early Action” (The Continuum of Conflict; Sounding the Alarm—Devising a System for Early Warning; Information Gathering; Information Analysis; Responding Appropriately; Reasons for Failure—Lessons from Early Warning Systems; Generating Early Action; Taking Action; A Range of Options; Skeptics and Critics); 4. “The Diplomacy Continuum” (Pitched into a New Era—The UN’s Recent Developments; What Alternatives Exist?—Non State Actors; Basic Observations on Third Party Intervention; Burden-Sharing; MultiTrack Diplomacy; Third Party NGO Intervention—The Decision to Engage Complementary Initiatives Through Conflict Phases; Evaluations and Effectiveness); and 5. “Ending Warfare, Creating Accountability” (Strategies for War Termination; Generating Accountability; Waging War: The Less Attractive Alternative). 931.
Secretary-General’s High-Level Panel on Threats, Challenges, and Change (2004). A More Secure World: Our Shared Responsibility: Report of the Secretary-General’s High-Level Panel on Threats, Challenges, and Change. New York: United Nations Department of Public Information. 129 pp. A section in this report is entitled “Preventive Diplomacy and Mediation.”
932.
Shehadi, Kamal S. (1993). “Ethnic Self-Determination and the Break-Up of States.” Adelphi Paper 283, December. London: Brassey’s Ltd. for The International Institute for Strategic Studies. 90 pp. This booklet is divided into four main sections: I. The International Context of Self-Determination; II. Self-Determination Conflicts; III. The Security Implications of Self-Determination; and IV. Meeting the Challenges of Ethnic Self-Determination. Chapter IV, “Meeting the Challenges of Ethnic Self-Determination,” is divided into the following sections: Greater Intrusiveness; Preventive Diplomacy; Promotion of Regional Cooperation (Designing New State Architecture); Forging a National Identity; Designing a Political System (Power-Sharing Arrangements, Territorial Arrangements, Border Changes); The Case Against Border Changes; The Case for Border Changes; and Mechanisms for Border Changes.
933.
Stedman, Stephen John (1995). “Alchemy for a New World Order: Overselling ‘Preventive Diplomacy’.” Foreign Affairs, 74:14–20.
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Steadman, a senior research scholar at the Center for International Security and Cooperation at Stanford University, analyses the use of preventive diplomacy in regard to conflict prevention and concludes that the concept and practice of preventive diplomacy is not as efficacious as its proponents tout it to be. 934.
Väyrynen, Raimo (1997). “Preventive Action: Failure in Yugoslavia,” pp. 31–42. In Michael Pugh (Ed.) The UN, Peace and Force. London: Frank Cass and Company. In this essay, the author, professor of Government at the University of Notre Dame, discusses the resurrection of preventive action in the 1990s, the positive aspects of preventive diplomacy in helping to avoid or minimize the “costs” of collective violence, and the failure of the international community to effectively prevent many humanitarian crises. He argues that international organizations are, more often than not, “dependent on external constraints” (p. 21), including the interests of their leading members, and their division of labor is too primitive to permit an early and effective action. Additionally, he argues, the relationship between the means and the ends of preventive action are often not formulated in strategic terms, and this not only leads to erroneous policies, but may result in the escalation versus the control of violence.
935.
Weissman, Stephen (1998). Preventing Genocide in Burundi: Lessons from International Diplomacy. Washington, D.C.: Institute of Peace. 36 pp. In this booklet, Weissman, a political scientist who has taught at Fordham University and served as the director of the U.S. House of Representatives Subcommittee on Africa, is comprised of the following: 1. “Introduction”; 2. “Burundi: The Politics of Genocide”; 3. “The United Nations and Humanitarian Military Intervention” 4. “Regional African Diplomacy for a Negotiated Political Settlement”; 5. “’Second-Track’ Unofficial Diplomacy and Other Nongovernmental Initiatives”; and 6. “Five Lessons from International Diplomatic Peacemaking in Burundi.” The following lessons are those learned from international diplomatic peacemaking in Burundi: 1. Burundi cannot make peace by itself. Strong international pressure is essential to stop the violence and foster a political settlement. At the same time, collateral international efforts are necessary to engage all groups, including the extremists, in the negotiation of a feasible political compromise (p. 28); 2. The main international impetus for genocide prevention and conflict resolution in Burundi has come from a relatively cohesive and determined group of regional African states. This group has demonstrated the clearest grasp of the
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major elements of peacemaking in Burundi: outside pressure and the engagement of all parties in compromise political negotiations. And it has evinced the political will to act. Yet its efforts have been tarnished by weaknesses in implementing sanctions and a reluctance to make necessary adjustments to ensure its credibility as a politically committed but fair mediator (p. 29); 3. Attempts by Western governments and the Community of Sant’Egidio to stimulate all-party negotiations by dangling “carrots” before relatively moderate government or insurgent leaders appear to be based on an exaggerated view of moderates’ influence in Burundian politics. Efforts to cajole these leaders into cooperating by easing sanctions or elevating their status have not succeeded because their constituencies are relatively extremist (p. 29); 4. Given the strengths and weaknesses of recent international approaches to peacemaking in Burundi, it would be useful to reconsider the current relationship between regional efforts and those of other important actors, including France, the European Union, the United States, the United Nations, and the Community of Sant’Egidio . A more effective international approach to Burundi would combine greater outside support for regional policy choices and greater regional consultation with external partners to gain the benefit of their broad experience and detachment. Such an approach would also be based on the recognition that it is the region’s political will and resources that will largely determine the outcome for peace in Burundi (pp. 29–30); and 5. A more effective Western contribution to peacemaking in Burundi will require some revision of current policy perspectives. This is not likely to occur without firm political leadership. (p. 30)
936.
Zartman, I. William (Ed.) (2001). Preventive Negotiation: Avoiding Conflict Escalation. Lanham, MD: Rowman & Littlefield Publishers. 336 pp. The contributors to this book present an examination of the way in which preventive negotiation has been practiced, delineate its characteristics, and suggest how lessons can be transferred from one area to another (only, though, when particular conditions warrant such a transfer). The contributing authors treat eleven basic issues: boundary problems, territorial claims, ethnic conflict, divided states, state disintegration, cooperative disputes, trade wars, transboundary environmental disputes, global natural disasters, global security conflicts, and labor disputes. In his conclusion, Zartman, Jacob Blaustein professor of international organizations and conflict resolution at the Paul H. Nitze School of Advanced International Studies at Johns Hopkins University, draws out general themes about the nature of preventive diplomacy.
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D. Mediation 937.
Bercovitch, Jacob (2003). “Managing Internationalized Ethnic Conflict: Evaluating the Role and Relevance of Mediation.”World Affairs: A Quarterly Review of International Problems, Summer, 166(1):56–68. Based on an empirical study, this article includes the following sections: Ethnic Conflicts; Characteristics of Internationalized Ethnic Conflict; Parties and Issues in Internationalized Ethnic Conflict; Managing Internationalized Ethnic Conflict; Mediation: A Review; Mediation Success?; Research Design and Analysis; and Conclusion. Under the subheading “Mediation: A Review,” Bercovitch, professor of international relations in the Department of Political Science at the University of Canterbury, New Zealand, writes: Mediation is an important method of dealing with conflict. For many reasons it is a favored form of peaceful third-party intervention. Unlike conciliation, mediation allows a mediator to take a more active formal role in the process. Mediation may also include more informal forms of third-party intervention such as the provision of good offices, inquiry, or fact finding. At its best, mediation can help the parties address the substantive issues in a conflict. Mediation, in comparison with arbitration and adjudication, is a voluntary process in which a third party offers nonbinding assistance (in various forms) to the disputants to help them move toward a mutually acceptable agreement . . . Definitions of mediation may focus on mediation behavior, mediator identity, or mediator resources . . . Given the immense scope of meditation, we offer the following broad definition: Mediation is “[a] process of conflict management where the disputants seek the assistance, or accept an offer of help from, an individual, group, state or organization to settle their conflict or resolve their differences without resorting to physical violence or invoking the authority of the law.” (p. 63)
938.
Bercovitch, Jacob (Ed.) (1996). Resolving International Conflicts: The Theory and Practice of Mediation. Boulder, CO: Lynne Rienner. 277 pp. Bercovitch notes that the chapters in this book “proceed developmentally from theoretical considerations through an examination of the relationship between a mediator and the parties, and exploration of the mediation context, an illustration of the possible range of applications in international relations, and finally to the presentation of how novel approaches can expand the relevance of mediation” (p. 5). The various parts and chapters of the book are comprised of the following: Introduction: Thinking About Mediation (1. “The Study of International Mediation: Theoretical Issues and Empirical Evidence” by Jacob Bercovitch
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and Allison Houston); Part 1. Bias, Neutrality, and Power in International Mediation (2. “Bias and Impartiality in International Mediation” by Peter J. Carnevale and Sharon Arad; 3. “Mediating Conflict in Central America” by Paul Wehr and John Paul Lederach; 4. “The UN Secretary-General and the Mediation of International Disputes” by Kjell Skjelsbœk and Gunnar Fermann); Part 2. Culture and International Mediation (5. “Culture and International Mediation” by Raymond Cohen, and 6. “The Limits of Mediation: Lessons from the Syria-Israel Experience, 1974-1994” by Brian Mandell); Part 3. International Mediation: The Range of Practice (7. “Mediation in Internal Conflicts: Lessons from Sri Lanka” by Kumar Rupesinghe; 8. “The Yugoslavian Conflict, European Mediation, and the Contingency Model: A Critical Perspective” by Keith Webb with Vassiliki Koutrakou and Mike Walters; 9. “Environmental Mediation in International Relations” by Deborah Shmueli and Ariella Vranesky); and Part 4. Extending the Range of International Mediation (10. “Varieties of Mediating Activities and Mediators in International Relations” by Louis Kriesberg, and 11. “A Contingency Perspective on Conflict Interventions: Theoretical and Practical Considerations” by Loraleigh Keashly and Ronald J. Fisher). 939.
Crocker, Chester A., Hampson, Fen Osler, and Aall, Pamela (2001). “A Crowded Stage: Liabilities and Benefits of Multiparty Mediation.” International Studies Perspectives, February, 2(1):51–67. In this essay, Crocker (former U.S. assistant secretary of state for African Affairs and currently Distinguished Professor in the Practice of Diplomacy at Georgetown University), Hampson (professor of international affairs at the Norman Paterson School of International Affairs, Ottawa, Canada), and Aall (director of Education, United States Institute of Peace) examine the critical issue of international response to conflict as it pertains to the “multiple mediators as well as other third party actors such as peacekeeping forces, development agencies, nongovernmental organizations, and lone operators” (p. 49). They cogently argue that the involvement of numerous parties frequently result in peacekeeping missions that are not only messy but, at times, chaotic. The focus of their essay addresses the following question: “Do these multiparty mediators help or hurt the cause of peace?” Subsequently, they address the following two questions: “If the answer to the [initial] question is that multiplicity of third parties can hurt a peace process, does the solution lie in stopping multiple third party attempts at peacekeeping?” or “[If] the answer is that multiparty mediation can help, are there ways of increasing the chances that it will?” (p. 5). In part, they address the conflicts in Bosnia (1992–1996), Burundi (1993–2000), and Cambodia (1975–1993).
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Crocker, Chester A., Hampson, Fen Osler, and Aall, Pamela (Eds.) (1999). Herding Cats: Multiparty Mediation in a Complex World. Washington, D.C.: United States Institute of Peace Press. 735 pp. Kofi A. Annan, UN Secretary General, called this book “an invaluable resource for anyone seeking to grasp what makes for successful mediation and conflict management in an increasingly unmanageable world.” The volume is comprised of five parts and twenty-five chapters. The five parts and chapters most relevant to the issues of the prevention and intervention of genocide are: Part I. Multiparty Mediation: Concepts, Issues, Strategies, and Actors (“Multiparty Mediation and the Conflict Cycle” by Crocker, Hampson and Aall, and “The Practitioner’s Perspective” by Crocker, Hampson, and Aall); Part II. Conflict Prevention and Management (“The Role of the OSCE High Commissioner in Conflict Prevention” by Max van der Stoel, and “Burundi: A Case of Parallel Diplomacy” by Fabienne Hara); Part III. Ending Violent Conflict: The Road to Settlement (“Peace to Cambodia” by Richard H. Solomon, and “The Road to Sarajevo” by Richard Holbrooke); Part IV. Settlement and Implementation (“A Bosnia Federation Memoir” by Daniel Serwer); and Part V. Conclusion (“Rising to the Challenge of Multiparty Mediation” by Crocker, Hampson, and Aall).
941.
Crocker, Chester A.; Hampson, Fen Osler; and Aall, Pamela (Eds.) (1999). “Multiparty Mediation and the Conflict Cycle,” pp. 19–45. In Chester A. Crocker, Fen Osler Hampson, and Pamela Aall (Eds.) Herding Cats: Multiparty Mediation in a Complex World. Washington, D.C.: United States Institute of Peace Press. In this chapter, the authors provide an extended discussion of key issues vis-à-vis mediation theory. More specifically, as they state, they situate the multiparty mediation phenomenon—”a classic case of improvised and transitional policy practice” (p. 19)—in the academic literature. In their introduction, the authors note that The problems posed by multiparty mediation are, at one level, essentially problems of managing complexity, coordinating the use of comparative advantages, maximizing leverage, avoiding crossed wires and conflicting agendas, and maintaining focus and coherence. Stated another way, they are problems of leadership, whether of the intellectual, entrepreneurial or structural variety. . . . At the same time, however, the problems posed by multiparty mediation can also help us explore under new light the categories and paradigms prevailing in this field. Rather than reinvent the wheels of mediation theory, we seek to explore the possibility that multiparty mediation may add further weight to the need for a synthesis between what might be called the structuralist and
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social-psychological paradigms of mediation. We look at multiparty mediation from the stand-point of timing and conflict cycles, and seek to explore how the comparative contributions of different actors may unfold and what the strengths of different mediators are. . . . The chapter concludes with a more general discussion of the particular practical and operational challenges posed by multiparty mediation and the implications for policy. (pp. 19–20)
The subsections of the essay are as follows: Two Paradigms of Mediation; The Structuralist Paradigm of Mediation; Social-Psychological Approaches; Toward a Synthesis of Perspectives; Comparative Advantage of Different Kinds of Mediations; The Wars in the Balkans: An Illustration; and Challenges of Multiparty Mediation. 942.
Mthembu-Salter, Gregory (2002). “Mediation and Genocide in Rwanda.” Track Two: Constructive Approaches to Community and Political Conflict, October, 11 (5 and 6):5–20. This article examines why the mediation conducted by the Tanzanian government to end the civil war between the Rwandan armed forces and the guerrilla Rwandan Patriotic Front (RPF) ultimately failed (and, it should be noted, ultimately degenerated into the 1994 genocide), and whether the failure can be ascribed to the deficiencies in the confidence building approach that was used. The study also considers what the Rwanda case says—empirically and theoretically—about the effectiveness of confidencebuilding mediation strategies involving intra-state conflicts in Africa.
943.
Serwer, Daniel (1999). “A Bosnian Federation Memoir,” pp. 549–586. In Chester A. Crocker, Fen Osler Hampson, and Pamela Aall (Eds.) Herding Cats: Multiparty Mediation in a Complex World. Washington, D.C.: United States Institute of Peace Press. This “memoir” is an account of Serwer’s efforts as U.S. special envoy and coordinator of the Bosnian Federation from 1994 to 1996. In that capacity, he headed up the U.S.-led effort, supported by the United Nations, to, once the Croat-Muslim War came to an end, lay the foundations for a multiethnic and democratic Bosnia Federation. Signed in 1994, the Washington (or Federation) Agreement introduced a form of power sharing. Serwer notes that, “I helped [the Croats and Muslims] build common institutions, that would contain their conflict within civil bounds. And I tried to firm up the Federation even as a much weightier structure, the Dayton Peace Agreement, was built on top of this shaky foundation” (p. 549).
944.
Solomon, Richard (1999). “Bringing Peace to Cambodia,” pp. 279–323. In Chester A. Crocker, Fen Osler Hampson, and Pamela Aall (Eds.) Herding Cats: Multiparty Mediation in a Complex World. Washington, D.C.: United States Institute of Peace Press.
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In the “background piece” to this chapter, it is stated that “In implementing the [1991] peace plan, the United Nations assumed control of state operations in Cambodia for a two-year period, and a power-sharing government was formed after international supervised elections in 1993. Although internal power struggles resurfaced after the elections, the UN settlement succeeded in ending foreign intervention in Cambodia’s affairs, and it created conditions in which the genocidal Khmer Rouge revolutionary movement turned in on itself in a final spasm of self-destructive violence (italics added). By 1998, Cambodia had a successful second round of elections and gained a degree of normalcy that was recognized by its acceptance into ASEAN” (pp. 275–276). In this piece, Richard Solomon, president of the United States Institute of Peace and former U.S. assistant secretary of state for East Asian and Pacific Affairs from 1989 to 1992, discusses the peace that was constructed in Cambodia—including the background of the situation in Cambodia, the process that was used, the major parties involved to bring about the peace, and the complexity of the Cambodian mediation. 945.
Stedman, Stephen Jay (1999). International Actors and Internal Conflicts. New York: Project on World Security, Rockefeller Brothers Fund. 31 pp. This report, by a senior research scholar at the Center for International Security and Cooperation at Stanford University, presents a survey of the recent literature on the role of international actors in international conflicts. In doing so, it addresses such issues and activities as conflict exacerbation, preventive action, mediation, peacekeeping and peace enforcement, the implementation of peace agreements, and structural mediation.
946.
Touval, Saadia (2002). Mediation in the Yugoslav Wars: The Critical Years, 1990–95. New York: Palgrave. 211 pp. This book is comprised of the following nine chapters: 1. “Introduction”; 2. “Failed Attempts to Prevent War”; 3. “The Entry of Mediators”; 4. “The Cease-fire in Slovenia”; 5. “The Search for a Comprehensive Settlement”; 6. “The Cease-fire in Croatia”; 7. “Collective Mediation in Bosnia, 1992–94”; 8. “U.S. Policy and the Making of the Dayton Accords”; and 9. “Priorities.”
947.
Van Metre, Lauren, Cevallos, Albert, and Herrmann, Kristine (1998). Kosovo: Escaping the Cul-de-Sac [Special Report.] Washington, D.C: United States Institute of Peace. 7 pp. On 15 June, 1998, the United States Institute of Peace hosted a second meeting of its Bosnia Working Group to discuss the unfolding crisis in Kosovo. Participants were asked to provide recommendations in regard to
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how the negotiating process could achieve a viable and acceptable outcome for all parties. Members of the working group were also asked to critique the international community’s role in attempting to mediate, resolve, and contain the conflict. Recommendations are offered for the following groups: the international community, the Kosovars, and the Serbs. E. Conflict Resolution 948.
Ashley, David W. (1998). “The Failure of Conflict Resolution in Cambodia: Causes and Lessons,” pp. 49–79. In Frederick Z. Brown and David G. Timberman (Eds.) Cambodia and the International Community: The Quest for Peace, Development, and Democracy. New York: Asia Society. Ashley, who served as UNDP/UNCHR advisor to the Commission on Human Rights and Reception of Complaints for the Cambodian National Assembly, provides a reassessment of the Cambodian peace process “by exploring the strategy adopted to end the Cambodian civil war and the reasons for the strategy’s ultimate failure. [He] does so by examining the collapse of the coalition government, the decline of the Khmer Rouge insurgency, and the response of the international community” (p. 49). The chapter is comprised of the following sections: The Strategy to Achieve Peace, The Rise and Fall of the Coalition Government (Powersharing: Flawed from the Start; The Effects of the “Two Party States” System and Governance; The Failure to Develop a Democratic Discourse; and The Collapse of the Ruling Coalition); The Demise of the Khmer Rouge, and The Role of the International Community (The Challenge of Bringing Justice to Cambodia).
949.
Avruch, Kevin (1998). Culture and Conflict Resolution. Washington, D.C.: United States Institute of Peace Press. 153 pp. Avruch, professor of Anthropology at George Mason University and a faculty member of the George Mason University’s Institute for Conflict Analysis and Resolution, challenges both scholars and practitioners not only to develop a clearer understanding of what culture is, but also to take that understanding and incorporate it into more effective conflict resolution processes. The book is divided into four parts: I. “Culture”; II. “Conflict Resolution”; III. “Frames for Culture and Conflict Resolution”; and IV. “Discourses of Culture and Conflict Resolution.”
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487
Babbitt, Eileen F. (1997). “Contributions of Training to International Conflict Resolution,” pp. 365–387. In I. William Zartman and J. Lewis Rasmussen (Eds.) Peacemaking in International Conflict: Methods & Techniques. Washington, D.C.: United States Institute of Peace Press. In her introduction, Babbitt, professor of International Politics at the Fletcher School of Law and Diplomacy at Tufts University and director of its International Negotiation and Conflict Resolution Program, states that “As any conflict resolution trainer will tell you, when the participants in a conflict resolution training program are members of communities in a conflict, the training becomes an intervention in that conflict. The trainer’s intent is to change the protagonist’s view of the conflict and introduce new ways of thinking and behaving that make resolution of the conflict more possible and likely” (p. 365). The subheadings of the essay provide a good sense of the issues that are addressed herein: Reframing the Parties’ Conception of Their Conflict; Reframing the Parties’ Conception of Their Own Side and the Other Side; Skills for Dialogue and Problem Solving; Accommodations Inherent in Training; What Is Training?; Contributions of Training to International Conflict Resolution (Educational Contributions & Political Contributions); Format of the Training (Joint Training, Training the Trainers, Integration); Theme of the Workshop; Ethical Concerns and Other Criticism (Exporting Models That Are Not Culturally Relevant, Perpetuating Dependence on Outsiders, Creating Dramatic Change in Individuals, But Not Structures); and Evaluation.
951.
Bock, Joseph G., and Anderson, Mary B. (1999). “Dynamite Under the Intercommunal Bridge: How Can Aid Agencies Help Defuse It?” Journal of Peace Research, 36(3):325–338. Based on evidence from two case studies, this essay identifies two types of conflict transformation approaches used by aid agencies in developing countries: promotive and pre-emptive. Concluding that activities designed to promote connections between groups are often ineffective in preventing conflict, the authors discuss how the second “pre-emptive approach seems to address shortcomings in the promotive approach.” Further they examine the “flash-points” that result in violence, and suggest that such flash points may possibly be avoided by the use of strategies that invoke inclusiveness and avoid intergroup stereotyping.
952.
Charters, David A. (Ed.) (1994). Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. 220 pp.
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Two chapters in this book address the issue of conflict resolution: “Peacekeeping, Peace-Building and the Challenge of Conflict Resolution in Cambodia” by Pierre Lizée; and Chapter 9. “Obstacles to Conflict Resolution in the Territories of the Former Yugoslavia” by Edith S. Klein. 953.
Fisher, Ronald J. (1997). Interactive Conflict Resolution. Syracuse, NY: Syracuse University Press. 294 pp. This book is touted by the publisher as “the first book to comprehensively examine this innovative technique (Interactive Conflict Resolution) for peacebuilding.” “Interactive Conflict Resolution” (ICR) is defined as constituting problem-solving discussions between unofficial representatives of groups or states engaged in violent protracted conflict. Fisher, professor of Psychology at the University of Saskatchewan, discusses the works of major theorists in regard to how they have applied this technique to various situations.
954.
Fisher, Ronald J. (1997). “Interactive Conflict Resolution,” pp. 239–272. In I. William Zartman and J. Lewis Rasmussen (Eds.) Peacemaking in International Conflict: Methods & Techniques. Washington, D.C.: United States Institute of Peace Press. In his introduction, Fisher notes that “Interactive Conflict Resolution (ICR) involves problem-solving discussions between unofficial representatives of groups or states engaged in violent protracted conflict. . . . The analysis of the conflict and the development of alternative solutions or directions toward resolution are facilitated by a skilled and impartial team of scholarpractitioners who organize and manage the discussions” (p. 239). This chapter presents various applications of ICR, “from seminal contributions to ongoing initiatives at both the international and intercommunal levels. Major contributions to a theory of practice are identified before the present state of the field is briefly assessed. The chapter concludes with challenges that ICR must meet to attain its unique potential in contributing to the resolution of international conflict” (p. 239).
955.
Himelfarb, Sheldon (1998). “Bosnia: Searching for a Common Ground on Radio,” pp. 42–44. In David Smock (Ed.) Private Peacemaking: USIP-Assisted Peacemaking Projects of Nonprofit Organizations. Washington D.C.: United States Institute of Peace. This is a short report on a project entitled “Resolutions Radio.” It’s a program whose purpose was to “combat the nationalistic hate and vitriol endemic to Bosnia’s media during and after the 1990s war there” (p. 42). In describing the project, Himelfarb states that “The concept was stunningly simple: take
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a number of techniques used in conflict resolution and build them into a call-in talk radio format. The result is a program that uses hosts trained in conflict resolution; emphasizes guest line-ups that represent multiple sides of the issue at hand; and pursues the twin goals of generating positive operations for action and creating a ‘safe’ place for Bosnians of all ethnic groups, guests, and audience alike, to interact honesty and respectively” (p. 42). 956.
Hume, Cameron R. (1997). “A Diplomatic View,” pp. 319–336. In I. William Zartman and J. Lewis Rasmussen (Eds.) Peacemaking in International Conflict: Methods & Techniques. Washington, D.C.: United States Institute of Peace Press. This is an interesting and informative essay by the minister-counselor for political affairs at the U.S. Mission at the United Nations. The following issues, among others, are discussed herein: the fact that diplomats are now wont to using various experimental approaches that combine several conflictresolution measures, including but not limited to an enhanced role for the UN Secretary General, states acting in concert, UN-sanctioned enforcement measures, and providing assistance for the civilian authority. The titles of the various sections of his essay provide a more concrete sense of the issues that Hume addresses: “Experimental and Practical Approaches: The Security Council”; Impartial Third Parties in Africa”; “Regional Arrangements: Central Asia and the Caucasus”; and “Sanctions and the Use of Force in the Former Yugoslavia.”
957.
Kelly, Michael J. (1999). “Responsibility for Public Security in Peace Operations,” pp. 141–172. In Helen Durham and Timothy L. H. McCormack (Eds.) The Changing Face of Conflict and the Efficacy of International Humanitarian Law. The Hague: Martinus Nijhoff Publishers. In this essay, Kelly, a lieutenant colonel who serves in the Directorate of Operations and International Law, Defense Office, Australian Department of Defence, argues that “[a]ddressing the issue of the administration of justice goes to the heart of the conflict resolution objective in a peace operation” (p. 141). In his essay, Kelly addresses such issues as “The Public Security Problem” (in such locations as the former Yugoslavia, Rwanda, and Burundi—all of which have been sites of genocide), and “The Legal Framework” (The Advent of the Fourth Geneva Convention, The Application of the Convention, Termination of an Occupation, The Current Status of Non-Belligerent Occupation, The Proper Use of Force, and Justice and Reconstruction and Interim Measures).
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958.
Kriesberg, Louis (1997). “The Development of the Conflict Resolution Field,” pp. 51–77. In I. William Zartman and J. Lewis Rasmussen (Eds.) Peacemaking in International Conflict: Methods &Techniques. Washington, D.C.: United States Institute of Peace Press. The initial section of this chapter discusses the major phases in the growth of the field of conflict resolution. The second section presents a discussion of the current status of the field as well as potential future developments, especially in relation to how the field of conflict resolution and international relations theory and practice influence and complement one another. In his introduction, Kriesberg, Professor of Sociology and Maxwell Professor of Social Conflict Studies at Syracuse University, notes that conflict resolution (CR) is oriented toward conducting conflicts constructively, even creatively, in the sense that violence is minimized, antagonism between adversaries is overcome, outcomes are mutually acceptable to the opponents, and settlements are enduring. CR includes long-term strategies, short-term tactics, and actions by adversaries as well as by mediators. It is based on the work of academic analysts and officials and nonofficial practitioners. As such, the rapidly expanding CR field is not a narrowly defined discipline, but a general approach. (p. 51)
959.
Lederach, John Paul (1996). Preparing for Peace: Conflict Transformation Across Cultures. Syracuse, NY: Syracuse University Press. 133 pp. In this book, Lederach, professor of Sociology and conflict studies at Eastern Mennonite University, outlines a conflict resolution training program. In doing so, he presents what he perceives as the keys to successful conflict resolution—including such components as: understanding how to guide disputants, transforming their conflicts, and launching a process that empowers them.
960.
MacFarlane, S. Neil (2001). Humanitarian Action: The Conflict Connection [Occasional Papers # 43.] Providence, RI: The Thomas J. Watson Jr. Institute for International Studies at Brown University. 87 pp. This monograph examines the impact of humanitarian action in the active conflict and post-conflict stages of recent armed conflicts. At the outset of the monograph, the author delineates what he deems are four viewpoints comprising the spectrum of opinion vis-à-vis the “conflict connection”: 1. Fidelity to the humanitarian imperative and suspicion of the intrusion of political factors into program design and implementation (that is, the classical humanitarian position); 2. Damage limitation (that is, the attempt to avoid doing harm in the process of providing assistance and protection);
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3. Conflict transformation (that is, the use of humanitarian action to promote peace); and 4. Aid for victory (that is, the use of humanitarian action to secure the victory of one party or another).(p. vii). “The study concentrates on the second and third positions, which represent the focus of recent debate. After placing the issues in historical perspective, the analysis turns to the ways in which humanitarian action can exacerbate or prolong conflict. The discussion places particular emphasis on the role of humanitarian assistance in the political economy of war, on issues related to the protection of victims and humanitarian personnel, and on dilemmas of proportionality. That is followed by an evaluation of strategies for mitigating the negative impact of humanitarian action on conflict and for the promotion of conflict resolution through humanitarian assistance” (p. vii). The monograph is comprised of the following sections: 1. Historical Perspective; 2. The Conflict Connection; 3. Minimizing the Conflict Connection; 4. Humanitarian Action and Conflict Transformation; and 5. Conclusions. 961.
Miall, Hugh (1992).The Peacemakers: The Peaceful Settlement of Disputes Since 1945. New York: St. Martin’s Press. 307 pp. In his preface, Miall, a member of the Oxford Research Group, notes that “This book explores the conditions which favour peaceful settlements of conflicts. It draws on theories of conflict resolution, the experience of mediators and conciliators, and the historical experience of peacefully settled conflicts. The main part of the book is a study of 81 interstate and civil conflicts between the period 1945–1981” (p. xvi). The book is comprised of the following components: Part 1: Introduction (1. “Introduction: Conflict Resolution After the Cold War”; 2. “Conflict, Justice and Power”; 3. “The Meaning of Words: Conflict, Violence, Peaceful Settlement”); Part 2. How Can Conflicts Be Peacefully Settled? (4. “The Theory of Conflict Resolution”; 5. “Practitioners of Conflict Resolution”); Part 3. How Conflicts Are Settled (6. “Peaceful Settlements in Practice”; 7. “Peaceful Settlements in Practice: A Comparative Study”; 8. “Conflicts Involving Territorial Issues”; 9. “Conflicts Involving Ethnic Issues”; 10. “Conflicts Involving Minorities”; 11. “Resource Conflicts”; 12. “Lithuania and the Gulf”); Part 4: Towards a New Dispute Settlement Regime (13. “Conclusions”); and Part 5: Cases.
962.
Natsios, Andrew (1997). “An NGO Perspective,” pp. 337–361. In I. William Zartman and J. Lewis Rasmussen (Eds.) Peacemaking in International Conflict: Methods & Techniques. Washington, D.C.: United States Institute of Peace Press.
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In this essay, Natsios, vice president of the non-governmental (NGO) organization World Vision U.S., based in Washington, D.C., critiques the strengths, weaknesses and limitations of NGOs vis-à-vis the issue of conflict resolution as the latter pertains to international conflict. The various subheadings of the chapter provide one with a good sense of the issues that are addressed: The Rise of New Actors; The Strengths and Weaknesses of NGOs as Mediators; Can NGOs Be Impartial Mediators?; How NGOs Approach International Conflict Resolution; Structural Intervention by NGOs; and The Religious Dimension: Reconciliation. 963.
Peck, Connie (1996). The United Nations as a Dispute Settlement System: Improving Mechanisms for the Prevention and Resolution of Conflict. Boston: Kluwer Law International. 301 pp. Peck discusses and examines the United Nations’ work in the area of dispute resolution, and makes suggestions regarding the reform and improvement of that role. In doing so, Peck presents a comprehensive review of preventive diplomacy—including obstacles to the effective practice of preventive diplomacy, various models which have been proposed to overcome such obstacles, and how “the mobilization of diplomatic resources [have been used] to try and stop disputes from sliding across the threshold into armed conflict” (p. vii). The thirteen chapters of the book are as follows: I. “The Effect of the Cold War on the UN’s Ability to Prevent and Settle Conflict”; II. “The UN as a Dispute Settlement System”; III. “The Entrapping Nature of Conflict Escalation”; IV. “The Nature of Intra-State Conflict”; V. “Peacebuilding Within States”; VI. “Peacebuilding by International Organizations”; VII. Preventive Diplomacy: Past and Current Practices”; VIII. Strengthening the UN’s Interests-Based Approach Through the Development of UN Conflict Prevention and Resolutions Centers”; IX. “Strengthening the UN’s RightsBased Approach:; X. “Strengthening the UN’s Rights-Based Approach to Human Rights Problems Within States”; XI. “Strengthening the UN’s Power-Based Approach”; XII. “Giving the UN the Resources It Needs to Become a More Effective System”; and XIII. “Strengthening the UN as a Dispute Settlement System.”
964.
Prendergast, John, and Smock, David (1999). Postgenocidal Reconciliation: Building Peace in Rwanda and Burundi. Washington, D.C.: United States Institute of Peace. 15 pp. This is the third and final report in a series on African conflict-resolution efforts. This report results from a fact-finding mission by the U.S. Peace Institute’s Coordinator for Activities David Smock and Executive Fellow
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John Prendergast to the Great Lakes area during July 1999. Discussions were held with over two hundred government and civil-society leaders in the Great Lakes area, OAU officials, UN representatives, U.S. and European Aid and diplomatic officials, and nongovernmental (NGO) personnel. The report is comprised of the following sections and topics: “The Status of Insurgencies in Rwanda and Burundi”; “Addressing the Roots of Regional Conflict” (The Friends of Peace in the Congo, and the International Coalition Against Genocide); “Encouraging Peace and Reconciliation Processes”; “Democratic Institution Building”; “Human Rights Promotion”; “Economic Peace Building Security Enhancement”; and “The Way Ahead.” 965.
Rupesinghe, Kumar with Sanam Naraghi Anderlini (1998). Civil Wars, Civil Peace: An Introduction to Conflict Resolution. London: Pluto Press. 179 pp. In this book by Kumar Rupesinghe, secretary of International Alert (a noted non-governmental organization working in the area of conflict resolution), presents what he asserts is a radical new approach to conflict prevention, resolution, and diplomacy. More specifically, he provides an overview of conflict in the post-cold war world, covering such key topics as identifying and assessing early warnings of conflict, the need to take early action, information gathering and analysis, and the need for preventive diplomacy. In particular, the role of nongovernmental organizations and other third party mediators in conflict resolution is considered. Chapter 4 deals with the issue of conflict resolution: “The Diplomacy Continuum” (Pitched into a New Era—The UN’s Recent Developments; What Alternatives Exist?—Non State Actors; Basic Observations on Third Party Intervention; Burden-Sharing; Multi-Track Diplomacy; Third Party NGO Intervention—The Decision to Engage Complementary Initiatives Through Conflict Phases; Evaluations and Effectiveness).
966.
Rupesinghe, Kumar (1996). “Conflict Resolution: Current Options and New Mechanisms,” pp. 337–355. In Donald Clark and Robert Williamson (Eds.) Self Determination: International Perspectives. New York: St. Martin’s Press. In this essay, Rupesinghe provides a succinct survey of existing mechanisms whose purpose is to prevent conflict from becoming violent. Among the mechanisms he discusses are the International Convenants, The Committee on Human Rights, The Declaration on Minority Rights, The Commission on Human Rights, The Special Committee on Deconolonization, The Trustee Council, and The Conference on Security and Cooperation in Europe’s High Commissioner on National Minorities. He also highlights
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and discusses proposals for reform within the United Nation’s System (as outlined in An Agenda for Peace, along with the establishment of a Special Commissioner for Human Rights), and the strengthening of coordination within and between UN departments and organizations engaged in the policy and security elements of conflict prevention and those in the human rights, humanitarian and development fields. Finally, he explores the special role non-governmental organizations (NGOs) could play. 967.
Schoenhaus, Roberta M. (Ed.) (2001).Conflict Management Training: Advancing Best Practices. Washington, D.C.: United States Institute of Peace. 41 pp. On June 27–28, 2000, the United States Institute of Peace held a symposium whose purpose was to explore best training practices in selected areas of critical importance to the growing conflict management community. The participants included 50 founders, providers, and consumers of training. This report summarizes the papers and discussions of the symposium and provides key insights into core concerns of the conflict management community. The booklet is comprised of three parts and eight chapters: Part I. Preparing for Training (1. “Training for Conflict Analysis and Strategy Development”; 2. “Training Negotiators to Work Effectively Across Cultures”); Part II. Training Practices in Current Popular Disciplines (3. “Best Practices in Training Negotiators”; 4. “Best Practices When Training Mediators”; 5. “Training in Nonviolent Intervention”); and Part III. Issues Critical to Effective Training (6. “Ethical Dilemmas in Conflict Resolution Training,” 7. “Designing Training Materials: A Few Best Practices”; and 8. “Evaluation in Conflict Resolutions Training and Practice”).
968.
Staub, Ervin (2001). “Ethnopolitical and Other Group Violence: Origins and Prevention,” pp. 289–304. In Daniel Chirot and E. P. Martin Seligman (Eds.) Ethnopolitical Warfare: Causes, Consequences, and Possible Solutions. Washington, D.C.: American Psychological Association. Staub, professor of Psychology at the University of Massachusetts in Amherst, discusses the following herein: the origins of mass violence (the evolution of violence; cultural characteristics; followers and leaders; fear, panic, and their evolution; the role of bystanders); halting and preventing group violence (bystander actions; healing and reconciliation; and contact, dialogue, conflict resolution, and reconciliation); culture changes and democratization; and the issue of “when instigation does not result in mass murder.”
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495
Van Metre, Lauren; Cevallos, Albert; and Herrmann, Kristine (1998). Kosovo: Escaping the Cul-de-Sac [Special Report.] Washington, D.C: United States Institute of Peace. 7 pp. On June 15, 1998, the United States Institute of Peace hosted a second meeting of its Bosnia Working Group to discuss the unfolding crisis in Kosovo. Participants were asked to provide recommendations in regard to how the negotiating process could achieve a viable and acceptable outcome for all parties. Members of the working group were also asked to critique the international community’s role in attempting to mediate, resolve, and contain the conflict. Recommendations were offered for the following groups: the international community, the Kosovars, and the Serbs.
970.
Woodhouse, Tom, and Ramsbotham, Oliver (Eds.) (2000). Peacekeeping and Conflict Resolution. London and Portland, OR: Frank Cass Publishers. 269 pp. This volume considers the contribution that conflict resolution can make vis-à-vis the new concepts and practices of peacekeeping called for by the United Nations peacekeeping forces. The book is comprised of the following chapters: “Conflict Resolution and Peacekeeping: Critiques and Responses” by Tom Woodhouse; “United Nations Peacekeeping: A Matter of Principles?” by Stephen Ryan; “Defining Warlords” by John MacKinlay; “Sharpening the Weapons of Peace: Peace Support Operations and Complex Emergencies” by Philip Wilkinson; “Organizing for Effective Peacebuilding” by David Last; “Working with Ethno-political Conflict: A Multi-modal Approach” by Sean Byrne and Loraleigh Keashly; “NGOs, Conflict Management and Peacekeeping” by Pamela Aall; “Cultural Issues in Contemporary Peacekeeping” by Tamara Duffey; “Reflections on UN Post-Settlement Peacebuilding” by Oliver Ramsbotham; “Peacekeeping, Conflict Resolution and Peacebuilding: A Reconsideration of Theoretical Frameworks” by A. B. Fetherston; and “Conflict Prevention: Options for Rapid Deployment and UN Standing Forces” by H. Peter Langille.
971.
Zartman, I. William (1998). “Putting Humpty-Dumpty Together Again,” pp. 317–36. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. Zartman, Jacob Blaustein professor of international organizations and conflict resolution as well as director of the International and Conflict
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Management Program at the Paul H. Nitze School of Advanced Studies at Johns Hopkins University, examines how stable solutions can be found once ethnic conflict has broken out and proceeded to a stage of violence. The essay is comprised of the following sections and subsections: Identity Principles and Conflict Solutions (Formulas for Identity and Territory), Formulas for Regimes and Institutions, and Roles for Insiders and Outsiders.
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12 Prevention of Genocide A. The United Nations B. Trans Regional and Other Intergovernmental Organizations (ASEAN, CMCA, NATO, OAS, OAU, OSCE) C. Nongovernmental Organizations D. Individual Nations E. Other Entities
A. The United Nations 972.
Adelman, Howard (1999). “Early Warning and Prevention: The United Nations and Rwanda,” pp. 289–309. In Frances Nicholson and Patrick Twomey (Eds.) Refugee Rights and Realities: Evolving International Concepts and Regimes. New York: Cambridge University Press. Adelman, professor of Philosophy at York University in Toronto, notes in his introduction that This chapter begins with a puzzle. Presumably, the United Nations and all our multi-lateral institutions were created, at least in part, to prevent another Holocaust. Yet an extremely large well-publicized genocide was carried out in 1994 in an economically poor and militarily weak Third World country, Rwanda, while UN troops were present. Further, the legal government and the rebel army in the Arusha Accords had jointly given the UN responsibility for protecting civilians and disarming non-military personnel who were largely responsible for actually carrying out the mass murders. This chapter outlines the information, communication, structural and other factors that undercut the UN’s ability to intervene in and stop the genocide in Rwanda. (pp. 289–290)
497
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The chapter is comprised of the following sections: Introduction; UN Peacekeeping in Rwanda; Early Warning; The Information Available; Direct Observations; Communications; Structural Problems; Shadows; Coincidence; Timeliness; Toward a Comprehensive Explanation for Failure; Normative Factors; and Conclusion. 973.
Adelman, Howard (1999). “Preventing Genocide: The Case of Rwanda,” pp. 161–182. In Roger W. Smith (Ed.) Genocide: Essays Toward Understanding, Early Warning, and Prevention. Williamsburg, VA: Association of Genocide Scholars, and Department of Government, College of William and Mary. Adelman discusses why the United Nations failed to intervene and prevent the 1994 Rwandan genocide from being perpetrated. In doing so, he argues that the prevention of genocide could have been a “relatively simple operation” (p. 162) had the international community acted early on by “nipping the [incipient] massacres in the bud” (p. 162). In addressing such concerns, Adelman provides a succinct overview of: the events leading up to the genocide, the fact that information about the explosive and potentially genocidal situation was available to the UN and individual nations in 1993 (before the actual genocide was perpetrated), and the structural problems between the UN Secretariat and the UN Security Council that mitigate against effective action to prevent the perpetration of genocide.
974.
Alger, Chadwick (2002). “The Emerging Roles of NGOs in the UN System: From Article 71 to a People’s Millennium Assembly.” Global Governance, 8(1):93–117. The is an informative article on the emerging and influential roles of NGOs within the United Nations. The author addresses the following issues: (1) evolving procedures for UN-non-governmental organization (NGO) relations presided over by the Economic and Social Council (ECOSOC); (2) broadening of NGO involvement at UN headquarters; (3) the present scope of NGO involvement in the UN system; (4) increasing NGO involvement in the World Bank and the World Trade Organization (WTO); and (5) NGO conferences. In part, the author discusses the involvement of such organizations as Amnesty International, Mèdecins Sans Frontieres, Oxfam, and CARE and others that have, in one way or another, addressed major human rights infractions, including genocide, over the years. For example, in an “unprecedented informal briefing” in February 1997, members of key NGOs active in conflict areas told UN Security Council members, in part, that “humanitarian action in Africa’s Great Lakes Regions [was] being used as a substitute for political action” (p. 102). Furthermore, they “stressed the grave access problems they faced in Rwanda, Burundi, and particularly in
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eastern Zaire, and called for a commitment comparable to the one required to address the situation in the former Yugoslavia” (p. 102). In September 1997, “the secretary-general of Amnesty International briefed the Security Council in an ad hoc meeting on human rights considerations in the prevention and management of conflict and in ensuring the rebuilding of societies” (p. 102). More specifically, he “stressed the importance of reports of human rights violations as the first step in establishing accountability, which he said changes the behavior of belligerents . . . [,and] said that “analysis of human rights reports for patterns of violations allows early identification of signs of impending conflict” (p. 102). 975.
Alger, Chadwick F. (Ed.) (1998). The Future of the United Nations System: Potential for the Twenty-First Century. Tokyo: United Nations University Press. 450 pp. Twenty-two scholars from across the globe contributed twelve chapters to this book that address such issues as prevention of violence, creating economic and social structures that sustain human fulfillment, sharing and protecting the commons, and peace education. Included in the text are sixty-six recommendations for new institutions and programs on issues that include, among others, humanitarian intervention, collaboration between UN peacekeepers and NGOs, human rights, economic policies, and refugees. The recommendations are brought together in a concluding chapter and summarized in an appendix. Among the recommendations suggested are the development of: an UN Institute for Mediation and Dispute Resolution, NGO Rapid Response Teams, an Early Warning Information Service, and an UN Peace Education Fund. Also recommended are the following: enhancement of UN capacity for institutional memory; continuing education for UN staff; and wider participation of local governments and organizations. Significantly, most of the recommendations do not require amendments to the UN Charter or to the treaties establishing the UN Specialized Agencies. Among some of the many notable contributors to this volume are: Chadwick F. Alger, Raimo Väyrynen, Robert C. Johansen, Elise Boulding, Jan Oberg, and Kumar Rupesinghe.
976.
Anglin, Douglas (2002). Confronting Rwanda Genocide: The Military Options: What Could and Should the International Community Have Done? (Paper Number 6 of the Pearson Papers).Clementsport, Nova Scotia: The Canadian Peacekeeping Press of the Pearson Peacekeeping Centre. 49 pp. This essay “explores promising courses of action that, given the necessary political will, would have been military feasible and morally justifiable. It assesses realistically their prospects of success in checking the hemorrhage
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in Rwandan lives and identifies the circumstances and significance of the opportunities missed. Particular attention is paid to the time frame [of the events]” (p. 1). The booklet is comprised of the following sections: I. “Deterrence: January 1994” (Cordon and Search: 1. Time Frame; 2. Capabilities; 3. Mandate; 4. Political Will; 5. Consequences; and 6. Descent into Genocide); II. “Opportunity: April 1994” (Optimizing Opportunities: 1. Time Frame; 2. Capabilities; 3. Mandate; 4. Political Will); III. “Operationalizing Opportunities” (1. UNAMIR; 2. Dallaire Plan; 3. Safe Havens; 4. Multinational Force; 5. US Intervention Force; 6. Paracommando Strike; 7. Evacuation Forces; 8. Rwandan Forces); and “Conclusion.” 977.
Annan, Kofi A. (1999). “Development is the Best Form of Conflict Prevention,” pp. 47–56. In Kofi A. Annan’s The Question of Intervention: Statements by the Secretary General. New York: United Nations. Annan asserts that [M]ost researchers agree that it is useful to distinguish “structural” or longterm factors, which make violent conflict more likely, from “triggers,” which actually ignite it. The structural factors all have to do with social and economic policy, and the way that societies govern themselves. It is here that the link between security and development policy is most obvious. A major study by the United Nations University, to be published later this year, suggests that simple inequality between rich and poor is not enough to cause violent conflict. What is highly explosive is what the authors of the study call “horizontal” inequality: when power and resources are unequally distributed between groups that are also differentiated in other ways—for instance by race, religion or language. So-called “ethnic” conflicts occur between groups which are distinct in one or more of these ways, when one of them feels it is being discriminated against, or another enjoys privileges which it fears to lose. . . . As resources get scarcer, competition for them gets fiercer, and elites use their power to retain them at everyone else’s expense. And when economic decline is prolonged—especially when it starts from for an already low base—the result can be a steady degeneration of the State’s capacity to govern, until the point where it can no longer maintain public order. (p. 51)
978.
Annan, Kofi (1999). Facing the Humanitarian Challenge: Towards a Culture of Prevention. New York: United Nations. Unpaginated. This twenty-page booklet constitutes the “Introduction to the Secretary-General’s Annual Report on the Work of the Organization” (1999). Among the issues Annan very briefly comments on are: the scope of the challenge, the need to understand the causes of conflict, and strategies for prevention.
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501
Annan, Kofi A. (2000). “The Peacekeeping Prescription,” pp. 173–187. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Annan, Secretary General of the United Nations, asserts that . . . when we speak here of the “peacekeeping prescription” or the “treatment” it entails, we must always be clear that, while we have one eye on the crisis of the moment we have the other on protecting the future and preventing the threat now posed against it from becoming a reality. Prevention is a great part of the goal of peace-keeping, and, in many instances, has constituted a large (and too often overlooked) part of its success. (p. 173) If we are to strengthen the international community, if we are effectively to confront the conflicts before us and those which await, if we are to prevent their spread, we need to understand three things as clearly as possible: the disease we are addressing, the treatment we are applying, and the changes to both of them which are occurring. It is to those points that I wish to turn here. (p. 174)
In the course of his discussion, Annan addresses the following issues: the civil strife and “ethnic conflict” in the former Yugoslavia in the 1990s, the genocide in Rwanda in 1994, various UN peacekeeping missions, the UN Security Council, rapid response, and reforms needed at the UN to more effectively prevent and/or react to crises. 980.
Annan, Kofi (2002). Prevention of Armed Conflict: Report of the Secretary General. New York: United Nations. 106 pp. This report is comprised of an introduction, two parts and five chapters: 1. Introduction; Part One: Mandate and Role of the Principal Organs of the United Nations (2. “United Nations Mandate for the Prevention of Armed Conflict”; 3. “Role of Principal Organs of the United Nations in the Prevention of Armed Conflict”); and Part Two: Role of the United Nations System and Other International Actors (4. “Role and Activities of the United Nations Department: Agencies and Programs in the Prevention of Armed Conflict”; 5. “Interaction Between the United Nations and Other International Actors in the Prevention of Armed Conflict”; and 6. “Enhancing Capacity for the Prevention of Armed Conflict”); and Conclusion (“Overcoming the Obstacles to Conflict Prevention and Towards a Culture of Conflict Prevention”).
981.
Annan, Kofi (2003). Prevention of Armed Conflict; Report of the Secretary General. New York. United Nations Publications. 120 pp. In this report, UN Secretary General Kofi Annan pledges to move the United Nations from a culture of reaction to a culture of prevention vis-à-vis violent conflict. Stating that it is far better and more cost-effective to prevent violent
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conflicts than to attempt to intervene in the middle of them, he presents a series of practical actions that he claims have been and are being taken within and under the auspices of the United Nations to attempt to prevent conflict from exploding into violence. [Editor’s note: Annan’s intentions are, undoubtedly, outstanding, but the UN’s willingness to act upon them has been missing. Clear evidence of that is the ongoing genocide in Darfur, Sudan, that has been perpetrated by Government of Sudan troops and the Arab militia known as the Janjaweed (late 2003–December 2006)]. 982.
Annan, Kofi A. (1999). The Question of Intervention: Statements by the Secretary General. New York: United Nations. 58 pp. This booklet is comprised of five speeches made by UN Secretary General Kofi Annan concerning the issue of intervention for the purpose of stanching massive and systematic violations of human rights. One speech is entitled “Development is the Best Form of Conflict Prevention.”
983.
Ashton, Barry (1997). “Making Peace Agreements Work: United Nations Experience in the Former Yugoslavia.” Cornell International Law Journal, 30(3):769–788. A former deputy commander of the United Nations Peace Forces in the former Yugoslavia, Ashton addresses various aspects of the UN operation in the former Yugoslavia (UNPROFOR), and discusses the lessons that can be learned from the operation, especially those applicable to the politicomilitary level. The article is comprised of the following sections: I. Conditions for Success in Peacekeeping Operations; II. Testing the Conditions for Success: An Analysis of the United Nations Experience in the Former Yugoslavia (A. A Clear and Practical Mandate; B. Consent: The Cooperation of Parties (1. Croatia; 2. Bosnia-Herzegovina); C. Freedom of Movement; D. Continuing Support of the Security Council; E. Adequate and Effective Forces (1. Adequate Troop Strength; 2. Rules of Engagement; 3. Reserves); F. Demilitarized Zones; G. Effective Command (1. Military Staff Committee; 2. A Single Command Authority); H. Intelligence (1. NATO); I. Financial and Logistic Support); and Conclusion.
984.
The Aspen Institute (1997). Conflict Prevention: Strategies to Sustain Peace in the Post-Cold War World. Queenstown, MD: Author. 164 pp. Based on the proceedings of an international conference (“Conflict Prevention: Strategies to Sustain Peace in the Post Cold War World”) held in Aspen, Colorado, from July 30 through August 3, 1996, this book constitutes a report of the conference discussions and recommendations made by the participants. Among the twenty-seven experts and leaders from twenty-
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two countries were Richard Goldstone (prosecutor, International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda); Morton Abramowitz (president, Carnegie Endowment for International Peace, USA); John J. Sheehan (supreme allied commander, Atlantic, and commander in chief, U.S. Atlantic Command); George Soros (chairman, Soros Foundation/Open Society Fund); and Rodolfo Stavenhagen (professor, El Colegio de Mexico). Among the many “key actions” the participants recommended are as follows: • A strengthened system of collecting and assessing information for conflict prevention is needed at the United Nations, as well as publication of a UN early warning “watch list” of countries where deadly conflict may develop or escalate. • The United Nations needs to place higher priority on mobilizing political and material resources for conflict prevention. Conflict prevention should assume a central role in UN strategy. • More responsibility should be taken by regional states and organizations for preventing and preempting conflict in troubled states. Emerging regional arrangements and organizations should be strengthened by efforts of the United Nations and individual states so they can assure greater responsibility for undertaking the initial external preventive effort in potential conflict situations, such as advice, mediation, or “peer pressure.” • In addition to region-specific prevention capabilities, the international community needs a dependable overall rapid response capability for situations careening out of control. • If conflict is to be avoided in volatile economic situations, the economic tools wielded by states and by the international community need to be fine-tuned for this purpose. • The rule of development assistance in supporting societies in managing diversity and harmful economic inequalities should receive more attention by the World Bank and other international and state aid agencies. • Post-conflict peacebuilding must be treated as a necessary element of conflict prevention, receiving priority and resources (From the Executive Summary of the Report, n.p.). 985.
Badie, Bertrand (2005). Sovereignty, Prevention and Intervention Norms and Practice in International Politics. London: Palgrave Macmillan. 272 pp. In this collection of essays, the authors suggest that prevention and intervention, intended to reinforce the institution of sovereignty by re-establishing stability and order within and between states, may ironically have the reverse
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effect. This is because such activity, by its nature highly selective, may be considered as illegitimate and a new form of imperialism, and also because the capacity to re-establish order and stability, i.e., nation-building, is at best attainable only in the long run. This book is comprised, in part, of the following: “Looking Back: The Historical Experience” by M. Heisler; “The Problems and Prospects of a Policy of Prevention” by B. Badie; “Reconstructing the Concepts as Meanings Change” by B. Delcour; “Sovereignty and Intervention: The Case of Former Yugoslavia and the Middle East” by H. Riegler; “Structural Context and Conflict Dynamics: Prevention and Intervention as Wishful Thinking” by S.Chojnacki; and “A Theoretical Outlook?” by W. D. Eberwein. 986.
Barnett, Michael (2002). Eyewitness to a Genocide: The United Nations and Rwanda. Ithaca, NY: Cornell University Press. 215 pp. This outstanding and thought-provoking book by Barnett, professor of Political Science at the University of Wisconsin, Madison, and an individual who served as a political officer at the U.S. Mission to the United Nations from 1993 to 1994 and covered Rwanda during much of the period of genocide, argues that contrary to the widespread belief, the UN did not fail to act to save Rwanda from being engulfed in genocide in 1994 due to incompetence or cynicism but, ironically, reasoned choices predicated on moral considerations. Part and parcel of the latter, he argues, was the bureaucratic nature of the UN led effort. In his preface, Barnett asserts that The culture within the UN generated an understanding of the organization’s unique contribution to world politics. It produced rules that signaled when peacekeeping was “the right tool for the job.” It contained orienting concepts such as neutrality, impartiality, and consent, which governed how peacekeepers were supposed to operate in the field. It shaped how the UN came to know countries like Rwanda that were attempting to move from civil war to civil society. In brief, those working at the UN approached Rwanda not as individuals but rather as members of bureaucracies. They occupied roles that organizationally suited and defined their knowledge, and informed what they cared about, what behavior they considered appropriate and inappropriate, how they distinguished acceptable from unacceptable consequences, and how they determined right from wrong. Something about the culture at the UN could make nonintervention not merely pragmatic but also legitimate and proper—even in the face of crimes against humanity (p. xi).
987.
Barnett, Michael N. (1996). “The Politics of Indifference at the United Nations and Genocide in Rwanda and Burundi,” pp. 128–162. In Thomas Cushman and Stejepan G. Mestrovic (Eds.) This Time We Knew: Western Responses to Genocide in Bosnia. New York: New York University Press.
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In this thought-provoking essay, Barnett asserts, in part, that the reason the United Nations did little to nothing to prevent the 1994 genocide in Rwanda was due to the fact that its member states did not care enough to act—either because they assumed their own citizens didn’t care about the situation and/or the belief that the effort to stop the genocide was not worth the effort, especially the risk to its own military personnel. He further argues that that is only part of the story. The other part is that the UN’s indifferent response was “shaped and filtered through the organizational culture and bureaucratic interests of the United Nations. . . . ” [Put another way,] from the UN’s perspective, “the United Nations had more to lose by taking action and being associated with another failure (e.g., along the lines of Somalia) than it did by not taking action and allowing the genocide in Rwanda to take its course. The choice was straightforward: genocide was acceptable if the alternative would harm the United Nations’ future. [In other words,] the bureaucratization of peacekeeping contributed to the indifference to the suffering of the very people that it was mandated to assist” (pp. 129, 130). In regard to the latter point, Barnett discusses the following issues: “Peacekeeping and the Production of Indifference,” “Peacekeeping and Indifference,” “Rwanda,” and “Bosnia.” Concluding his essay, Barnett perspicaciously asserts that . . . an assumption of the search for early warning indicators and the proposal for a UN standing army for preventive deployment suggest that knowledge brings action. There is an unwritten belief that with knowledge the international community will act. Yet it was not the lack of knowledge that halted action in either Bosnia or Rwanda—it was politics. In both cases, states and UN officials knew of but chose to ignore the war crimes that were being committed. In both cases UN Forces were on the ground and were eyewitnesses to acts of ethnic cleansing and genocide, and in both cases the rules of engagement prevented UN forces from coming to the active aid of civilians. More technologies and capabilities are no elixir and no substitute for a politics of engagement (italics added). [W]here the professionalization of peacekeeping was absolutely necessary if peacekeeping was to have a future, this professionalization produced bureaucratization and with bureaucratization individuals come to have a stake in and identify with the bureaucracy, begin to evaluate strategies and actions according to the needs of the bureaucracy and, accordingly, begin to frame discussions and justify policies through a different mentality. (pp. 156–157)
988.
Bellamy, Alex J.; Williams, Paul; and Griffin, Stuart (2004). Understanding Peacekeeping. Cambridge: Polity. 325 pp. This book is comprised of the following parts and chapters: Part 1: Concepts and Issues (1. “Peacekeeping in Global Politics”; 2. “Who Are the Peacekeepers?”); Part 2: Historical Development (3 “The Early Peacekeepers”;
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4. “Peacekeeping After the Cold War”); Part 3: Types of Peacekeeping (5. “Traditional Peacekeeping”; 6. “Managing Transition”; 7. “Wider Peacekeeping”; 8. “Peace Enforcement”; 9. “Peace-Support Operations”); and Part 4: Contemporary Challenges (10. “Globalization”; 11. “Subcontracting”; 12. “Transitional Administrations”; and 13. “Preventing Violent Conflict:”). 989.
Bercovitch, Jacob (1998). “Preventing Deadly Conflicts: The Contribution of International Mediation,” pp. 231–248. In Peter Wallensteen (Ed.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. In his conclusion, Bercovitch argues the following: The international community can no longer respond to conflict in an ad hoc manner; that is, to take some action in one conflict and ignore others, or respond with various gestures only when large-scale human suffering has already occurred. . . . If the international community is keen to avoid further Bosnias and Rwandas, it must develop comprehensive programs for preventing and managing violent conflicts. Small states, large states, regional organizations and the United Nations must all seize the moment to adopt clear objective (sic) and a framework underpinned by institutional structures that can put into effect the policies and principles of conflict prevention. There is no more cost-effective approach to promote peace and ensure security and well-being. A successful regime of conflict prevention must include mediation as a central component. Mediation is not a panacea, nor can it solve or prevent all conflicts. Since so many of today’s conflicts have significant intrastate dimensions (and given their general intractability and the parties’ reluctance to use formal, traditional diplomacy), mediation can facilitate a solution before these become politicized and violent. Because it offers a low-key, away-from-thespotlight approach, because it is voluntary and non-coercive in nature (in which there is no blaming or labeling), mediation can be a particularly useful tool in a multifaceted regime of conflict prevention. With its perceived impartiality and fairness, informality and flexibility, and lack of hidden agenda, mediation can strengthen international capacity for preventing deadly conflicts. Like other diplomatic tools, mediation may work better in some conflicts and not so well in others. The task of the scholarly community is to help identify those internal conflict situations in which mediation is an appropriate policy instrument and those situations that may require other policies. The challenge facing the policy-making community is to set up regional agencies and organizations, drawing on a panel of experts, to monitor conflict situations and offer the kind of well-trained professional services that can prevent serious conflicts from escalating into open violence. (p. 248)
990.
Biermann, Wolfgang, and Vadset, Martin (Eds.) (1998).UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia—Peacekeepers’ Views on the Limits and Possibilities of the United Nations in Civil War-like Conflict. Aldershot [England]: Ashgate. 378 pp.
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This book is a record, which includes both statistical analysis and personal accounts, of lessons learned regarding the lengthy and complex UN peacekeeping operations carried out in the former Yugoslavia during the 1990s. Chapter 17, by Cees van Egmond, is entitled “The Situation in UN HQ.” 991.
Boutros-Ghali, Boutros (1992). An Agenda for Peace: Preventive Diplomacy, Peacemaking and Peace-keeping. New York: United Nations. n. p. An Agenda for Peace, one of the major UN reports issued in the 1990s, resulted from a request made on January 31, 1991, by the UN Security Council that UN Secretary General Boutros Boutros-Ghali “prepare and circulate to the Members of the United Nations ‘an analysis and recommendations on ways of strengthening and making more efficient within the framework and provisions of the UN Charter the capacity of the United Nations for preventive diplomacy, peacemaking and peace-keeping.’” The report is comprised of the following sections: I. “The Changing Context”; II. “Definitions”; III. “Preventive Diplomacy” (e.g., Measures to Build Confidence; Fact-Finding; Early Warning; Preventive Deployment; Demilitarized Zones); IV. “Peacemaking” (e.g., The World Court, Amelioration Through Assistance, Sanctions and Special Economic Problems; Use of Military Force; Peace-enforcement Units); V. “Peace-Keeping” (e.g., Increasing Demands, New Departures in Peace-Keeping; Personnel; Logistics); VI. “Post-Conflict Peace-Building”; VII. “Cooperation with Regional Arrangements and Organizations”; VIII. “Safety of Personnel”; IX. “Financing”; and X. “An Agenda for Peace.” While the report calls for a proactive response to impending conflicts and identifies fact-finding and early warning as a means to that end, the question that is bound to be asked is whether the United Nations—in light of the subsequent genocidal disasters in Rwanda (1994) and Srebrenica (1995)—ever really intended to heed any of its own recommendations.
992.
Boutros-Ghali, Boutros (1995). Confronting New Challenges: Annual Report on the Work of the Organization, 1995. New York: United Nations Department of Public Information. 380 pp. This report is comprised of five parts (only those sections germane to the issue of the prevention of genocide are noted herein): I. “Introduction”; II. “Coordinating a Comprehensive Strategy”; III. “The Foundations of Peace: Development, Humanitarian Action and Human Rights” (The Humanitarian Imperative, Protection and Promotion of Human Rights); IV. “Expanding Preventive Diplomacy and Conflict Resolution” (Implementing An Agenda for Peace, Preventive Diplomacy and Peacemaking, Peacekeeping in a Changing Context, Current Activities in Preventive Diplomacy,
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Peacemaking and Peace-Keeping, and Post-Conflict Peace Building); V. “Conclusion.” In Part IV there are relatively lengthy discussions of the post-genocide period following the 1994 genocide in Rwanda (pp. 312–323) and the former Yugoslavia through 1995 (pp. 323–337). Boutros-Ghali also discusses preventive diplomacy efforts in Burundi between 1993 and 1995 (pp. 237–242) and those implemented in Cambodia (pp. 242–243). In regard to various preventive activities, Boutros-Ghali writes as follows: It has become clear that preventive diplomacy is only one of a class of actions that can be taken to prevent disputes from turning into armed conflict. Others in this class are preventive deployment of military and/or police personnel; preventive humanitarian action, for example, to manage and resolve a refugee situation in a sensitive frontier area; and preventive peace-building, which itself comprises an extensive menu of possible actions in the political, economic and social fields, applicable especially to possible internal conflicts. All these preventive actions share the following characteristics: they all depend on early warning that the risk of conflict exists; they require information about the causes and likely nature of the potential conflict so that the appropriate preventive action can be identified; and they require the consent of the party or parties within whose jurisdiction the preventive action is to take place. (pp. 218–219)
In regard to the UN early warning system, Boutros-Ghali reports that A functioning early warning system is critically important for the timely planning and implementation of pre-emptive action. The Humanitarian Early Warning System has been created to provide up-to-date warnings of country crisis situations through analysis of its database, drawing upon the various early warning mechanisms of other United Nations agencies as well as non-United Nations information sources. The system is made up of a database that includes both statistical and other country-specific information, graphically presented trend evaluation and an analysis process that examines statistical and event information. The System completed its prototype in January 1995 and has expanded its country coverage as well as its depth of information on each country. It became fully operational in July (p. 498). 993.
Boutros-Ghali, Boutros (1992/1993). “Empowering the United Nations.” Foreign Affairs, Winter, 71(5):n.p. Secretary Boutros-Ghali calls for numerous changes at the UN, including a special fund for “quick start-ups of peacekeeping operations and standby troops specifically trained for such missions.
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509
Boutros-Ghali, Boutros (1996). “Global Leadership: After the Cold War.” Foreign Affairs, March/April, 75(2): n.p. UN Secretary General Boutros Ghali argues that the UN will be incapable of meeting its mission unless (1) member states provide it with the monetary resources and personnel it needs, and (2) supports a stronger and more independent secretary general.
995.
Boutros-Ghali, Boutros (1994). Improving the Capacity of the United Nations for Peacekeeping: Report of the Secretary General. New York: United Nations. In this report to the UN General Assembly, the Secretary General delineates the unpresented growth of United Nations peacekeeping efforts over the past five years and the dire need for support by member nations.
996.
Boutros-Ghali, Boutros (1995). Supplement to An Agenda for Peace: Position Paper of the Secretary-General on the Occasion of the Fiftieth Anniversary of the United Nations. New York: United Nations. n.p. In his introduction, Boutros Boutros-Ghali asserts the following: The purpose of the present position paper is not to revise An Agenda for Peace nor to call into question structures and procedures that have been tested by time. . . . Its purpose is to highlight selectively certain areas where unforeseen, or only partly foreseen, difficulties have arisen and where there is a need for the Member States to take the “hard decisions” I referred to two and a half years ago. . . . In order to address all the above problems, I should like to go beyond the recommendations I made in 1992 and suggest the establishment of a mechanism to carry out the following five functions: (a) To assess, at the request of the Security Council, and before sanctions are imposed, their potential impact on the target country and on third countries; (b) To monitor application of the sanctions; (c) To measure their effects in order to enable the Security Council to fine tune them with a view to maximizing their political impact and minimizing collateral damage; (d) To ensure the delivery of humanitarian assistance to vulnerable groups; (e) To explore ways of assisting Member States that are suffering collateral damage and to evaluate claims submitted by such States under Article 50. . . . One of the achievements of the Charter of the United Nations was to empower the Organization to take enforcement action against those responsible for threats to the peace, breaches of the peace or acts of aggression. However, neither the Security Council nor the Secretary-General at present has the capacity to deploy, direct, command and control operations for this purpose, except perhaps on a very limited scale. I believe that it is desirable in the long term that the United Nations develop such a capacity, but it would be folly to attempt to do so at the present time when the Organization is resource-starved
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and hard pressed to handle the less demanding peacemaking and peacekeeping responsibilities entrusted to it (pp. i-ii).
The report is comprised of the following sections: I. “Introduction”; II. “Quantitative and Qualitative Changes”; III. “Instruments for Peace and Security” (A. Preventive Diplomacy and Peacemaking; B. Peace-keeping; C. Post-conflict Peace-building; D. Disarmament; E. Sanctions; F. Enforcement Action); IV. “Coordination”; V. “Financial Resources”; and VI. “Conclusion.” 997.
Boutros-Ghali, Boutros (1999). Unvanquished: A U.S.-UN Saga. London: Tauris. 352 pp. In this autobiography, Boutros-Ghali discusses his tenure as United Nations Secretary General between 1992 and 1996. While the primary focus of the book is Boutros-Ghali’s acrimonious relationship with the United States government, it provides unique and valuable insights into the political machinations of the UN Security Council, the Byzantine bureaucratic dealings of the UN Secretariat, and the fate of UN peacekeeping in the 1990s in such places as Bosnia, Cambodia, and Rwanda. Of particular interest is Boutros-Ghali’s criticism of the UN Security Council’s lack of political will to effectively address the conflict in Bosnia and the 1994 genocide in Rwanda, and his condemnation of the double standards of the UN’s western powers in selectively supporting UN interventions in what he deems “rich men’s wars” in Europe and Asia while ignoring the plight of the peoples of Africa. His castigation of the U.S. for blocking UN action to stop the genocide in Rwanda is merciless—as it should be. However, his close relations with France seemingly prevent him from being equally merciless in his criticism of the French who trained and armed the Hutus prior to and during the genocidal period in Rwanda. Throughout, he is sorely unreflective in regard to his own decisions, lack of decisions, and actions.
998.
Bowles, Newton (2004). The Diplomacy of Hope: The United Nations Since the Cold War. New York: I. B. Tauris. 205 pp. In part, the book explores how the UN works, or does not, and describes how the tension between the Security Council and General Assembly can frustrate decisive action.
999.
Brown, Michael E., and Rosecrane, Richard N. (1999). The Costs of Conflict: Prevention and Cure in the Global Arena. Lanham, MD: Rowman & Littlefield. 277 pp. Written under the auspices of the Carnegie Commission on Preventing Deadly Conflict, this book is comprised, in part, of the following parts and chapters: chapter 1. “Comparing Costs of Prevention and Costs of Conflict:
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Toward a New Methodology”; Part One: Failed Prevention (chapter 2. “Bosnia”; chapter 3. “Rwanda”; chapter 4. “Somalia”); Part Two: Initial Prevention (chapter 7. “Macedonia”; chapter 8. “Slovakia”); and Part Three: Mid-Course Prevention. 1000. Brugnola, Orlanda; Fein, Helen; and Spirer, Louise (Eds.) (1999). Ever Again?: Evaluating the United Nations Genocide Convention on Its 50th Anniversary and Proposals to Activate the Convention. New York: Institute for the Study of Genocide. 99 pp. The articles included herein are papers that were delivered at a conference (“Ever Again? Evaluating the United Nations Genocide Convention on Its 50th Anniversary and Proposals to Activate the Convention”) sponsored by the Institute for the Study of Genocide (December 2–3, 1998). The conference was designed not only to review the problem which the Convention addresses—the prevention and punishment of genocide—but to consider what could be done to reinforce the United Nations’ actions under the Convention. Among the questions/issues addressed at the conference were: “How do we identify, or recognize, a genocide under the U.N. Genocide Convention?”; “How do we stop genocide in progress?”; “Who is responsible to intervene in a purported genocide?”; “How is genocide made visible; and “How do we identify a genocide?” The titles of the various articles are: “Introduction” by Helen Fein; “Limits of the United Nations Convention and Contemporary Jurisprudence” by Beth Van Schaack; “Proposal for an International Police Force to Stop Genocide” by John Fousek and Saul Mendlovitz; “Creating an Imperative: Action in the Face of Genocide” by Sarah Sewell; “What Can Governments, International Organizations, and Non-Governmental Organizations Do Now to Prevent Genocide” by Michael McClintock; “The Role of Human Rights Non-Governmental Organizations in the Prevention of Genocide: A Skeptical View” by Morton Winston; “Accountability for Inaction: Getting Beyond ‘Political Will’” by Samantha Power; and “Covering War Crimes and Genocide: A Reporter’s Guide to the Perplexed” by Roy Gutman. 1001. Burg, Steven L. (1994). “Ethnic Nationalism, Breakdown, and Genocide in Yugoslavia: Comment on Helen Fein’s ‘Patrons, Prevention and Punishment of Genocide and Proposals for the Future,’” pp. 14–20. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York Institute for the Study of Genocide. Burg discusses both the breakdown of the Yugoslav state as well as the concept of “preventive engagement.” In regard to the latter, Burg observes and then argues as follows: “By the time genocidal warfare has broken out, it is too late to affect local behaviors in this way. This is why I have
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called on America and other democratic policymakers to establish a broad range of mechanisms for what I have termed ‘preventive engagement.’ These include, for example, the establishment of an international corps of civilian police investigatory and judicial personnel to facilitate the peaceful settlement of isolated inter-ethnic incidents, to identify and punish perpetrators, and to help governments prevent retaliatory attacks on civilian populations” (p. 18). Continuing, Burg argues that . . . for such an activist orientation toward serving international peace to take hold, a revolution must take place in the way Western academics and policymakers alike think about international security issues. So-called “realist” theory, the dominant paradigm of international relations which has guided policy up to now, focuses narrowly on relative military capacities, to the exclusion of internal social and political processes. But, if any lessons are to be drawn from such tragedies that have occurred in the former Yugoslavia and in Rwanda, it is that the importance of internal structural and political conditions, including the emotional power of ethno-nationalism to elicit both extraordinary sacrifice and extraordinary violence, can no longer be ignored in either the study of international relations or the formulation of policies to preserve peace. (pp. 19–20)
1002. Campbell, Kenneth J. (2001). Genocide and the Global Village. New York: Palgrave. 178 pp. This book is comprised of the following chapters: “Introduction: Return of an ‘Odious Scourge’”; 1. “The Grand Strategic Context”; 2. “Misunderstanding Genocide”; 3. “Misusing Force”; 4. “Misreading the Public”; 5. “Genocide in Bosnia”; 6. “Genocide in Rwanda”; 7. “Genocide in Kosovo”; 8. “Remedy”; and “Conclusion.” In chapter 8 (“Remedy”), Campbell comments on the failure of the international community to halt contemporary genocide and then comments on “signs of progress” and “the limits of progress.” He also briefly discusses the need to build political will, “enhance international capacity,” and “consolidate normative consensus” vis-à-vis preventing and/or stopping genocide. 1003. Carnegie Commission on Preventing Deadly Conflict (1997). Preventing Deadly Conflict: Final Report with Executive Summary. Washington, D.C.: Author. 257 pp. The Carnegie Corporation of New York established the Carnegie Commission on Preventing Deadly Conflict in May 1994 to address “the looming threats to world peace of intergroup violence and to advance new ideas for the prevention and resolution of deadly conflict. The Commission has
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examined the major causes of deadly ethnic, nationalist, and religious conflicts within and between states and the circumstances that foster or deter their outbreak. Taking a long-term, worldwide view of violent conflicts that are likely to emerge, it seeks to determine the functional requirements of an effective system for preventing mass violence and to identify the ways in which such a system could be implemented. The Commission looks at the strengths and weaknesses of various international entities in conflict prevention and considers ways in which international organizations might contribute toward developing an effective international system of nonviolent problem solving” (p. i). This book is comprised, in part, of the following parts and chapters: Prologue: Conflict Prevention in the Twenty-First Century (The Legacy of Rwanda; Is Prevention Possible?; Toward a New Commitment to Prevention); chapter 1: “Against Complacency” (From Cold War to Deadly Peace, A World Transforming, Rapid Population Growth, The Expansion of Technology, Modern Weaponry: Lethal and Available; The Cost of Deadly Conflict; A Historic Opportunity: Toward Prevention); chapter 2: “When Prevention Fails” (How and Why Deadly Conflict Occurs; Understanding Violent Conflict; Leaders and Groups Avoiding the Worst Case; What Can Be Done? What Are the Tasks?; What Works?); chapter 3: “Operational Prevention” (Strategies in the Face of Crisis; Looking at the Whole Problem; A Framework for Engagement; The Need for Leadership; A Comprehensive Political-Military Response; Resources; Transition to Host Nation Control; Early Warning and Early Response; What Kind of Warning Is Most Useful?; Who Can Best Provide Useful Early Warning?; Who Should Be Warned?; Preventive Diplomacy; Economic Measures; Sanctions; Inducements; Conditionality; Economic Dispute Resolution Mechanisms; Forceful Measures; Basic Principles; Peacekeeping and Maintaining Civil Order; “Thin Blue Line” Preventive Deployments; “Fire Brigade” Deployments); chapter 4: “Structural Prevention” (Strategies To Address the Root Causes of Deadly Conflict; Cooperating for Peace; Security within States; Well-Being; Helping from Within: Development Revisited; Making Development Sustainable; Helping from Outside: Development Assistance; Justice; Justice in the International Community; Human Rights; Humanitarian Law; Nonviolent Dispute Resolution; Justice within States; Transition to Democracy; Social Justice); chapter 5: “Preventing Deadly Conflict” (The Responsibility of the United Nations and Regional Arrangements; The United Nations; Strengths of the UN; Limitations of the UN; Strengthening the UN for Prevention; Reform of the Security Council; The UN’s Role in Long-Term Prevention; The International Financial Institutions; Regional Arrangements; Security Organizations; Economic Organizations; Dialogue and Cooperation Groups); and chapter 7: “Toward A Culture Of Prevention” (The Challenge
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To Educate; The Mass Media; Religious Institutions; The United Nations; The Challenge To Lead; Lessons of World War II; The Vision of Nelson Mandela; Toward Wiser Decision Making; The Challenge To Communicate; The Promise of Prevention). 1004. Charny, Israel W. (1999). “Genocide, Study of,” pp. 36–40. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume 1. Santa Barbara, CA: ABC CLIO Press. One section of this encyclopedic entry is entitled “Intervention and Prevention of Genocide (pp. 39–40). In it, Charny comments, in part, on the UN’s Whitaker Report, the role of NATO and the U.N. in the 1990s, the establishment of the International Criminal Court, and the trials of perpetrators of the genocidal tragedies in Yugoslavia and Rwanda. 1005. Clarke, Walter S. (1998). “Waiting for ‘the Big One’: Confronting Complex Humanitarian Emergencies and State Collapse in Central Africa,” pp. 72– 101. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass. Clarke, a retired U.S. diplomat and adjunct professor of Peace Operations at the U.S. Army Peacekeeping Institute, argues that the world community’s totally inadequate response to the 1994 genocide in Rwanda and the 1996 mass killing (estimated to be in the tens of thousands) of Hutu refugees in Zaire is indicative of the fact that the international community has no truly effective procedure in place to respond to such conflicts/tragedies. In light of that, he proposes a comprehensive framework for developing and implementing an effective response to state failure, complex emergencies, and peace operations. 1006. Cockell, John G. (2003). “Early Warning Analysis and Policy Planning in UN Preventive Action,” pp. 182–206. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations University Press. In his introduction, Cockell (a research associate with the Conflict Analysis and Development Unit of the London School of Economics, and technical advisor on early warning systems for the UNDP Office in Kosovo) notes that the focus of this chapter is as follows: Drawing upon recent project research, the basis for an organizationally specific redefinition of conflict prevention will be outlined, focusing on the need for its strategic and proactive application in situations of protracted internal conflicts. A large measure of this redefinition involves the building of UN capacity to conduct early warning analysis in a manner that facilitates the applied planning and implementation of preventive action strategies. Reframing the early
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warning problematic in this way reverses the logic of much recent research on early warning methods, and thus a related objective of this chapter is to contest the assumptions underlying that logic. Finally, in outlining the basic elements of a composite analytical method for UN early warning, certain features of conflict analysis theory which either facilitate or hinder the contemporary need to evolve pragmatic strategies and instruments for the prevention of protracted violent conflict will be highlighted. (pp. 182–183)
1007. Conflict Analysis Center (1985). Genocide: Ratification of the Convention on the Prevention and Punishment of the Crime of Genocide. Washington, D.C. Author (P.O. Box 75034, Washington, D.C. 20013.), n.p. Published as part of the campaign to gain U.S. Senate consent to ratify the Convention on the Prevention and Punishment of Genocide (UNCG) (which was achieved in February 1986), this pamphlet discusses the significance of the UNCG. 1008. Cortright, David (1997). “Incentives, Strategies for Preventing Conflict,” pp. 267–301. In David Cortright (Ed.) The Price of Peace: Incentives and International Conflict Prevention. Lanham, MD: Rowman & Littlefield Publishers. The chapter is comprised of the following sections: The Model of Cooperative Democratic Development; Shaping an Incentives Policy (Strategic Design, Value, Delivery, Timing, Avoiding the Risks of Appeasement, Mixing Carrots and Sticks); The Players and Their Interests; Policy Issues (Military Assistance: A Two-Edged Sword; and Foreign Aid: The Neglected Incentive); and The Power of Trade: A Global Strategy. 1009. Cortright, David (Ed.) (1997). The Price of Peace: Incentives and International Conflict Prevention. Lanham, MD: Rowman & Littlefield. 347 pp. A “spin-off” of The Carnegie Commission on Preventing Deadly Conflict, the contributors to this book examine the potential use of “incentives” to reduce tensions and prevent the escalation of conflicts. A key point made herein is that very little attention has been given to either the theoretical or policy-oriented research regarding the use of incentives—especially in comparison to the plethora of literature on the use of deterrence, coercion, and sanctions. The book includes nine case studies—four of which address regional conflict resolution efforts and two of which involve multilateral organization efforts. It also contains at least three chapters that genocide scholars and others concerned with the prevention and intervention of genocide should find of particular interest: chapter 1. “Incentives and Cooperation in International Affairs” by David Cortright; chapter 6. “Economic Incentives and the Bosnian Peace Process” by Raimo Väyrynen; and chapter 11. “Incentive Strategies for Preventing Conflict” by David Cortright.
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1010. Dallaire, Romeo (1995). “The Rwandan Experience,” pp. 14–25. In Alex Morrison (Ed.) The New Peacekeeping Partnership. Clementsport, Nova Scotia: The Lester B. Pearson Canadian International Peacekeeping Training Centre. This is a must read for all of those interested in the issues pertaining to the prevention and intervention of genocide for the author—Major-General Dallaire, Deputy Commander of the Canadian Army and the former Commander of the UN Mission in Rwanda (UNAMIR)—knows that of which he speaks. Having witnessed first-hand both the 1994 genocide in Rwanda and the impotence of the international community in effectively addressing the outbreak of violence, his insights regarding peace operations and the reforms needed at the UN to enable it to address ethnic violence and genocide in a timely and effective manner are worthy of serious consideration. The essay is comprised of the following headings: The International Community; UN Peace Support Operation: UNAMIR; Reaction by the International Community; The Need to Reform the UN; UN Reform Options (a. A UN Multi-Disciplinary Senior Crisis Management Cell, b. Reform of the UN Administration/Logistics System; c. A UN Contingency Fund; d. UN Standby Military Forces and Equipment; e. A UN Umbrella Humanitarian Agency; f. A UN International Media Element; g. A UN Information (Intelligence) Capability, and h. UN Intervention for Humanitarian Reasons). 1011. Dallaire, Romeo, with Major Brent Beardsley (2005). Shake Hands with the Devil: The Failure of Humanity in Rwanda. New York: Carroll & Graf Publishers. 562 pp. An extraordinarily powerful, informative, and thought-provoking book by Lt. General Dallaire, who served as force commander of the United Nations Assistance Mission for Rwanda (UNAMIR) prior to and during the course of the 1994 Rwandan genocide, and his personal staff officer Brent Breadsley. They delineate in excruciating detail their efforts to stave off the genocide; the United Nations intransigence in providing them with an adequate mandate, let alone enough troops and resources to carry out the mission; the horrific carnage they faced day-in and day-out, month after month; and their Herculean efforts to save as many people as possible. It is a book that speaks volumes in regard to the innumerable weaknesses inherent in the so-called “international community’s purported efforts to prevent genocide. 1012. Dedring, Jürgen (1998). “The Security Council in Preventive Action,” pp. 45–65. In Peter Wallensteen (Ed.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University.
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In this essay, Dedring discusses the provisions of the UN Charter regarding the prevention and removal of threats to the peace, the UN Security Council’s reaction to Secretary-General Perez de Cuellar’s report on ways to improve the UN’s ability to react in an expeditious manner to the outbreak or escalation of internal crises, the focus of the 1992 Agenda for Peace issued by the UN and its discussion vis-à-vis preventive diplomacy, preventive deployment in Yugoslav Macedonia in 1992, and efforts at prevention in the early 1990’s crisis in Burundi that threatened to explode into genocide. He concludes with a short discussion of lessons learned and insights gleaned. 1013. Destexhe, Alain (2000). “Neutrality or Impartiality,” pp. 101–117. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Destexhe, the Secretary General of Médecins Sans Frontières, notes and then asserts the following: The construction of a new world order and the evolution of the United Nations after World War II were guided by the principle: Never again! The Nazis’ unprecedented crimes became a benchmark for an international community founded on certain basic values: opposition to genocide, the search for world peace, and respect for human rights. However, over the years, that determination has been replaced by pragmatism. The United Nations, rendered powerless as a result of superpower hostility, found its role restricted to the provision of development aid. The end of the Cold War raised again the idea of an international community based on shared values, administered by international institutions, and defended by democratic countries. In the face of an increasing number of crises, the UN is now called upon regularly to encourage negotiation, to interpose itself, and to assist people at risk. However, the window of opportunity that seemed to be opening with the end of the Cold War is rapidly closing, and the idea that the UN could be the guarantor of world peace is far from being realized. The honeymoon period and the dreams of “a new world order” seem to be over. The major powers have made it clear that they will neither sanction the UN to be the world’s police force nor take on the role themselves, not even the United States. Fifty years after the creation of the UN and five years after the end of the Cold War, the international community showed its true colors: in Rwanda, it failed to react to the first indisputable genocide since that perpetrated against the Jews; in former Yugoslavia, it failed to react to the return of war and “ethnic cleansing” at the heart of Europe. Under the pretense of neutrality, its only response was humanitarian aid. (p. 101)
The chapter is comprised of the following sections: The Shortcomings of the “New Humanitarianism”; A Brief History of Neutrality; Bosnia: The “Placebo” Effect; From “Total War” to “Total Humanitarianism”; Rwanda:
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From Indifference to Compassion; The Limits of Humanitarian Action; and Alternative Reactions (Diagnosis, Impartiality, and Justice). 1014. Diehl, Paul F. (Ed.) (1997). The Politics of Global Governance: International Organizations in an Interdependent World. Boulder, CO: Lynne Rienner Publishers. 421 pp. The chapters in this book that are directly related to the UN Security Council and the issue of prevention are: “Representing the World: A Security Council for the 21st Century” by Peter Wallensteen; “Human Rights: Amnesty International and the United Nations” by Ramesh Thakur; “NGOs and the U.N. System in Complex Humanitarian Emergencies: Conflict or Cooperation” by Andrew S. Natsios; and “Empowering the United Nations” by Boutros Boutros-Ghali. 1015. Dorn, A. Walter, and Matloff, Jonathan (2000). “Preventing the Bloodbath: Could the UN Have Predicted and Prevented the Rwandan Genocide?” The Journal of Conflict Studies, 20(1):9–52. The authors conclude that Early warning of the Rwandan genocide was clearly possible for the UN, given the large number and types of signals [in existence]. What, then about the prevention of genocide? Senior political leaders in both the UN and governments have already stated that the genocide could have been prevented or at least mitigated. But neither the politicians nor the practitioners (nor the academics for that matter) have described precise measures and detailed scenarios to demonstrate possible means of genocide prevention or mitigation. (p. 33)
The authors’ aim is to address the latter. The essay is comprised of the following sections: Background (Historical Review, and UN Mandate for Monitoring and Prevention); Early Warning Signals (Illicit Arms; Conscientious Informers; Nefarious Plotters; Vile Propaganda; Macabre Militia; Horrendous Human Rights Violations; Human Rights Organizations: Did They Do Better?); Preventive Action (Preventive Measures Before 6 April, and Preventive Measures After 6 April); Political Will; and Conclusion. The essay also includes the following appendix: “The Genocide Fax”: Cable from UNAMIR Force Major Romeo Dallaire to UN Headquarters. 1016. Dress, Tobi P., and Rosenblum-Kumar, Gay (2002). “Deconstructing Prevention: A Systems Approach to Mitigating Violent Conflict,” pp. 229–249. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers.
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In this chapter, the authors (Dress, an attorney and specialist in conflict prevention and public policy; and Rosenblum-Kumar, a public administration officer in the governance and public administration branch of the UN Department of Economics and Social Affairs) argue that the United Nations must engage in an internal process of intersectoral and interagency dialogue to better integrate and maximize the capacities of UN agencies, sectors, and departments in structural conflict prevention, peacebuilding, and long-term place planning. We recommend that key policymakers in international organizations be convened to engage with key officials of leading international conflict resolution networks. The goals of such a dialogue would be to determine infrastructure requirements for long-term peace planning and to assess what roles different organizational actors would assume within this infrastructure and how they could be mutually reinforcing. This chapter is divided into two sections, one on global and regional capacity-building, and the other on the United Nations’ role in national capacity-building in conflict management. (p. 230)
1017. Dugger, Ronnie (1996). “To Prevent or to Stop Mass Murder,” pp. 59–73. In Charles B. Strozier and Michael Flynn (Eds.) Genocide, War, and Human Survival. Lanham, MD: Rowman & Littlefield Publishers. Dugger, a journalist, argues in favor of what he deems a paradigm shift to “minimalist international values” (p. 67). More specifically, he states: We must try something that we have never tried before. I believe that the only thing new that might become large and strong enough and swift enough to give us some surcease from the mass violence and some advance toward an ethical system of worldwide economic governance is a worldwide breakthrough to minimalist international values. . . . For example, it is the received doctrine that U.S. (or any other state’s) “foreign policy” abroad should be guided by “the national interest,” but in minimalist humanist ethics it should also be guided by the interest and well-being of people abroad . . . ” (p. 67)
Based on such a notion, Dugger goes on to discuss changes the United Nations could make (“a UN military force that could engage not only in peacekeeping, but also in active military intervention to stop genocides and mass murder while they are happening,” p. 67), and the establishment of a United People’s Organization (which would truly represent the interest of the people of the globe versus the interests of nations) by the fifteen hundred non-governmental organizations of the world. He states that “The United Nations should announce that it will accept individual volunteers from any nation and train and equip them for a service in a UN military force” (p. 68) for such purposes. Dugger goes on to note that
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In September 1994, Hans van Mierlo, the Netherlands Minister for Foreign Affairs, re-launched the idea of a volunteer UN Rapid Deployment brigade. . . . Van Mierlo, discussing an informed view that the rapid deployment of a brigade [in 1994] . . . could have prevented the slaughter of hundreds of thousands of people in Rwanda, declines to blame anyone for the fact “that under the circumstances no government was prepared to risk the lives of its citizens,” but cites the situation as compelling proof of the need for an international volunteer brigade. An associated Netherlands study hypothesizes that the brigade will be full-time, professional, available at all times, and deployable in fourteen days or more quickly for three months at most, then to be superceded by multinational UN forces; . . . and specifically contemplates the brigade’s deployment by the [UN] Security Council “with or without the consent of local rulers, to prevent or stop crimes against humanity, mass murders, and genocide.” (p. 68)
1018. Eliasson, Jan (1996). “Conflict and Development: Causes, Effects and Remedies,” pp. 347–353. In Luc van de Goor, Kumar Rupesinghe, and Paul Sciarone (Eds.) Between Development and Destruction: An Enquiry into the Causes of Conflict in Post-Colonial States. New York: St. Martin’s Press. In this piece, Eliasson, who was permanent representative of Sweden to the United Nations in New York and under secretary-general for Humanitarian Affairs at the United Nations from 1992 to 1994, argues that while conventional wisdom regarding the relationship between conflict and development is that conflict undermines development, what should be examined more deeply is how development and humanitarian action can prevent or diminish conflict. He goes on to discuss three key themes: the changing international environment, focusing partly on how such changes have impacted the United Nations; the relationship between peacekeeping, peacemaking and peace building (in the form of humanitarian action and assistance); and the imperative of prevention. 1019. Eliasson, Jan (2000). “Establishing Trust in the Healer: Preventive Diplomacy and the Future of the United Nations,” pp. 215–239. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Eliasson, the United Nations first under-secretary-general for Humanitarian Affairs, notes that This chapter begins with an examination of how the pattern of conflicts has changed in the post-Cold War period, and how these conflicts can involve the United Nations in all stages, from early warning, fact finding, the peaceful settlements of disputes and peacekeeping to action under Chapter VII of the UN Charter. Given the recognition that priority should be given to the earliest
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possible action, the chapter then discusses how and when preventive diplomacy is a practical possibility, and, in particular, the role of the United Nations in this context. The chapter considers how mistrust of the Organization—both due to its abilities and disabilities—can hinder its preventive work. Important issues to examine are related to the principles of national sovereignty and the impartiality of the United Nations. My conclusion is that the United Nations has an essential role in preventive diplomacy, by virtue of its mandate, legitimacy, and wide-ranging capabilities. By accepting and playing that role to the fullest extent, the United Nations will also gain the credibility needed to bring it out of its present crisis. (p. 215)
The chapter is comprised of the following sections and subsections: Steps to Prevent and Handle Post-Cold War Conflicts; Is Prevention Possible—and When?; The Role of the UN in Conflict Prevention; Can the Healer Be Trusted?, and Beyond the Crisis: A Program for Preventive Action (Carry Out Financial and Structural Reform, Define a Rational Division of Labor with Regional and Other Organizations, Work Together with NGOs and Civil Society, Address the Root Causes of Conflict, Integrate Disarmament into Preventive Action, Reform the Security Council, Strengthen the Capacity of the Secretariat in Preventive Diplomacy, Make Better Use of Article 99, Develop the Instruments for Peaceful Settlement of Disputes, Keep Open the Possibility of Preventive Deployment of Peacekeepers, Develop Concrete Preventive Tasks for the General Assembly, and Mobilize All of the UN System). 1020. Evans, Glynee (1997). Responding to Crises in the African Great Lakes. Adelphi Paper 311. New York: Oxford University Press. 96 pp. This monograph, by the British ambassador to Chile and the former head of the United Nations Department at the UK foreign and commonwealth office, examines the international responses to the ethnic conflicts in Burundi and Rwanda from 1993 to 1997 as well as their overspill into Zaire (now the Democratic Republic of the Congo). Evans concludes that the international response to the various situations was both impotent and incoherent. She urges the international community and individual states to make numerous changes vis-à-vis its response mechanisms. Among these are: the UN should create a Conflict Analysis Center at its headquarters in New York; governments need to promote lateral understanding and cooperation between different players, including the media and the non-governmental organization community; and greater understanding is needed on the part of Western states that traditional Western patterns of diplomacy are often inappropriate in various regions of the world (e.g., she suggests that nonparty democracy and a strong element of sub-regional cooperation may be the models for the future).
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1021. Falk, Richard (1996). “Meeting the Challenge of Genocide in Bosnia: Reconciling Moral Imperatives with Political Constraints,” pp. 125–135. In Charles B. Strozier and Michael Flynn (Eds.) Genocide, War, and Human Survival. Lanham, MD: Rowman & Littlefield Publishers. In this fascinating and thought-provoking essay, Falk, the Milbank Professor of International Law and Practice at Princeton University, examines “why intervention to prevent genocide was never a genuine option for Bosnia” (pp. 129–131), and then discusses what he perceives can be done to “reduce the ambit of harm and to work toward the effective elimination of genocide from human experience” (p. 131). Falk goes onto to argue that “If international political life is to be better protected against genocide, transnational social forces will have to make a greater effort. Governments of liberal democracies and inter-governmental institutions can only be helpful in this effort if pushed hard from below; to rely on governmental actors to carry out an anti-genocide campaign, whether in Bosnia or in general, is to misunderstand the pattern of international relations over the course of the last two hundred years” (p. 134). In a section of the essay entitled “Why Intervention to Prevent Genocide Was Never a Genuine Option for Bosnia,” Falk asserts the following: There are several conclusions that emerge from this analysis of the challenge of genocide in Bosnia: • The main realist rationale for even shallow intervention in Bosnia, aside from public relations requiring that “something” be done, was the early termination, and above all, the containment of the conflict, including the outflow of refugees, and not the prevention of genocide, or even the prevention of aggression; • The humanitarian element in the unfolding diplomacy of shallow intervention was mainly a response to “the CNN factor,” intended to minimize civilian suffering on route to a negotiated settlement that accepted as “fact” the results of “ethnic cleansing,” and did not embody the view that genocidal policies must not be allowed to succeed or that the survival of secularism in former Yugoslavia was a strategic interest for Europe and the United States; • Deeper intervention to prevent genocide and aggression would have required a major commitment of resources and occupying forces for a period of uncertain duration, which never became a possibility because of the absence of perceived strategic interests in relation to these goals; • Challenging genocide by interventionary diplomacy is unlikely to occur, unless its occurrence is entwined in larger strategic interests, until political leaders and their main advisors are ideologically reoriented to regard moral, legal, and humanitarian concerns as integral to the pursuit of “national interests” in a globalized world order given the current conjuncture of forces in the world (pp. 130–131).
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The last section of his essay, “Meeting the Challenge of Genocide in Bosnia and Elsewhere,” emphasizes the need to overcome political obstacles that block the implementation of widely shared moral imperatives. More specifically, Falk discusses the following issues: democratic empowerment, criminal accountability, and globalizing citizenship. 1022. Fein, Helen (1994). “An Interview with Alison L. Des Forges: Genocide in Rwanda Was Foreseen and Could Have Been Deterred,” pp. 21–31. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. In this interview, Alison Des Forges (a noted human rights researcher with Human Rights Watch, and co-chair of the International Commission on Human Rights Abuses in Rwanda 1992–1993), asserts, in part, the following: the donor states and international organizations working in Rwanda “could and should have anticipated” the 1994 genocide in Rwanda (p. 21); that the genocide was pre-conceived by the perpetrators; the international community was not resolute in holding the Rwandan government and the RPF [Rwandan Patriotic Front] to the [Arusha] peace accords signed on August 4, 1993; that “aid-giving countries have not in the past taken seriously human rights abuses or the threat of massive abuses and operated on the theory that we have to deal only with the economic situation and once we’ve done that the political situation will take care of itself” (p. 17); and as far as the role of the UN in preventing future genocides, what primarily needs to be focused on is the “question of political will” (p. 29). 1023. Fein, Helen (1999). “Patrons, Prevention and Punishment of Genocide: Observations on Bosnia and Rwanda,” pp. 5–13. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. This short piece by Fein is packed with key observations and recommendations vis-à-vis the issue of the prevention of genocide. At the outset Fein states that “My thesis is that genocide is preventable (as are political mass murders) because it is usually a rational act. That is, the perpetrators calculate the likelihood of success, given their values and objectives. One of the reasons it is likely to succeed is that it is not deterred by other countries—indeed, the patrons of the perpetrators often aid them” (p. 5). Among the many suggestions Fein makes are the following: “We need to heighten the awareness of the patrons and press them to prevent genocide by (a) coordinating the promises of donors re., withdrawing aid and making further aid contingent on observing life-integrity rights (not tolerating massacres, extrajudicial executions, ‘disappearances,’ or torture); (b) isolating and suppressing extremist parties which use violence; (c) promoting
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interdependent solutions; and (d) warning the instigators that genocide will not pay. To do this, we have to make sure it does not pay and to stop paying off the perpetrators” (p. 9). Fein also addresses the need to create a UN rapid response force (i.e., a force based on professional volunteers that is answerable to the Security Council and can act immediately to halt or cordon off the perpetrators of genocide) (p. 10), and an international criminal court. [Editor’s note: On July 17, 1998, the United Nation’s Diplomatic Conference in Rome established a permanent International Criminal Court by adopting its statue by a vote of 120 in favor to 7 against, with 21 abstentions. The United States, China, Iraq, Israel, Libya, Qatar, and Yemen voted against the establishment of the court. The statute entered into force upon the ratification, acceptance, approval or accession of sixty states.] 1024. Fein, Helen (1982). “On Preventing Genocide,” pp. 269–279. In Jack Porter (Ed.) Genocide and Human Rights: A Global Anthology. Lanham, MD: University Press of America. Two of the many issues Fein discusses herein are: (1) the United Nations lax reaction to various genocidal events and (2) actions that governments and organizations with military forces could undertake to prevent genocide and the pros and cons of such actions. 1025. Fein, Helen (Ed.) (1994). The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. 44 pp. This “working paper” is comprised of the following essays: “Patrons, Prevention and Punishment of Genocide: Observations on Bosnia and Rwanda” by Helen Fein; “Ethnic Nationalism, Breakdown, and Genocide in Yugoslavia: Comment on ‘Patrons, Prevention, and Punishment for Genocide’ and Proposal for the Future” by Steven L. Burg; “An Interview with Alison L. Des Forges: Genocide in Rwanda was Foreseen and Could Have Been Deterred” by Helen Fein; and “U.S. and UN Actions Escalate Genocide and Increase Costs in Rwanda” by Milton Leitenberg. 1026. Fisas, Vicenc (1995). Blue Geopolitics: The United Nations Reform and the Future of Blue Helmets. East Haven, CT and London: Pluto Press with Transnational Institute. 184 pp. Written by a disarmament researcher at the UNESCO Centre of Catalonia, the author examines, in part, ways in which the United Nations could be reformed in order to be more effective in the areas of conflict prevention, humanitarian intervention, and peacekeeping. Fisas also examines the issue of the use of force by the United Nations.
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1027. Fisas, Vicenc (1995). “Conflict Prevention,” pp. 37–51. In Vicenc Fisas’ Blue Geopolitics: The United Nations Reform and the Future of the Blue Helmets. East Haven, CT and London: Pluto Press. In addition to discussing early warning centers, verification centers (which verify and monitor arms agreements), the United Nations and its role in conflict prevention, Fisas proposes a series of proposals vis-à-vis conflict prevention. Among some of the many proposals are as follows: • Create the necessary mechanisms within the United Nations and the regional organizations for detecting and predicting conflicts. • Prevention should be directed not only at military questions, but also at political, economic, ecological, social, cultural and technological problems. • Special attention should be paid to ethnic and ecological conflicts. • Early warning should take place simultaneously at different levels (national, regional and international) and through different institutions (governmental and non-governmental). • Create a global communications network linking all the early warning centres, whether governmental, NGO or those belonging to international organizations, using the same computer language. • Develop regional mechanisms for mediation. • Ensure mechanisms for immediate response to emergency situations (advance commitment). • Connect early warning centres to arms control and verification organs. • Set up a disarmament verification agency within the United Nations, with the appropriate technical means, including those obtained by satellite. • Establish a Convention by which some military satellites are transferred to new missions and come under the control of the United Nations. • Increase the power of the United Nations Secretary General to investigate conflictive situations, either directly or by means of fact-finding missions and observers. • Increase the presence of the United Nations in unstable areas, including peacekeeping forces. • Establish the rule that United Nations fact-finding missions must be accepted, that they can take place anywhere, at any moment and under any circumstances, and that they cannot be vetoed by the five permanent members of the Security Council. • Foment the training of specialists in conflict prevention and regulation and disarmament verification. • Develop military and non-military confidence-building measures (CBM). • Extend the Court’s jurisdiction to individuals, make it accessible to NGOs
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concerned with human rights and enlarge the criterion of responsibility for judging governments accused of war crimes. • Revise the principle of non-intervention in cases of severe violations of human rights, urgent humanitarian aid or natural or ecological catastrophes. • Accept the principle that no state can prevent humanitarian aid being sent or received. • Pay greater attention to tensions and conflicts arising from economic and social inequalities (pp. 50–51). 1028. Freeman, Michael (1999). “The Role of Institution Building in the Prevention of Genocide,” pp. 205–222. In Roger W. Smith (Ed.) Genocide: Essays Toward Understanding, Early-Warning, and Prevention. Williamsburg, VA: Association of Genocide Scholars and the Department of Government, College of William and Mary. In this essay, Freeman’s argument is basically as follows: “Genocide scholars have generally pinned their hopes for the prevention of genocide on thirdparty intervention . . . , [but] that is not the only option and not always the most promising one. The development of democratic social institutions is at least as important. The misleading named ‘international community’ suffers from a defect similar to that found in societies that are especially vulnerable to genocide: it is under-institutionalized. It has institutions for intervention, but they are not only under-resourced, they are directed by state elites who are not strongly motivated to make them effective” (p. 218). 1029. Goodpaster, Andrew (1996). When Diplomacy Is Not Enough: Managing Multinational Military Interventions. New York: Carnegie Corporation of New York. 38 pp. In the preface to this work, the following is stated: This study is part of a larger effort by the Carnegie Commission on Preventing Deadly Conflict to devise ways of reducing mass violence in the international system. Included in the Commission’s framework are attempts to define the problem of post-Cold War conflict, reveal the nature and cause of mass violence, devise a doctrine for triggering international responses to aggression, and finally to conceive a broad system of interrelated—although not necessarily interdependent—processes that operate at every phase of a real or potential conflict, from early warning and preventive diplomacy to military intervention and conflict resolution. Although the Commission is primarily concerned with preventing the outbreak of violence and is therefore emphasizing means of early warning, and conflict avoidance, its consideration of the constructive use of force in dealing with violence is twofold. First, the international community may not always be able to predict and prevent the outbreak of violence, and it must therefore
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develop the capability to mitigate violence, even if that requires using force. Second, the Commission hopes to contribute to the development of a system of intervention that is so predictable, rapid and effective that its mere existence would act as a deterrent against mass violence. (italics added) The purpose of this study is to increase the Commission’s understanding of how to facilitate timely and effective military intervention where such actions will help forestall mass violence. . . . The evidence shows that in many instances, international initiatives, of varying scope and duration, can have salutary effects. The record also shows, however, that there is much room for improvement. (pp. vi–viii)
The report is comprised of six chapters: 1. “The Challenge”; 2. “Making the Case for Using Multinational Forces”; 3. “Managing Multinational Forces”; 4. “Operational Requirements”; 5. “The Use of Force—When, Why, and How”; and 6. “Recommendations.” The study was conducted under the leadership of General Andrew J. Goodpaster, USA (Retired). 1030. Gordenker, Leon (1992). “Early Warning and Practical Issues,” pp. 1–14. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. In the section entitled “Using Early Warning,” Gordenker argues that “As early warning is expected to begin a process of humanitarian response . . . , merely announcing a forecast . . . would seem too gross to be useful. Rather, early warning should be directed to targets that could best use it for a specific situation. Consequently, choices are required on the part of those who assemble early warnings. These choices essentially are political judgments—who will respond and how and why” (p. 8). In his conclusion, Gordenker asserts the following: Although the interest in early warning suggests that it is an idea of special relevance today, it remains a concept that requires further elaboration and experimentation before it can be treated as practical. . . . The centralized approach to early warning adopted by the [UN] General Assembly involves a number of political and management difficulties. . . . As the international secretariats are both highly responsive to governmental pressure . . . , serve enormously varied constituencies, attempts to create a high-grade authoritative early-warning system may prove abortive. Beyond the conceptual and structural considerations, early warning involves a great deal of political judgment. The designation of ORCI [Office for Research and Collection of Information] as the bureaucratic centre of early warning in the UN system so far has meant that the Secretary General becomes the early warner. This puts yet one more burden on an office that now has heavy tasks and slender political and material resources. The choice of the target for early
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warning, a crucial decision, might well be coloured more by political linkages than by humanitarian needs while still at a stage where worse could be prevented.” (pp. 11–12)
1031. Gowlland-Debbas, Vera (Ed.) (2001).UN Sanctions in International Law. The Hague: Kluwer Law International. 408 pp. The essays in this volume were first presented at a colloquium organized by the Graduate Institute of International studies in Geneva, Switzerland. It is comprised of thirty-one papers, eight of which are in French. Part I of the volume is comprised of theoretical issues. Part II addresses the many humanitarian issues at stake when sanctions are applied. Part III includes eight essays on the imposition and implementation of UN Security Council sanctions resolutions. Part IV examines the future of sanctions. Among the topics addressed in the various essays are: the ongoing and numerous disputes over the definition of sanctions; the concept of sanctions in international law; the evolution of sanctions practices under Chapter VII of the UN Charter; unilateral sanctions (or those issued by a single state); the difficulty in reconciling humanitarian concerns with the need for effective sanctions; the insertion of a sanctions dimension into the world of human rights monitoring; the elimination of economic sanctions in favor of diplomatic sanctions; and greater use of preventive measures, such as peacemaking and the peaceful settlement of disputes, in lieu of economic sanctions. The various authors consider both “vertical sanctions” (e.g., those imposed by the UN Security Council) as well as “horizontal sanctions” (e.g., those imposed state to state). 1032. Gunter, Michael M. (1994). “The Kurdish Peacekeeping Operation in Northern Iraq, 1991,” pp. 97–110. In David A. Charters (Ed.) Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. Gunter’s conclusion to his essay is informative and telling: The imperfect, but effective, UN collective security operation against Iraq following that state’s conquest of Kuwait in August 1990 eventually led to an equally flawed, but still useful, peacekeeping operation to help save the Kurds from the further depredations of Saddam Hussein after their failed uprising in March 1991. The UN’s response proved to be a unique peacekeeping operation because it was [basically] taking the side of the Iraqi Kurds and the allies against Iraq. This situation patently contrasted with the criterion of impartiality [of] previous peacekeeping operations. For the first time, the UN had declared in Security Council 688 of 5 April
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1991 that “the repression of the Iraqi civilian population, including most recently, Kurdish populated areas,” could “threaten international peace and security.” In other words, the Council was saying that circumstances may arise in which extraordinary humanitarian needs would compel the world organization to intervene in the internal affairs of a sovereign state under the collective security provisions of UN Charter Chapter VII (italics added). If so, this was certainly a precedent-setting declaration. . . . Previously, what a state did to its own minorities was of little or no concern to outsiders. [However,] the Kurdish peacekeeping operation was not only . . . ad hoc, but clearly secondary to and, in effect, part of the Allies’ political and military operations operations against Iraq both before and after the Gulf War. Nevertheless, the Secretary General noted: A number of precedents were established . . . : the decision to aid the direct return of refugees to their homelands in a system of “blue routes,” thereby avoiding the need to construct and administer refugee camps; the creation . . . of a United Nations guards contingent to protect United Nations personnel and property, to provide an element of security and stability and to serve as “moral witness” in the humanitarian sphere; and the development of a system whereby a country with sufficient resources could assume responsibility for the care of the vulnerable groups within its borders. (pp. 106–108)
The essay is comprised of the following sections: Origins, Safe Havens, The UN Begins to Move, Implementation, Finances, and Conclusions. 1033. Hamburg, David A. (2002). No More Killing Fields: Preventing Deadly Conflict. Lanham, MD: Rowman & Littlefield Publishers. 365 pp. Hamburg, president emeritus of the Carnegie Corporation of New York and former Professor of Medicine at Stanford and Harvard, argues that the prevention of violent civil conflict is built on key pillars, including democratic governance, economic development, and nonviolent problem solving in dangerous situations. The book is comprised of the following: 1. “Growing Up in a Time of Violence: Multiple Perspectives on Prevention”; 2. “The Origins of World War II and the Holocaust: Powerful Stimuli for Prevention”; 3. “Governments and Intergovernmental Organizations: Paralyzed Giants or Serious Players?”; 4. “Institutions of Civil Society: Partners for Peace”; 5. “Preventive Diplomacy: Early Help with Empathy and Problem Solving”; 6. “Democracy and Prevention: The Essence of Nonviolent Conflict Resolution”; 7. “Toward Competent, Decent, and Prosperous States: Updating Socioeconomic Development”; 8. “International Cooperation for Prevention: Emerging from the Shadows”; 9. “Preventing Catastrophic Terrorism: International Cooperation, Weapons of Mass Destruction, and Democratic Development”; 10. “Prognosis for Prevention: Promising Developments in the First Two
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Years of the Twenty-First Century”; Epilogue: “A Landmark Report on Fulfillment of the UN’s Potential for Prevention”; Appendix I: “Carnegie Commission on Preventing Deadly Conflict Publications”; and Appendix 2: “Additional Valuable Sources of Information and Concepts Pertinent to Preventing Deadly Conflict.” 1034. Hampson, Fen Osler (2002). “Preventive Diplomacy at the United Nations and Beyond,” pp. 139–157. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. In this chapter, Hampson, professor of international affairs at the Norman Paterson School of International Affairs at Carleton University (Canada), provides an overview of some of the key scholarly and policy literature that was published in the 1990s on preventive diplomacy. Hampson notes that the chapter also “identifies some of the key fault lines in the debate over the definition [of preventive diplomacy], the range of techniques available, and the utility/feasibility of preventive diplomacy. The possibilities for strengthening the role of the United Nations in preventive diplomacy are also considered, including various recommendations for institutional reform and operational effectiveness that are offered in the literature.” (p. 139) 1035. Hampson, Fen Osler, and Malone, David M. (Eds.) (2002). From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. 430 pp. This book (edited by Hampson, professor of international affairs at the Norman Paterson School of International Affairs, Carleton University (Canada); and Malone, president of the International Peace Academy) is comprised of the following: chapter 1. “Introduction: Making Conflict Prevention a Priority” by Fen Osler Hampson, Karin Wermester, and David M. Malone; Part 1: The Dynamics of War (chapter 2. “Diagnosing Conflict: What Do We Know?” by Anne-Marie Gardner; chapter 3. “Containing Internal War in the Twenty-First Century” by Ted Robert Gurr; chapter 4. “Measuring the Societal Impact of War” by Monty G. Marshall; chapter 5. “Horizontal Inequalities as a Source of Conflict” by Frances Stewart); Part 2: Conflict Prevention: The State of the Art (chapter 6. “Preventive Diplomacy at the United Nations and Beyond” by Fen Osler Hampson; chapter 7. “From Lessons to Action” by Michael S. Lund; chapter 8. “Planning Preventive Action: Context, Strategy, and Implementation” by John G. Cockell; chapter 9. “Reassessing Recent Conflicts: Direct vs. Structural Prevention” by Peter Wallensteen; chapter 10. “Deconstructing Prevention: A Systems Approach to Mitigating Violent Conflict” by Tobi P. Dress and Gay Rosenblum-Kumar; chapter 11. “Prevention: Theory and Practice” by Edward C. Luck); Part
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3: Comparative Advantages: Practitioner Perspectives Beyond the United Nations (chapter 12. “The Role of Research and Policy Analysis” by Maureen O’Neil and Necla Tschirgi; chapter 13. “Development and Conflict: New Approaches in the United Kingdom” by Mukesh Kapila and Karin Wermester; chapter 14. “Addressing Conflict: Emerging Policy at the World Bank” by Patricia Cleves, Nat Colletta, and Nicholas Sambanis; chapter 15. “Electoral Assistance and Democratization” by Bengt Säve-Söderbergh and Izumi Nakamitsu Lennartsson); and Part 4: Conclusion (chapter 16. “Preventive Action at the United Nations: From Promise to Practice?” by Chandra Lekha Sriram and Karin Wermester). 1036. Hampson, Fen Osler, and Malone, David M. (2002). “Improving the UN’s Capacity for Conflict Prevention.” International Peacekeeping, Spring, 9 (1):77–98. In this article, Hamson and Malone focus on the research findings most pertinent to the United Nation’s role in conflict prevention and the kinds of intervention measures it can adopt to strengthen its role and capacities for conflict prevention. Furthermore, they argue that “the wider family of agencies in the UN system, especially the agencies and programmes with a development remit, need to be engaged” (p. 77). The article is comprised of the following sections and subsections: The Nature of Conflict Prevention (Conflict Causes and Conflict Prevention, Combining Incentives and Disincentives for Peace, The UN System’s Comparative Advantage in Addressing the Causes of Conflict, The Scope of Conflict Prevention Capacity at the UN, Implementing Conflict Prevention within the UN and Beyond, From Early Warning to Early Action, Directions for the Future); and Conclusions: Limits and Opportunities. 1037. Harff, Barbara (1993). “An Early Warning System is Needed.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:3–5, 12. As part of a special meeting (“A Forum on Prevention of Genocide and Mass Killing”) organized by the New York City-based Institute for the Study of Genocide, and in response to two questions (“What should be the preconditions for creating and recognizing new states and retracting (or suspending) recognition? and “What other solutions would you recommend to rectify the past discrimination of regional or dispersed minorities who have experienced denial of civil and political rights?”) posited to the panelists, Harff (professor of Political Science at the U.S. Naval Academy) addresses the following issues, among others: the human rights/aid linkage, international monitoring and protection, humanitarian intervention, role of the UN, and the need for the development of an effective early warning system.
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Harff concludes this piece by delineating and briefly discussing the various actions that the international community could take to address situations that threaten the human rights and lives of large numbers of people. 1038. Hüfner, Klaus (Ed.) (1995). Agenda for Change: New Tasks for the United Nations. Leverkusen: Lerke, and Budrich. 312 pp. This collection of essays resulted from the “New Tasks for the United Nations” project organized by the International Institute for Peace (1993-1994). The book is divided into three sections: “Retrospect and Prospect,” “The Security Council,” and “Economic and Social Changes.” “The Report of the Independent Working Group on the Future of the United Nations” is appended to the end of the book. The major focus of this collection of essays is on the various changes needed within the United Nations to make it more efficient and just—and how best to bring them about without wholesale alteration of the UN Charter. Most of the authors are extremely pessimistic concerning the possibility that the major powers will agree to, let alone implement, the suggested changes made herein. Many argue that the concept of an inviolate state sovereignty is insurmountable. One author, Bertrand, wisely suggests that merely making changes in the system is inadequate, and that an entirely new approach is needed—one that confronts and deals with the realities of the present. 1039. Independent International Commission on Kosovo (2000). Kosovo Report: Conflict, International Response, Lessons Learned. New York: Oxford University Press. 372 pp. This report attempts to answer a number of key questions, such as why the international community was unable to act early on in order to prevent the escalation of the conflict in Kosovo. It also examines the capacity of the United Nations to act as global peacekeeper. In the introduction, it is stated that The Commission came to two main conclusions. One was that NATO intervention in Kosovo was illegal but legitimate. It was illegal, because it did not receive prior approval from the United Nations Security Council. It was legitimate because while egregious human rights violations were taking place, all diplomatic avenues had been exhausted. And thus, Kosovo was liberated as a consequence of the intervention, and the oppression of Kosovar Albanians was ended, and all those who had been expelled by Yugoslav forces during the war were able to return to their homes. The other conclusion was that Kosovo should be given the status of “conditional independence.” This means a self-governing Kosovo, outside the Federal Republic of Yugoslavia (FRY), but within a specific international framework in which the international com-
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munity retains responsibility for the security of borders and for overseeing the protection of minorities.” (pp. 9–10)
The book is comprised of three parts and ten chapters: Part I: What Happened? 1. “The Origins of the Kosovo Crisis”; 2. “Internal Armed Conflict: February 1998–March 1999”; 3. “International War Supervenes: March 1999–June 1999”; 4. “Kosovo under United Nations Rule”; Part II: Analysis. 5. “The Diplomatic Dimension”; 6. “International Law and Humanitarian Intervention”; 7. “Humanitarian Organizations and the Role of Media”; 8. “Kosovo: The Regional Dimension”; 9. “The Future Status of Kosovo”; and Part III: Conclusion. 10. “Conclusion.” Included among the host of appendices are the following: Documentation of Human Right Violations; Kosovo—Facts and Figures; The Rambouillet Agreement—A Summary; The Ahtisaari-Chernomyrdin Agreement—A Summary; UN Resolutions 1244; The Commission’s Work; Literature on Kosovo and the Crisis; and Acronyms. 1040. The Independent Working Group on the Future of the United Nations (1995). The United Nations in Its Second Half Century. New York: Ford Foundation. 53 pp. In this report, the Independent Working Group (comprised of such distinguished figures as Richard von Weizsäcker , former president of the Federal Republic of Germany; Koji Kakizawa, former Foreign Minister of Japan; Xue Mouhong, former ambassador of China; Anthony Parsons, former permanent representative to the United Nations, United Kingdom; and Paul Kennedy, Yale University) discuss a host of issues germane to the UN’s role in regard to the prevention and intervention of genocide, including but not limited to: early warning and threat assessment, the need to clarify the concepts of UN military action, the need for the development of a UN rapid response capability, the imposition of sanctions, assisting states in distress, and improving global economic conditions. 1041. Institute on the Holocaust and Genocide (January-February 1985). “Special Double Issue on the Whitaker Report to the U.N.” Internet on the Holocaust and Genocide. No. 3–4, 14 pp. This special issue of the Institute on the Holocaust and Genocide’s newsletter, Internet, focuses on the contents and significance of the Whitaker Report, which constituted a major review of the status of the U.N. Convention on the Prevention and Punishment of Genocide. 1042. International Commission on Intervention and State Sovereignty (2001). “Prevention,” pp. 27–46. In The International Commission on Intervention and State Sovereignty’s The Responsibility to Protect: Research,
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Bibliography, Background: Supplementary Volume to the Report of the International Commission on Intervention and State Sovereignty. Ottawa, ON, Canada: International Development Research Centre. This highly informative section of one of the most detailed and significant reports of late vis-à-vis the issues of intervention and sovereignty addresses the following concerns in regard to the issue of prevention: Recent Developments, Scope of Conflict Prevention, Conflict Analysis, Early Warning, Operational Capacity, Strategy, Institutional Capacity, Political Will, Toward Effective Prevention. 1043. Jentleson, Bruce W. (2000). Coercive Prevention: Normative, Political, and Policy Dilemmas. Washington, D.C.: United States Institute of Peace. 3 pp. This report, by a professor Public Policy and Political Science at Duke University, is comprised of the following sections: 1. “Introduction: Coercive Prevention”; 2. “The Realism of Conflict Prevention”; 3. “Coercive Prevention: Argument and Evidence”; 4. “Normative Dilemma: Sovereignty as Rights versus Sovereignty as Responsibility”; 5. “The Dilemma of Political Will: How Fixed, How Malleable the Domestic Constraints?”; 6. “Policy Dilemmas: Constituting Credible Coercive Threats and Wielding Effective Preventive Force”; and 7. “Conclusion: Difficult, but Possible.” At the outset of this report, Jentleson makes this trenchant observation: For all that has been proclaimed about the importance of preventive diplomacy, the reality of international action falls far short. While the first decade of the post-Cold War era did have some preventive successes, it was more marked (or marred) by missed opportunities. Even in such “success” cases as Kosovo [1999] and East Timor [1999], whatever may have been achieved was achieved only after mass killings, only after scores of villages were ravaged, only after hundreds of thousands were left as refugees. Yes, these conflicts were stopped from getting worse—but they were already humanitarian tragedies.” (p. 5)
Jentleson goes on to assert that One of the key lessons of the first decade of the post-Cold War era is that while coercion is rarely sufficient for prevention, it often is necessary. To make this argument requires working through three fundamental dilemmas: a normative one concerning the legitimacy of coercive prevention with regard to classical conceptions of state sovereignty; a political one of whether domestic constraints can be sufficiently overcome so as to mobilize the necessary political will; and a policy one of devising strategies for constituting credible coercive threats and wielding military force preventively but effectively. Unless these core dilemmas can be mitigated, coercive prevention will continue to lack the normative, political, and policy bases it needs—and at best we will continue to do too little too late to prevent ethnic wars and other deadly ‘conflict’.” (p. 5)
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1044. Jentleson, Bruce W. (Ed.) (2000). Opportunities Missed, Opportunities Seized: Preventive Diplomacy in the Post-Cold War World. Lanham, MD: Rowman and Littlefield. 431 pp. The collective authors in this volume weigh the value and likelihood of success in using preventive diplomacy to effectively address conflict by focusing on ten highly complex post -cold war cases. The book is comprised of the following parts and chapters: Part One: Overview (chapter 1: “Preventive Diplomacy: A Conceptual and Analytical Framework”; chapter 2: “The Warning-Response Problem and Missed Opportunities in Preventing Diplomacy”); Part Two: The Dissolution of the Soviet Union (chapter 3: “The War in Chechnya: Opportunities Missed, Lessons to Be Learned”; chapter 4: “The International Community and the Conflict over Nagorno-Karabakh”; chapter 5: “Preventive Diplomacy: Success in the Baltics”; chapter 6: “Preventive Diplomacy for Nuclear Nonproliferation in the Former Soviet Union”); Part Three: The Breakup of Yugoslavia (chapter 7: “Costly Disinterest: Missed Opportunities for Preventive Diplomacy in Croatia and Bosnia and Herzegovina, 1985–1991”; chapter 8: “Preventive Diplomacy for Macedonia, 1992–1999: From Containment to Nation Building”); Part Four: Ethnic Conflicts in Africa (chapter 9: “Somalia: Misread Crises and Missed Opportunities”; chapter 10: “Preventive Diplomacy in Rwanda: Failure to Act or Failure of Actions?”; chapter 11: “Prevention Gained and Prevention Lost: Collapse, Competition, and Coup in Congo”); Part Five: Rogue State Aggression (chapter 12: “Opportunity Seized: Preventive Diplomacy in Korea”; and Part Six: Conclusions (chapter 13: “Preventive Diplomacy: Analytical Conclusions and Policy Lessons”). 1045. Khan, Prince Sadruddin Aga (1981). Study on Human Rights and Massive Exoduses. United Nations, E/CN.4/1503. In addition to focusing on massive exoduses of refugees (which can be a result of genocidal assaults and which, in turn, would constitute an early warning signal), Kahn recommends the establishment of an early warning system and the appointment of a Special Representative for Humanitarian Questions. 1046. Kolodziej, Edward A. (2000). “The Great Powers and Genocide: Lessons from Rwanda.” Pacifica Review, 12(2):121–145. This article is comprised of three main sections: 1. A summary of the “prevailing, if circumscribed, moral and legal consensus against genocide—accompanied with three lines of argument to broaden the foundation of this consensus” (p. 120); 2. An examination of the Rwandan genocide and an
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identification of the main political and strategic constraints that were at play in the failure of the United Nations and the most powerful states, both in the past as well as in the present, to adequately address the matter of genocide; and 3. A proposal that suggests how the UN’s capacity could be strengthened in order to create an effective anti-genocide regime. While agreeing with some that there is little likelihood that a rapid action force under the auspices of the United Nations will come to fruition any time in the near future, Kolodziej delineates how an anti-genocide regime could be strengthened through a variety of proposals: “(1) strengthening UN intelligence capabilities; (2) enhancing the UN’s capacity for local political risk analysis; (3) clarifying the criteria for applicable responses under Chapter VI and VII of the UN Charter; (4) creating a military staff committee; (5) strengthening the earmarking of military forces from national contingents for Chapter VI and VII security operations; and (6) developing closer liaison and joint planning operations between the United Nations and regional security organizations and their member states” (139). Kolodziej discusses each component in a fair amount of detail. 1047. Kuper, Leo (1985). “Illusion and Reality,” n.p. In B.G. Ramcharan (Ed.) The Right to Life in International Law. Dordrecht: Martin Nijhoff. In this chapter, Leo Kuper, who has often been referred to as the doyen of genocide studies, examines the distance between the United Nations stated commitment to prevent genocide and war and the reality of its efforts to do so. 1048. Kuper, Leo (1984). “The United Nations and Genocide: A Program of Action,” pp. 296–305. In Israel W. Charny (Ed.) Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press. Kuper concludes by discussing a wide range of strategies for “activating an ‘international alert’ against impending genocides” (p. 303), which would include “activating different organs of the United Nations and related organizations” (p. 303). 1049. Langille, H. Peter (2000). “Conflict Prevention: Options for Rapid Deployment and UN Standing Forces,” 219–253. In Tom Woodhouse and Oliver Ramsbotham (Eds.) Peacekeeping and Conflict Resolution. London and Portland, OR: Frank Cass Publishers. In this essay, Langille, professor of foreign policy and international conflict prevention and management at the University of Western Ontario, addresses the following issues: the background regarding the establishment of a UN rapid reaction force; various national studies (e.g., from the Netherlands,
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Canada, Denmark) vis-à-vis the possibility of creating a rapid reaction force; corresponding developments in the field; the UN Department for PeaceKeeping Operations and the UN Secretariat; the United Nations Standby Arrangement System (UNSAS); the United Nations Rapidly Deployable Mission Headquarters (RDMHQ); and the Multinational Standby Forces High Readiness Brigade (SHIRBRIG). 1050. Last, David (2003). “Early Warning and Prevention of Violent Conflict: The Role of Multifunctional Observer Missions,” pp. 157–181. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations Press. In the introduction, Last, a major in the Canadian Armed Forces, notes that This chapter begins with a look at the sort of information that is needed if prevention is to have a chance. The limitations and strengths of traditional [both UN and civilian] fact-finding and observation missions suggest expanding the concept of observer missions to include political, social, economic, and psychological dimensions of the conflict. By collecting the right sort of information and interpreting it accurately, we might link resulting knowledge of potential violence directly to the international community’s ability and will to respond to it. Even after the violence starts, prevention efforts continue. Giving observer missions a voice through liaison and public affairs resources can help them to spur appropriate regional and international responses, whatever stage the conflict has reached. (pp. 157–158)
The chapter is comprised of the following sections: Information for Early Warning; Fact-Finding and Military Observers; How Can Early Warning and Prevention Work?; Collecting Information (Political and Social Information, Economic Information, Information About the Media, Military Information); Establishing a Multifunctional Mission; and From Information to Action. 1051. Lavoyer, Jean-Philippe (1998). “International Humanitarian Law, Protected Zones, and the Use of Force,” pp. 262–279. In Wolfgang Biermann and Martin Vadset (Eds.) UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia—Peacekeepers’ Views on the Limits and Possibilities of the United Nations in a Civil War-like Conflict. Aldershot, England: Ashgate. In his introduction, Lavoyer, a legal adviser at the International Committee of the Red Cross, writes: Appalled by the horrors of recent conflicts, the international community is wondering what can be done to curb violence and secure respect for international law. Many proposals to that effect have been made in the last few years
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and several practical measures have been taken. A new vocabulary has come into being as a result of attempts to safeguard civilian populations by bringing them under a special regime of special protection. Phrases such as “security zones,” “safe zones,” “safe havens,” safe areas,” “safety zones,” “neutralized zones” and “protected areas” have been coined. In this debate on an extremely complex issue it may be noted that these expressions have been used in very different ways and that the same term is sometimes used to convey very different notions. The purpose of this short study is to dissipate the present confusion, clarify the concepts involved, outline their main features and offer some pointers for the future. It will start by briefly describing the protected zones provided for in international humanitarian law in the former Yugoslavia. It will examine the protected zones established there both under humanitarian law and by the [UN] Security Council. The latter, as will be seen, followed a logic of quite a different kind. (p. 262)
The chapter is comprised of the following sections and subsections: Protected Zones Under International Humanitarian Law (The Geneva Convention of 1949, The Additional Protocols of 1977, Protected Zones in Practice); The Conflict in the Former Yugoslavia (Protected Zones Set Up Under International Humanitarian Law); The Osijek Protected Zone (Successes and Failures); Inconsistent Decisions by the UN Security Council (An International Committee of the Red Cross Initiative); and Concluding Remarks. 1052. Lehmann, Ingrid A. (1999). Peacekeeping and Public Information: Caught in the Crossfire. Portland, OR and London: Frank Cass Publishers. 175 pp. At the outset of this book, Lehmann, a United Nations official with over two decades of experience in peacekeeping and public information, comments that It is a central tenet of this book that effective communication has become a sine qua non for intergovernmental organizations and their field operations, albeit one not yet fully recognized by the politicians, diplomats and their senior managers. At a time when revolutionary developments in information technology had left their imprint on the way the war in the Persian Gulf was perceived by worldwide television audiences, inter-governmental organizations, foremost the United Nations, continued to disseminate brochures and films by diplomatic pouch, following time-consuming translation into the “official languages.” Daily press releases were still often sent by fax, and electronic mail was introduced only slowly in the late 1990s. There were, as many analysts and critics of the UN have maintained, frequent time delays in information received by the staff in the field. There were as well communication disconnects between the political decisionmakers in the Security Council and the Secretariat, and those attempting to carry out the mandates in the theatre of operations.
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Largely unbidden, and as often unrecognized, communications have become a strategic command and management function. While this has been recognized by corporations and by most governments—it has continued to be undervalued and, in some instances, actively discouraged as a legitimate activity of the United Nations Secretariat. . . . This book examines how, when, and under what conditions effective communication strategies and information programmes were implemented by the United Nations civilian and military managers of peacekeeping operations, at the operational and tactical levels. It also portrays the consequences of the absence of effective information programmes at the strategic level. (pp. 11–12)
Peacekeeping and Public Information is comprised of the following eight chapters: 1. “Towards a Theory of Political Communication for International Organizations”; 2. “Public Information Management in UN Peacekeeping”; 3. “The Information Programme of UNTAG in Namibia, 1989–90”; 4. “The Information and Education Programmes of UNTAC in Cambodia, 1992–93”; 5. “The Failure to Communicate: UNAMIR in Rwanda, 1994–95”; 6. “The Information Campaigns of UNMIH in Haiti, 1994–1996”; 7. “Peacekeeping in a Propagandist Environment: From UNPROFOR to UNTAES and the Former Yugoslavia,” and 8. “Comparisons and Conclusions.” 1053. Leitenberg, Milton (1994). “U.S. and UN Actions Escalate Genocide and Increase Costs in Rwanda,” pp. 33–42. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. In this hard-hitting article, Leitenberg delineates how both the United States (as well as other nations) and the UN either ignored and/or refused to step in to prevent genocide from being perpetrated in Rwanda in 1994. In doing so, he talks about the western “hands-off” reaction, and the UN’s inaction and late response to the mass killing. In his conclusion, he asserts that “Had a peacekeeping mission been deployed, many or most of those killed might have been saved, and a massive refugee exodus possibly averted” (p. 42). 1054. Luck, Edward C. (2002). “Prevention: Theory and Practice,” pp. 251–271. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. The sections that comprise this chapter are as follows: Charter Roots and Growing Ambitions, The Dilemma of Comprehensiveness, Failing the Power Test, Institutional Impediments, and Policy Directions. 1055. Lund, Michael S. (2002). “From Lessons to Action,” pp. 159–183. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers.
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Lund, senior associate at the Center for Strategic and International Studies and professorial lecturer in Conflict Management at the Johns Hopkins University School of Advanced International Studies, discusses the current state of conflict prevention. In his introduction, Lund asserts that As things now stand, the field of violent conflict prevention must continue to deal with certain basic questions or sets of concerns in order to advance further. These are: 1. Causation: what are the various underlying and immediate sources of violent, destructive conflicts, and what warning signs indicate its emergence?; 2. Political will: how can concerned people obtain sufficient political support and resources from publics, governments, and bureaucracies to undertake timely and effective preventive action; 3. Effectiveness: what methods of preventive action actually work in various contexts; and 4. Institutionalization: how can procedure and policies for anticipating and responding to possible conflicts be operationalized in the regular functioning of international governmental organizations and NGOs, and how can separate actions be undertaken in a more concerted way? (p. 162) The headings of the various sections of this essay provide a solid sense of what Lund addresses herein: Contemporary Conflicts: The Liberal Solution as Problem; Lack of Will, or Lack of the Way?; Prevention Accountability and Effectiveness; Levels of Preventive Action in the International System; Major Levels of Preventive Action for Lesson-Learning; Lessons from Country-Level Multi-Instrument Engagements; Institutionalizing Conflict Prevention: Linking Lessons to Standard Operating Procedures; Incorporating the Lessons in Country-Level Strategies; and Organizing Concerted Strategies: Joint In-Country Planning and Implementation. 1056. Lund, Michael (2004). “Operationalizing the Lessons from Recent Experience in Field-Level Conflict Prevention Strategies,” pp. 120–140. In Andreas Wimmer, Richard J. Goldstone, Donald L. Horowitz, Ulrike Joras, and Conrad Schetter (Eds.) Facing Ethnic Conflicts: Toward a New Realism. Lanham, MD: Rowman & Littlefield Publishers. In this chapter, Lund, addresses the following issues: the state of the art of conflict prevention; contemporary conflicts and how the liberal solution constitutes a problem; whether the neglect in addressing violent conflicts, including genocide, is due to a lack of will or “lack of the way”; conflict prevention effectiveness (e.g., the multiple levels of preventive action in the international system, and lessons from country-level multi-instrumental
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engagements); and linking lessons learned to standard operating procedures. 1057. Lund, Michael S. (1996). Preventing Violent Conflicts: A Strategy for Preventive Diplomacy. Washington, D.C.: Institute of Peace Press. 220 pp. Herein, the author defines early warning and preventive diplomacy; reviews numerous preventive efforts conducted in the 1990s, discusses which methods work, and why; and suggests how multilateral and national entities (especially the U.S. government) can overcome operational challenges to effective preventive action. The book concludes by sketching the outlines of a more systematic, global preventive regime, one that draws on the strengths of individual states, the United Nations, regional organizations, and NGOs. 1058. Malone, David M. (Ed.) (2004).The U.N. Security Council: From the Cold War to the 21st Century. Boulder, CO: Lynne Rienner Publishers. 746 pp. Focusing on the evolution of the UN Security Council’s treatment of key issues, the authors of this edited book discuss new concerns that they believe must be accommodated in the decision-making process, the challenges of enforcement, and shifting personal and institutional factors. Case studies complement the thematic chapters. The book focuses on the central events and trends of the 1990s and early 2000s and their critical importance for the future role of the UN Security Council and the UN in the sphere of international security. Among the chapters dealing with the UN and prevention herein are: “The Humanitarian Impulse” by Thomas Weiss; “Conflict Prevention” by E. M. Cousens; “Reforming Sanctions” by David Cortright and George Lopez; “Council Working Methods” by S. Hulton; “Permanent and Elected Council Members” by K. Mahbubani; “The UN Secretary-General” by M. Goulding; “Pressure for Security Council Reform” by B. Fassbender; “The U.S. in the Security Council: A Faustian Bargain?” by F. Rawski and N. Miller; “Working with NGOs” by J. A. Paul; “Bosnia” by M. Berdal; “Rwanda” by Howard Adelman and A. Suhrke; “Rwanda: An Insider’s Account” by C. Keating; “Rwanda: An African Perspective” by I. A. Gambari; “Kosovo” by P. Heinbecker; “East Timor” by S. Eldon; “East Timor: A Field Perspective” by Ian Martin; “The Security Council and International Law” by Steven Ratner; and “The Security Council in the Twenty-first Century” by C. R. Hume. 1059.
Maogoto, Jackson Nyamuya (2004). War Crimes and Realpolitik: International Justice from World War I to the 21st Century. Boulder, CO: Lynne Rienner. 267 pp.
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Two chapters in this book address the international community’s reaction to the conflicts and eventual genocides in the former Yugoslavia and Rwanda: “Crisis in the Balkans: Raising the Nuremberg Precedent” and “Rwanda: Portrait of a Reluctant International Community.” 1060. Martin, Ian (2001). Self-Determination in East Timor: The United Nations, the Ballot, and International Intervention. Boulder, CO: Lynne Rienner Publishers. 169 pp. Martin, special representative of the UN Secretary-General for the East Timor Popular Consultation and Head of UNAMET, provides an insider account that traces events in East Timor, from the negotiations that led to the May 1999 agreement among Indonesia, Portugal, and the United Nations to the mandating of international intervention to check the violence that wracked the country following the elections. Martin describes how political change in Indonesia coupled with the UN’s efforts and pressures from Australia and elsewhere led President Habibie to offer the East Timorese a choice between autonomy within Indonesia and full independence. Martin’s discussion of what followed—the activities of the UN Mission (UNAMET) established to implement the ballot in the face of violent efforts to coerce the East Timorese to reject independence; the election itself, with a historic 98.6 percent turnout and a 78.5 percent vote for independence; and the ensuing killing, destruction, and forced displacement—includes an analysis of the negotiations that led to the Indonesian government’s less than easy acceptance of intervention. Martin considers whether the UN was wise to proceed as it did despite Indonesia’s refusal to cede responsibility for security during this period and also places the experience in East Timor in the context of the wider debate over peacekeeping and international intervention. The book is comprised of the following chapters: “Introduction”; 2. “The 5 May Agreements”; 3. “Launching UNAMET”; 4. “Preparing the Ballot”; 5. “Reconciliation and the Laying Down of Arms”; 6. “Looking Ahead”; 7. “Ballot and Revenge”; 8. “International Intervention”; and 9. “Conclusion.” 1061. Melvern, Linda (2004).Conspiracy to Murder: The Rwanda Genocide. New York: Verso. 358 pp. This book has been called “a damning indictment of almost all the key figures and the institutions involved,” in one way or another, with the 1994 Rwandan genocide. In part, Melvern discusses what exactly—and to what a great extent—UN Secretary-General Boutros Boutros-Ghali knew prior to the genocide and why the UN Security Council decided to pull the peacekeepers from Rwanda.
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1062. Melvern, Linda R. (2004). “The Security Council: Behind the Scenes in the Rwanda Genocide,” pp. 260–263. In Adam Jones (Ed.) Genocide: War Crimes and the West: History and Complicity. New York: Zed Books. This is a hard-hitting article that rightly lambastes the UN Security Council for its lax, not to mention unconscionable, reaction to the events in Rwanda that eventuated in the 1994 genocide. 1063. Mendlovitz, Saul, and Fousek, John (1996). “The Prevention and Punishment of the Crime of Genocide,” pp. 137–151. In Charles B. Strozier and Michael Flynn (Eds.) Genocide, War, and Human Survival. Lanham, MD: Rowman & Littlefield Publishers, Inc. Mendlovitz, Dag Hammarskjold Professor of Peace and World Order Studies at Rutgers University, and Fousek, senior program associate of the World Orders Model Project, argue in favor of “the creation of a standing police force to deal exclusively with the crime of genocide” (p. 137). Calling for the establishment of a UN Genocide Police Force, they discuss the following concerns: issues of jurisdiction; making the decision to intervene; functions of the genocide police force (1. “stop the genocidal behavior”; 2. “implement assertive safe havens”; 3. “arrange for the presence of humanitarian relief agencies”; 4. “initiate processes of humane governance”; and 5. “apprehend alleged criminals, complying with appropriate legal procedure and assist in gathering evidence for prosecution”); the structure of the genocide police force (including, size, location, decision-making control, and financing); and political obstacles. In their conclusion, the authors make the following observations: With the tragic events of recent years in Somalia, the former Yugoslavia, and most recently, Rwanda and Burundi, the world today is forced to confront its failure to prevent genocidal episodes all too reminiscent of Nazi horrors. For a host of reasons, intervention by individual powers or by ad hoc coalitions of nation-states, whether formed regionally or under U.N. auspices, has not provided a workable solution. Diplomacy and sanctions, of course, must always be employed fully before force is deployed. But in too many instances since 1948, they too have failed to provide effective enforcement for the Genocide Convention adopted that year. In the case of genocide, as in heinous crimes committed within nation-states, effective law enforcement requires effective police operations. We believe the time has come for the world community to confront this fact, and deal with the crime of genocide by establishing a special transnational police force, under the United Nations, dedicated to preventing, halting and punishing this singularly grave and egregious offense. (p. 148)
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1064. Nafziger, E. Wayne, and Väyrynen, Raimo (Eds.) (2002). The Prevention of Humanitarian Emergencies. New York: Palgrave. 322 pp. This collection of essays addresses a host of issues related to preventing humanitarian emergencies. More specifically, the contributors provide an analysis and an inventory of instruments for donors, international agencies and developing countries to prevent humanitarian emergencies. The emphasis is on long-term development policies rather than mediation or reconstruction after the conflict ensues. Policies include democratization, reforming institutions, strengthening civil society, improving the state’s administrative capability, agrarian reform, accelerating economic growth through stabilization and adjustment, reducing inequalities, and redesigning aid to be more stable. Among the areas of conflict addressed are: Burundi, Bosnia, and Rwanda. This book is comprised of the following parts and chapters: 1. “The Political Economy of Preventing Humanitarian Emergencies—Asking the Questions” by E. Wayne Nafziger; Part I: International Economic Responses (2. “Macroeconomic Stabilization and Structural Adjustment” by Christopher Cramer and John Weeks; 3. “Global Linkages, Vulnerable Economies and the Outbreak of Conflict” by Valpy FitzGerald); Part II: Domestic Economic Responses (4. “State Legitimacy, Tax Reform, and the Provision of Basic Service” by John Toye; 5. “Agrarian Reform, Land Redistribution and SmallFarm Policy” by R. A. Berry; 6. “Protecting Environmental Resources and Preventing Land Degradation” by Gaim Kibreab); Part III. Governmental and non-Governmental Strategies (7. “Preventing Humanitarian Emergencies: Human Security and Strategic Action” by Raimo Väyrynen; 8. “Democratization and Institutional Reform” by Richard Sandbrook; 9. “Donor Governments” by Helge Hveem; 10. “Transnational Non-Governmental Organizations: The Edge of Innocence” by William E. DeMars; 11. “Multilateral Military Responses” by Thomas G. Weiss; 12. “Human Rights” by Andrew Clapham; 13. “The Geopolitics of Mercy: Humanitarianism in the Age of Globalization” by Antonio Donini; and “Conclusion: Lessons for Preventative Action” by Raimo Väyrynen). 1065. Peck, Connie (1998). Sustainable Peace: The Role of the UN and Regional Organizations in Preventing Conflict. Lanham, MD: Rowman & Littlefield Publishers. 296 pp. In this book, published as part of the Carnegie Commission on Preventing Deadly Conflict Series, Peck, coordinator of the Fellowship Program in Peacemaking and Preventive Diplomacy (co-sponsored by the United Nations Institute for Training and Research and the International Peace Academy) examines the concept of preventive diplomacy—the implementation
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of peacemaking methods prior to the outbreak of armed hostilities between disputing parties—and explores ways for strengthening regional capability to deal with conflicts. An innovation that Peck suggests and discusses along these lines is the creation of Regional Centers for Sustainable Peace—to be established under the auspices of either regional organizations or the United Nations. The purpose would be to bring together the UN, regional organizations, non-governmental organizations (NGOs), and regional analytical centers, in order to integrate the most successful conflict prevention instruments, drawing widely on international experience and expertise but ensuring that such bodies are tailored to local needs and circumstances. In his foreword, David A. Hamburg, co-chair of the Carnegie Commission on Preventing Deadly Conflict, notes that “This book seeks an integrative agenda for preventing deadly conflict by fostering a dynamic interplay between theory and practice. It delineates effective preventive diplomacy to keep disputes from turning into violent conflict and backs this up with a long-term approach to tackle the structural causes of conflict and the development of institutions to promote just solutions to underlying problems. It illuminates the fact that the most secure states are those which provide the greatest human security to their populations” (p. xiii). The book is comprised of the following parts and chapters: Part One: Contemporary Conflict and Sustainable Peace (1. “The Second Half of the Twentieth Century”; 2. “The Goal of Sustainable Peace”; 3. “Diagnosing Contemporary Conflict”; 4. “Finding Structural Solutions to Conflict”); Part Two: The Role of UN, Regional Organizations, and NGOs in Promoting Sustainable Peace (5. “The United Nations”; 6. “The Council of Europe”; 7. “The Organization for Security and Cooperation in Europe”; 8. “The Organization of American States”; 9.”The Organization of African Unity”; 10. “The Association of Southeast Asian Nations”; 11. “The Developing Role of Nongovernmental Organizations”); and Part Three: Organizing for Sustainable Peace (12. “Sharing Responsibility in Conflict Prevention”; 13. “Regional Centers for Sustainable Peace”; and 14. “The First Half of the Twenty-First Century: Promoting Good Governance Regionally and Internationally”). 1066. Railsback, Kathryn (1990). “A Genocide Convention Action Against the Khmer Rouge: Preventing a Resurgence of the Killing Fields.” Connecticut Journal of International Law, 5(2):457–481. An attorney based in Seattle, Washington, Railsback discusses the potential efficacy of “a Genocide Convention action against the Khmer Rouge” (p. 458). Part One discusses relevant Convention provisions, part two provides an overview of Khmer Rouge actions between 1975 and 1979 and discusses
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whether such actions constituted “genocide,” and part three examines how bringing the Khmer Rouge to trial under the provisions of the UN Genocide Convention might be propitious in preventing new outbreaks of genocide in both Cambodia and other parts of the world. 1067. Rikhye, Indar Jit (1992). Strengthening UN Peacekeeping: New Challenges and Proposals. Washington, D.C.: United States Institute of Peace. 48 pp. This report was written by a retired major general in the Indian Army who is also the former president of the International Peace Academy, which he founded in 1969. From the late 1950s through the early 1990s he worked in multilateral peacekeeping operations as a diplomat, soldier, and educator. He also served as a military adviser to UN Secretary-Generals Dag Hammarskjöld and U Thant, and in the early 1990s conducted special missions for the UN Secretary General in Rwanda and Burundi. Among the major recommendations the author makes herein vis-à-vis the UN Security Council as it applies to the need for the UN to remedy multifaceted weaknesses that have plagued past peacekeeping operations are as follows: • The Security Council should devise and implement a program for preventive diplomacy that includes a preventive peacekeeping element. The creation of a special stand-by force, available to the Security Council and the Secretary-General for rapid deployment, should be seriously considered. • In order to eliminate the ambiguities in peacekeeping mandates, the Secretary-General’s authority to determine the objectives of peacekeeping operations should be strengthened. The Security Council must provide a mandate (mission statement) that can be easily translated into precise operational instructions, as well as adequate, financial, human, administrative, and materiel resources. • The Security Council and the UN membership as a whole should give greater support for the Secretary-General to exercise effective overall management of peacekeeping operations through an integrated team able to provide political and military advice and administrative support (pp. 1–3). 1068. Roberts, Adam (1995). “Communal Conflict as a Challenge to International Organizations: The Case of Former Yugoslavia.” “Review of International Studies, 21(4):389–410. In his introduction, Roberts, Montague Burton Professor of International Relations at Oxford University, states that This short survey of communal conflict, in general, and the former Yugoslavia, in particular, focuses on the challenges posed to international organizations,
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mainly, the United Nations. It glances at the language that is used in connection with such conflict; outlines a few different national and intellectual perspectives; and draws attention to the special problems posed by the collapse of the communist federations of Yugoslavia and the Soviet Union. It then considers some of the U.N.’s techniques for addressing this type of conflict, and concludes with an examination of their strengths and weaknesses. (p. 390)
1069. Ruhashyankiko, Nicodeme (1978). Report to the U.N. Sub-Commission Prevention on Discrimination and Protection of Minorities. Study of the Question of the Prevention and Punishment of the Crime of Genocide. E/CN.4/Sub.2/416, 4, July 1978. 186 pp. This report constitutes [a] major study by the U.N. of its Convention on Genocide; the first such study since the original adoption of the Convention on Genocide in 1948. It proposed significant improvements in the Convention such as universal jurisdiction for prosecution of those who commit genocide. However, the report became widely known not for its significant contribution to the understanding of genocide and its possible prevention, but as a focus of cynical politicization in the U.N. After unceasing political efforts and threats, the Turks succeeded in having the report revised so as not to acknowledge the Armenian genocide, an action that Leo Kuper referred to as casting the Armenian genocide ‘down the memory hole’.’’ (Annotation by Israel W. Charny from his essay entitled “Intervention and Prevention of Genocide,” p. 36. In Genocide: A Critical Bibliographic Review. New York: Facts on File, 1988.)
1070. Rupesinghe, Kumar (1996). “Conflict Resolution: Current Options and New Mechanisms,” pp. 337–355. In Donald Clark and Robert Williamson (Eds.) Self Determination: International Perspectives. New York: St. Martin’s Press. The Secretary General of the London-based International Alert provides a succinct survey of existing mechanisms whose purpose is to prevent conflict from becoming violent. Among the mechanisms he discusses are the International Convenants, The Committee on Human Rights, The Declaration on Minority Rights, The Commission on Human Rights, The Special Committee on Decolonization, The Trustee Council, and The Conference on Security and Cooperation in Europe’s High Commission on National Minorities. He also highlights and discusses a proposal for reform within the United Nation’s System (An Agenda for Peace, which calls for the establishment of a Special Commissioner for Human Rights), and the strengthening of coordination within and between UN departments and organizations engaged in the policy and security elements of conflict prevention and those in the human rights, humanitarian and development fields. Finally, he explores the special role nongovernmental organizations (NGOs) could play in regard to the development of a global consortium, the development of consultative mechanisms, and the improvement of information flows).
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1071. Rupesinghe, Kumar with Sanam Naraghi Anderlini (1998). Civil Wars, Civil Peace: An Introduction to Conflict Resolution. London: Pluto Press. 179 pp. The authors present what they deem to be “a radical new approach” to conflict prevention, resolution, and diplomacy. In doing so, they provide an overview of conflict in the post-cold war world, covering such key topics as identifying and assessing early warnings of conflict, and the need to take early action; information gathering and analysis; and the need for preventive diplomacy. In particular, the role of nongovernmental organizations and other third party mediators in conflict resolution is considered. The book is comprised of the following five parts (select subtopics are highlighted herein that are most germane to the prevention of genocide): I. “Beyond the Cold War” (The Resurgence of Religion; Poverty, Expectations and Structural Adjustment; The Proliferation of Weapons and the Privatization of Security; A Step into the Past: The United Nations and the Prevention of War; Boutros Boutros-Ghali’s Agenda for Peace; The Cost of Failure); 2. “Characteristics of Internal Conflicts” (When Does a Conflict Turn into a War? From Social Grievances to Armed Conflict; Asymmetrical Power Relations; A Typology of Conflict; The Intractable Nature of Internal Conflicts); 3. “From Early Warning to Early Action” (The Continuum of Conflict; Sounding the Alarm—Devising a System for Early Warning; Information Gathering; Information Analysis; Responding Appropriately; Reasons for Failure—Lessons from Early Warning Systems; Generating Early Action; Taking Action; A Range of Options; Skeptics and Critics); 4. “The Diplomacy Continuum” (Pitched into a New Era—The UN’s Recent Developments; What Alternatives Exist?—Non State Actors; Basic Observations on Third Party Intervention; Burden-Sharing; Multi-Track Diplomacy; Third Party NGO Intervention—The Decision to Engage Complementary Initiatives Through Conflict Phases; Evaluations and Effectiveness); and 5. “Ending Warfare, Creating Accountabilityy.” 1072. Ryan, Stephen (1992). “The United Nations and the Resolution of Ethnic Conflict,” pp. 105–135. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. This chapter is comprised of the following sections: Introduction; The Processes of Ethnic Conflict Resolution (Peacekeeping and the United Nations, Peace-Making and the United Nations, Peace-Building and the United Nations, Conflict Avoidance and the UN Protection of Ethnic Minorities); and Conclusion. At the outset of his essay, Ryan discusses various points of view in regard to whether the United Nations is likely to play an active role in ethnic conflict
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resolution. Among those who doubt that the UN can play a positive role assert that “despite its name, [the UN] is an organization of states, and is primarily concerned with relations between these sovereign entities. Since many states feel threatened by ethnic sentiments held by groups of their population, they have, it is claimed, a vested interest in keeping ethnic issues off the UN agenda. . . . A further reason for doubting that the UN can play an effective role is that since many, but by no means all, ethnic conflicts are fought within the borders of a single sovereign state, they can be characterized as being within the domestic jurisdiction of the state concerned. [Many believe] this effectively inhibits UN involvement because of Article 2 (7) of the UN. Charter” (p. 108). Ryan goes on to state that “what is really interesting about the rule of the UN, however, given these limitations, is not how infrequently the organization has become involved in ethnic conflict but how much time the organization has in fact devoted to such issues” (p. 109). Ryan concludes by stating that “on the whole, the past record of the UN in responding to violent and protracted ethnic conflict is mixed. Where activities have been undertaken, they seem to have evolved in an ad hoc manner, and it is noteworthy that the UN Charter makes no mention of peace-keeping or peace-building activities, and does not mention ethnic groups” (p. 129). Though this essay is sorely dated (e.g., Ryan concludes by stating “No UN peacekeeping forces have been deployed to areas of severe ethnic conflict since . . . 1978,” (p. 132), it is still an essay worth reading. 1073. Schabas, William (1999). The Genocide Convention at Fifty. Washington, D.C.: United States Institute of Peace. 8 pp. This short report is the result of Schabas’ work on a U.S. Institute of Peace Fellowship Project, “The Law of Genocide,” in which he attempted to assess major issues that would confront the UN Genocide Convention in the twenty-first century. Schabas, a specialist in international law and genocide, discusses the following issues: the genesis of the Convention; that which constitutes genocide; whether “ethnic cleansing” is a form of genocide; criminal prosecution of genocide; and how the attempt to prevent genocide constitutes the greatest failure of the Convention. He concludes with a set of “Recommendations.” 1074. Scharf, Michael, and Dorosin, Joshua L. (1993). “Interpreting UN Sanctions: The Ruling and Role of the Yugoslavia Sanctions Committee.” Brooklyn Journal of International Law, XIX(3):771–827. Scharf, who served as the U.S. Department of State lawyer with responsibility for the drafting and interpretation of UN Security Council Resolutions
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concerning the Yugoslavia crisis, and Dorosin, who served as an extern in the office of the legal adviser in the U.S. Department of State where he served as a member of the State Department’s Serbia Sanctions Task Force, note the following at the outset of their article: Part I of this article provides, for the first time, a systematic analysis of over one hundred key rulings of the UN Yugoslavia Sanctions Committee, grouping them into categories for easy reference. It is hoped that this digest of important sanctions Committee rulings will aid the members of the Sanctions Committee in identifying and following precedents, aid governments in implementing the sanctions, and assist businesses (and their lawyers) in operating under them. This article does not, however, purport to be a comprehensive survey of all the Sanctions Committee’s cases, or even all of its important cases. Indeed, one of the main purposes of this piece is to demonstrate the need for such a comprehensive undertaking by the UN Secretariat. Rather, this article focuses on those Sanctions Committee cases that establish important precedents, significantly expand or contract the reach of the sanctions, or tell us something useful about the nature and operation of the Sanctions Committee. Drawing from this material, Part II of the article seeks to provide broader insights into the process of UN Security Council resolution implementation and suggests several possible changes to improve the way in which the Sanctions Committee operates. (pp. 773–774)
1075. Scheffer, David J. (1998). “U.N. Engagement in Ethnic Conflict,” pp. 147–177. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. Scheffer, U.S. ambassador at large for war crimes issues, notes that This chapter examines how the United Nations engages in ethnic conflicts. Conventional wisdom assumes that UN engagement is limited to often ineffective peacekeeping operations in strife-torn countries. In reality, however, peacekeeping is only one of a wide range of tools the United Nations employs to varying effect in its efforts to manage ethnic conflicts. The law and practice of the United Nations in this area have evolved at an accelerating pace during the 1990s. . . . [P]opulation growth, refugee flows, trade in conventional arms, the collapse of cold war discipline imposed by the superpowers, and the pursuit of power by local warlords for personal, nonideological gain have combined to create societies within which ethnic tensions—often already fueled by traditional interethnic bigotry—explode in ways that demand international attention. I have chosen to focus broadly on how the United Nations engages in ethnic conflicts, beginning in Part I with the goals of U.N. engagement. These goals include containment of ethnic conflicts, support for self-determination, promotion of democracy, and institution building. The legal basis for the pursuit of these goals, particularly by the Security Council, is examined in Part II. Central to this is the analysis of the legal authority for peaceful measures (primarily under Chapter VI of the U.N. Charter), the legal authority for coercive mea-
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sures (under Chapter VII or VIII of the Charter), and the legal authority for norm elaboration and quasi-judicial pronouncements (such as by the General Assembly or Economic and Social Council). Such legal authority has itself evolved in recent years to reveal the U.N. Charter as a living document that can be applied effectively, at least in theory and sometimes in practice, to contemporary challenges. Part III examines the means by which the United Nations seeks to implement its policy goals. In particular, [it] discusses seven modes of engagement in ethnic conflicts: hortatory actions, diplomatic intervention, sanctions, military and humanitarian interventions, implementation of peace agreements, and international judicial intervention. In the conclusion, this chapter will discuss both the strengths and weaknesses of U.N. approaches to ethnic conflicts. (p. 147)
1076. Schnabel, Albrecht (2002). “Post-Conflict Peacebuilding and Second-Generation Preventive Action.” Special Issue (“Recovering from Civil Conflict: Reconciliation, Peace and Development” edited by Edward Newman and Albrecht Schnabel) of International Peacekeeping, Summer, 9(2):7–30. In the abstract to this article, the following is stated: In response to the human suffering and regional instability caused by internal conflicts, the United Nations, regional and subregional organizations, as well as groups of concerned states, seem to be increasingly willing and able to launch interventions into states that cannot and will not provide for the security of all of their citizens, or that tolerate or instigate gross human rights violations. However, the jurisdiction and capacity of international organizations to prevent internal conflicts, successfully manage and end them once they have broken out, and prevent their re-emergence through sustainable post-conflict peacebuilding, are still weak. [This article] argues that peacebuilding is only sustainable if it embraces core principles of conflict prevention; that preventive action is more feasible (although more complex) in the post-conflict environment; and that lessons from post-conflict preventive action must inform and encourage pre-conflict prevention” (n.p.).
1077. Schnabel, Albrecht, and Carment, David (Eds.) (2004). Conflict Prevention from Rhetoric to Reality, Volume 1: Organizations and Institutions. Lanham, MD: Lexington Press. 456 pp. In Conflict Prevention from Rhetoric to Reality, Volume 1: Organizations and Institutions conflict prevention specialists from Asia, Africa, Europe, and the Americas, with professional experience in regional organizations, the UN, and various NGOs, and research organizations, argue as follows: As a concept as well as a policy, conflict prevention is moving beyond rhetorical commitments and symbolic, ad hoc, activities. Institutional, long-term efforts specifically targeted at the prevention of violent conflict have become more than just wishful thinking. Together with local actors, many governments,
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regional organizations and the UN are embracing preventive action as a viable path towards sustainable peace. The contributions to this volume trace conflict prevention efforts in various regional contexts and explain how preventive thinking is being successfully mainstreamed into the activities of regional organizations and the UN. They show that, while conflicts may not always be prevented, even in cases where reliable monitoring triggers effective early warning and preventive action, the likelihood of an outbreak of violent conflict can be greatly reduced by determined, systematic efforts to address the root causes of potential violence. (n.p.)
The book is comprised, in part, of the following chapters: “Mainstreaming Conflict Prevention: From Rhetoric to Reality” by Albrecht Schnabel and David Carment; “The Conflict Prevention Agenda in Central Asia” by Anara Tabyshalieva; “Status Quo Policy and Conflict Prevention in Central Asia” by Shahram Akbarzadeh and Rafis Abazov; “Conflict Prevention in South Asia” by Chetan Kumar; “Conflict Prevention in East Asia” by Medardo C. Abad, Jr.; “The OSCE as Primary Instrument of Conflict Prevention in Europe: Frameworks, Achievements, and Limitations of OSCE’s Preventive Action” by Monika Wohlfeld; “Conflict Prevention and Management in Africa” by Teferra Shiawl-Kidanekal; “Conflict Prevention: Responses by Subregional Organizations and Civil Society Organizations in Eastern Africa” by Njeri Karuru; “Conflict Prevention is Happening: Learning from ‘Successes’ as Well as ‘Failures’” by Michael S. Lund; “The Role of the Organization of American States in Conflict Prevention” by Yadira A. Soto; “Early and Late Warning by the UN Secretary-General of Threats to the Peace: Article 99 Revisited” by A. Walter Dorn; “UN Strategic and Operational Coordination: Mechanisms for Preventing and Managing Conflict” by Colleen Duggan; “Building UN Capacity in Early Warning and Prevention” by Charles Dufresne and Albrecht Schnabel; and “Conflict Prevention Mainstreaming: A Comparison of Multilateral Actors” by Annika Bjàrkdahl. 1078. Schnabel, Albrecht, and Thakur, Ramesh (2001). “From An Agenda for Peace to the Brahimi Report: Towards a New Era of UN Peace Operations?, pp. 238–255. In Ramesh Thakur and Albrecht Schnabel (Eds.) United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. Tokyo: United Nations University Press. This chapter’s focus is threefold. First, it succinctly discusses the failure of post-cold war peacekeeping efforts from the period of the 1992 An Agenda for Peace to the 2000 Brahimi Report on UN peace operations. Second, it discusses the lessons learned from post-cold war peacekeeping practices as outlined in the Brahimi Report, as well as the Brahimi recommendations for future peacekeeping operations. Third, it examines that which consti-
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tutes “effective conflict prevention and the implementation, if needed, of humanitarian enforcement operations in failing and failed states to protect basic rights and security needs of individuals” (p. 239). The chapter is comprised of the following components: Hopes Belied: Boutros-Ghali’s An Agenda for Peace and an Empowered United Nations; When There Is No Peace to Keep: The Shift Towards Peace Enforcement; The Brahimi Report on UN Peace Operations; Assessing the Brahimi Report: Regional Perspective and the Way Forward; The New Challenges: Principled Intervention and Effective Prevention; and Mainstreaming Conflict Prevention. 1079. Secretary-General’s High-Level Panel on Threats, Challenges, and Change (2004). A More Secure World: Our Shared Responsibility: Report of the Secretary-General’s High-Level Panel on Threats, Challenges, and Change. New York: United Nations Department of Public Information. 129 pp. Two sections of this report are germane to the issues of the prevention of genocide: Part 2. Collective Security and the Challenge of Prevention: IV. B. “The threat of internal conflict”; IV C. “Meeting the challenge of prevention”: (1. Better international regulatory frameworks and norms; 2. Better information and analysis; 3. Preventive diplomacy and mediation; and 4. Preventive deployment). 1080. Sokalski, Henryk J. (2003). An Ounce of Prevention: Macedonia and the UN Experience in Preventive Diplomacy. Washington, D.C.: United States Institute of Peace Press. 306 pp. Herein, Sokalski, former head of the United Nations Preventive Deployment Force (UNPREDEP) in the former Yugoslav republic of Macedonia, provides an insider’s examination of the UN’s “only attempt to establish a peacekeeping mission before an outbreak of hostilities—the threat of mass violence spilling in to Macedonia from the Balkan states during the mid to late 1990s.” The book is comprised of the following chapters: “A New Meaning for an Old Axiom”; 2. “The Balkan Rectangle”; 3. “From Autocracy to Democracy”; 4. “UNPREDEP at Work”; 5. “The Human Dimension”; and “Preserving a Heritage.” 1081. Sriram, Chandra Lekha, and Wermester, Karin (2002). “Preventive Action at the United Nations: From Promise to Practice,” pp. 381–398. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers.
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Herein, the authors discuss the following: the nature of conflict prevention; combining incentives and disincentives for peace; the comparative advantage of the UN in regard to addressing the causes of conflict; implementing prevention within the United Nations and beyond; and directions for new research. 1082. Stedman, Stephen Jay (1999). International Actors and Internal Conflicts. New York: Project on World Security, Rockefeller Brothers Fund. 31 pp. This report, by a senior research scholar at the Center for International Security and Cooperation at Stanford University, presents a survey of the recent literature on the role of international actors in international conflicts. In doing so, it addresses such issues and activities as conflict exacerbation, preventive action, mediation, peacekeeping and peace enforcement, the implementation of peace agreements, and structural mediation. He also examines the role of various international actors, including states, international organizations, regional organizations, and non-governmental organizations (NGOs). 1083. Steele, Jonathan (2002). “Nation Building in East Timor.” World Policy Journal, Summer, 19(2):76–108. This article, by a senior foreign correspondent with The Guardian (London) who spent a month in East Timor as a consultant to the United Nations Transitional Administration, is comprised of the following sections: A Destroyed Country; Patriating Power from New York to Dili; Justice Delayed; A Neglected Asset; Handcuffing U. N. Missions; A “Them” and “Us Culture; and The United Nations Can Do the Job. Steele concludes by stating that The United Nations can feel proud of its first effort at peace building with an all-inclusive mandate. UNTAET succeeded admirably in the primary part of its mission protecting East Timor from reprisals by the militias and providing an environment for most refugees, one third of the population, to come home. Working with the Timorese leadership, it created a sound foundation for a modern system of democratic government, at least at the central level. It began, if slowly, to prosecute some of those responsible for the 1999 repression. It kept the international community focused on East Timor, maintaining a reasonable flow of donor funding. Where there were problems, they arose from inadequacies in UNTAET’s internal management, insufficient attention to training Timorese, a tendency to highlight institution building too far above social and economic development, and the comparative neglect of the energy sector as the central platform for the country’s economy. The style of UNTAET’s operations and the insensitive behavior of many of its staff prompted justifiable complaints from local people.
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But the blemishes pale beside the overall record of success, and the United Nations can justifiably claim that, if it is given support by the Security Council’s member governments, it has the tools and the experience to take on other nation-building tasks in the future. (p. 86)
1084. Stremlau, John (1996). Sharpening International Sanctions: Toward a Stronger Role for the United Nations—A Report to the Carnegie Commission on Preventing Deadly Conflict. New York: Carnegie Corporation of New York. 78 pp. This report is comprised of five chapters: I. “Background”; 2. “Emerging International Trends That Affect Sanctions”; 3. “Sanctions Innovations of the 1990s” (including those implemented in Yugoslavia, Somalia, and Rwanda); “Secondary Effects of Sanction Regimes”; and 5. “Sharpening UN Sanctions Capabilities.” In the Executive Summary, Stremlau states the following: The end of the Cold War and successful multilateral cooperation during the Gulf War led to a surge of United Nations-mandated sanctions. The Security Council imposed sanctions only twice between 1945 and 1990 but eight times between 1990 and 1994. In the two cases before 1990, Rhodesia and South Africa, the UN imposed sanctions to protest the denial of human rights and the domestic abuse of power within states rather than to counter traditional threats or acts of interstate aggression, as envisioned by the founders of the UN. Since the imposition of sanctions against Iraq in 1990, the Security Council has expanded the range of problems for which Chapter VII mandatory sanctions are justified: the use of force in the former Yugoslavia . . . , and genocide in Rwanda. Sanctions generally serve three diplomatic functions. They send a signal of international concern to an offending state, seek to modify the unacceptable behavior of a state toward other states or against its own citizens, and warn of stronger actions to follow—including the use of force. The power to impose sanctions remains the exclusive domain of national governments. The UN or other multilateral bodies can only authorize, not enforce, such measures. Sanctions only reflect international norms, they do not create them. They can, however, significantly affect the credibility of international norms. Indeed, the more sanctions become a regular and effective instrument, the greater should be their deterrent value as a tool of conflict prevention in dealing with potential aggressors or oppressors. (p. i–iii)
1085. Sutterlin, James S. (1998). “Early Warning and Conflict Prevention: The Role of the United Nations,” pp. 121–129. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. In this short essay, Sutterlin, Distinguished Fellow in UN Studies and lecturer at Yale University, discusses the following issues regarding the role
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of the United Nations in early warning and conflict prevention work: the UN Charter Mandate; elements of early warning (information, analysis, the channel relationship between those submitting the early warning messages and those who have the power to take preventive action, the institutional division of labor, regional organizations); and conflict prevention (responsibility, prevention requests, and the division of labor). 1086. Talentino, Andrea Kathryn (2003). “Evaluating Success and Failure: Conflict Prevention in Cambodia and Bosnia,” pp. 70–87. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations University Press. In her introduction, Talentino, professor of Political Science at Tulane University, writes that “In this chapter I argue that prevention is a worthwhile objective even in the midst of ongoing protracted conflict, since history shows, all too well, that each war is rooted in the grievances of the past and carries the seeds of violence for the future. Conflict prevention thus contains a rehabilitative dimension oriented to the past, a resolutive dimension focusing on the present, and a preventive dimension oriented in the future” (p. 71). Basically, she examines four questions and their relationship to conflict prevention in Cambodia and Bosnia in the 1990s: 1. “Have the adversaries engaged in negotiations, truce talks, or any head-to-head meetings?”; 2. “Has an effort been made to reduce violence and prevent its re-escalation?”; 3. “Have conflict-generating structures been identified and is there a plan to alter conflict dynamics?”; and 4. “Has the salience of group identity been decreasing in the political and economic realms?” 1087. Teixeira, Pascal (2003). The Security Council at the Dawn of the Twenty-First Century: To What Extent Is It Willing and Able to Maintain International Peace and Security? Geneva, Switzerland: United Nations Institute for Disarmament Research. 125 pp. This booklet is comprised of the following chapters: “Introduction: The Charter in the Light of Reality and Experience”; 1. “New Threats, New Challenges” (which includes a section entitled ‘Failed States’ and Internal Conflicts); 2. “Between Democracy and Oligarchy”; 3. “A Patchwork World”; 4. “The Security Council and Regional Organizations”; 5. “Changing Instruments for Action” (which includes such sections as Prevention: Vital Yet Difficult; Sanctions: Making them An Effective Tool; Peacekeeping Operations: From Crisis to Reform; Post-Conflict Peace Building: Who Orchestrates It?; The International Criminal Tribunals; The Use of Force: A Necessary Instrument But for What Purpose?); and “Conclusion: The Security Council in the Era of Hegemony: Conditions for Relevance.”
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1088. Thakur, Ramesh, and Newman, Edwards (Eds.) (2000). New Millennium, New Perspectives: The United Nations, Security and Governance. Tokyo: United Nations University Press. 334 pp. A chapter in this book is entitled “The Security Council in the 1990s: Inconsistent, Improvisational, Indispensable,” which was written by David M. Malone. 1089. Totten, Samuel (2003). “To Deem or Not To Deem ‘It’ Genocide: A Double-Edged Sword,” pp. 41–55. In Robert S. Frey (Ed.) The Genocidal Temptation: Auschwitz, Hiroshima, Rwanda, and Beyond. Lanham, MD: University Press of America. In addition to discussing how the media, outside governments, and scholars have, over the years, often misjudged the genocidal nature of various massacres, Totten, an independent genocide scholar, delineates a series of recommendations for “remedying the problem of ‘too little, too late’.” In doing so, he addresses the problem inherent in the ambiguity in the UNCG definition of genocide, the lack of adequate intelligence/information in order to effectively ascertain whether a situation constitutes genocide, and provides concrete ideas that have the potential to overcome both (1) the tentativeness of scholars, activists and others to deem a situation genocide, and (2) the purposeful avoidance by outside government officials, the UN and others to deem a situation genocidal. 1090. Totten, Samuel (2002). “A Task Whose Time Has Come,” pp. 167–175. In Carol Rittner, John K. Roth, and James M. Smith (Eds.) Will Genocide Ever End? St. Paul, MN: Paragon House. Herein, Totten includes a series of recommendations in regard to strengthening prevention and intervention efforts. One of the most innovative is the establishment, under the auspices of the UN, of anti-genocide bases across the globe, on virtually every continent. Such bases would be on alert twenty-four hours a day, seven days a week, and available for quick mobilization and intervention wherever a situation was slouching towards genocide in its particular region of the world. 1091. Totten, Samuel, and Bartrop, Paul (2005). “The United Nations and Genocide: Prevention, Intervention, and Prosecution,” pp. 113–146. In Samuel Totten (Ed.) Genocide at the Millennium: Genocide: A Critical Bibliographic Review, Volume 5. New Brunswick, NW: Transaction Publishers. In this chapter, Totten, an independent genocide scholar, and Bartrop, an Australian-based historian, address the following issues: an overview of the United Nations and its efforts vis-à-vis the prevention and intervention of
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genocide, significant progress in bringing alleged perpetrators of genocide to trial, and critical challenges and issues faced by the UN in addressing the prevention and intervention of genocide. It concludes with a lengthy annotated bibliography of key works that address the UN’s efforts vis-à-vis the prevention, intervention and prosecution of genocide. 1092. United Nations (1996). The Blue Helmets: A Review of United Nations Peace-Keeping. New York: United Nations Department of Public Information. 808 pp. Among the many issues discussed herein are the following: the United Nations Assistance Mission to Rwanda (UNAMIR), which failed to prevent the 1994 Rwandan genocide; the United Nations Advance Mission in Cambodia (UNAMIC) and the United Nations Transitional Authority in Cambodia (UNTAC); the United Nations Protection Force (UNPROFOR), February 1992–March 1995, which faced so-called “ethnic cleansing,” summary executions, and rape in various areas, and the over-running of so-called safe areas” (e.g., in Gorazde and Srebrenica); and the United Nations Operation in the former Yugoslavia, during which the Bosnian Serbs launched a fullscale assault against the “safe area” of Srebrenica and overran UNPROFOR positions. During and following the latter offensive, numerous human rights abuses were perpetrated against the population, including mass arbitrary detention of civilian men and boys and summary execution which resulted in the genocide of approximately eight thousand Muslim boys and men. Ultimately, an estimated twenty-five thousand people were forcibly evacuated and thousands of people were never “accounted” for. 1093. United Nations (2005). Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General. Geneva: Author. 176 pp. In the “Executive Summary” of this report, it is stated that Acting under Chapter VII of the United Nations Charter, on 18 September 2004, the Security Council adopted resolution 1564, inter alia, that the SecretaryGeneral “rapidly establish an international commission of inquiry in order immediately to investigate reports of violations of international humanitarian law and human rights law in Darfur by all parties, to determine also whether or not acts of genocide have occurred, and to identify the perpetrators of such violations with a view to ensuring that those are held accountable. . . . . While the Commission considered all events relevant to the current conflict in Darfur, it focused in particular on incidents that occured between February 2003 and mid-January 2005. . . . The Commission submitted a full report on its findings to the Secretary-General on 25 January 2005. The report describes the terms of reference, methodology, approach and activities of the Commission and its investigative team. (pp. 1–2)
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Ultimately, the UN found that the atrocities “only rose” to crimes against humanity, not genocide, as the United States had declared in 2004. 1094. United Nations (2001). Report of the Panel on United Nations Peace Operations. New York: Author. 370 pp. This is the report of the Panel (also known as the Brahimi Report, named after the chair of the group that wrote the report) convened by U.N. Secretary General Kofi A. Annan to undertake a thorough review of the United Nations peace and security activities, and to present a set of concrete recommendations to improve such activities. Among some of the many recommendations put forth by this distinguished panel are the following: the pivotal importance of clear, credible, and adequately resourced Security Council mandates; a focus by the United Nations system on conflict prevention and its early engagement, wherever possible; the need to have more effective collection and assessment of information at United Nations headquarters, including an enhanced conflict early warning system that can detect and recognize the threat or risk of conflict, including genocide; the need to build the United Nations capacity to contribute to peace-building, both preventive and post-conflict, in a genuinely integrated manner; and the necessity to provide field missions with high quality leaders and managers who are granted greater flexibility and autonomy by headquarters, within clear mandate parameters, and with clear standards of accountability for both spending and results. Available at http://www.un.org/peace/reports/peace_operations/docs/full_report.htm. 1095. United States Holocaust Memorial Museum (2002). “A Good Man in Hell: General Romèo Dallaire and the Rwanda Genocide.” (Note: This manuscript is available from the United States Holocaust Memorial Museum’s Committee on Conscience, 100 Raoul Wallenberg Place SW, Washington, D.C., 20024.) In this interview conducted by Ted Koppel of General Dallaire, the leader of a small UN peacekeeping force deployed in Rwanda in 1993, Dallaire is brutally honest and withering in his attack on the weak mandate he was given by the United Nations once it became clear that genocide was on the horizon. His bitter comments about the fact that he and his men were basically forced to watch as the 1994 Rwandan genocide took place in full sight and all around them are wrenching. He further asserts that he and his men could have likely contained and halted the genocide had his request to UN headquarters for several more battalions been provided. 1096. Vaccaro, J. Matthew (1996). “The Politics of Genocide: Peacekeeping and Disaster Relief in Rwanda,” pp. 367–407. In William J. Durch (Ed.) UN
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Peacekeeping, American Politics, and the Uncivil Wars of the 1990s. New York: St. Martin’s Press. Vaccaro, a political-military planner in the office of the U.S. Deputy Secretary of Defense for Peacekeeping and Humanitarian Assistance, provides a detailed analysis of the peacekeeping mission in Rwanda prior to, during and following the 1994 Rwandan genocide in which an estimated 800,000 people were murdered. He asserts that three major shortcomings hindered the peacekeepers’ response to the crisis in Rwanda: (1) “the strategy adopted for UNAMIR I was too passive, (2) the UN Security Council decision-making process was ill-informed, and (3) the recent experience of dealing with civil war elsewhere [e.g., in Somalia] made states with the capability to act speedily to the trauma in Rwanda reluctant to do so.” (pp. 339–440) 1097. Väyrynen, Raimo (1996). The Age of Humanitarian Emergencies. Helsinki, Finland: The United Nations University World Institute for Development Economics Research (UNU/WIDER). 60 pp. In the foreword to this booklet, Giovanni Andrea Cornia, Director of UNU/ WIDER, notes the following: This study is part of UNU/WIDER’s effort to analyze the meaning and causes of [major humanitarian crises]. The paper is part of a research project on the political economy of complex humanitarian emergencies co-directed by E. Wayne Nafziger, UNU/WIDER Senior Researcher, and Raimo Väyrynen. The research project seeks to use economic and political analyses to explain factors contributing to humanitarian emergencies and to develop early-warning and preventive strategies. Väyrynen’s paper is a pathbreaking effort to define complex humanitarian emergencies, indicate what they are, where they have occurred in recent years, and how to operationalize them. (p. v)
The report is comprised of the following sections: I. “The Age of Dualism”; II. “Genocide and War” (2.1. Genocide and Politicide; and 2.2. Wars); III. “Complex Humanitarian Emergencies” (3.1. Human Security and Politics; 3.2. War Casualties; 3.3. Diseases; 3.4. Hunger; 3.5. External and Internal Displacement); IV. “The Operationalization of Humanitarian Crises” (4.1. The Selection of Cases; 4.2. The Regional Dimension); V. “Conclusion”; Appendix 1—“A Note on Methods”; Appendix 2—“Basic Statistics”; and “Bibliography.” 1098. Väyrynen, Raimo (1997). “Preventive Action: Failure in Yugoslavia,” pp. 31–42. In Michael Pugh (Ed.) The UN, Peace and Force. London: Frank Cass and Company. In this essay, the author discusses the resurrection of preventive action in the 1990s, the positive aspects of preventive diplomacy in helping to avoid
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or minimize the “costs” of collective violence, and the failure of the international community to effectively prevent many humanitarian crises. He argues that international organizations are, more often than not, “dependent on external constraints” (p. 21), including the interests of their leading members, and that their division of labor is too primitive to permit early and effective action. Additionally, he argues, the relationship between the means and the ends of preventive action are often not formulated in strategic terms, and this not only leads to erroneous policies, but may result in the escalation versus the control of violence. 1099. Weiss, Thomas G. (1993). “Intervention: Whither the United Nations?” The Washington Quarterly, 17(1):109–128. In his introduction, Weiss posits a question, and then explains the focus of his paper: “’But can we conclude that a new consensus is emerging about international intervention, especially to sustain humanitarian objectives?’ In order to answer what daily headlines remind us is of one of the most critical foreign policy questions of our times, in this article I analyze some recent interventions, examine five key policy propositions, and conclude with three policy recommendations” (p. 110). The three policy recommendations are: (1) Give priority to prevention, (2) do it right or not at all, and (3) be prepared for triage. 1100. Weiss, Thomas G. (2002). “Multilateral Military Responses,” pp. 211–231. In E. Wayne Nafziger and Ramio Väyrynen (Eds.) The Prevention of Humanitarian Emergencies. New York: Palgrave. Weiss, Presidential Professor of Political Science at the Graduate Center of the City University of New York, explores whether the military could be used to prevent humanitarian crises. The chapter is comprised of the following sections: The Contribution by Armed Forces to Humanitarian Action; Five Post-Cold War Cases of Military-Civilian Humanitarianism (including Northern Iraq, Bosnia, and Rwanda); and Toward a Framework for Assessing a Bottom Line. 1101. Weiss, Thomas G.; Forsythe, David P.; and Coate, Roger A. (2001). The United Nations and Changing World Politics. Boulder, CO: Westview Press. 340 pp. This book (written by Weiss, Presidential Professor at The Graduate Center of the City University of New York; Forsythe, professor of Political Science at the University of Nebraska at Lincoln; and Coate, professor of government and international studies at the University of South Carolina) is comprised of three parts and ten chapters: Part One: International Peace and Security (1. “The Theory of UN Collective Security”; 2. “The Reality
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of UN Security Efforts During the Cold War”; 3. “UN Security Operations After the Cold War”; and 4. “Groping into the Twenty-First Century”); Part Two: Human Rights and Humanitarian Affairs (5. “The United Nations, Human Rights, and Humanitarian Affairs: The Theory”; 6. “The United Nations and Applying Human Rights Standards”; and 7. “Change, The United Nations, and Human Rights”); and Part Three: Building Peace Through Sustainable Development (8. “Development and the United Nations: The First Three Decades”; 9. “Ecodevelopment and the United Nations,” and 10. “Sustainable Development and Human Security: Problem and Prospects for the 2000s”). 1102. Weissman, Stephen (1998). Preventing Genocide in Burundi: Lessons from International Diplomacy. Washington, D.C.: United States Institute of Peace. 36 pp. In this booklet, Weissman, a political scientist who has taught at Fordham University and served as the director of the U.S. House of Representatives Subcommittee on Africa, includes chapters entitled “The United Nations and Humanitarian Military Intervention,” and “Five Lessons from International Diplomatic Peacemaking in Burundi.” 1103. Woodward, Susan L. (1995). Balkan Tragedy: Chaos and Dissolution after the Cold War. Washington, D.C.: The Brookings Institution. 536 pp. In this book, Woodward, a senior fellow in the foreign policy studies program at the Brookings Institution and a former senior adviser to the UN in the former Yugoslavia, analyzes Yugoslavia’s collapse and the warfare that ensued upon its breakdown. She argues that Western action not only failed to prevent the spread of violence or to negotiate peace, but actually exacerbated the conflict. The eleven chapters that make up the book are: 1. “Introduction”; 2. “The Basis of Prewar Stability”; 3. “The Politics of Economic Reform and Global Integration”; 4. “Escalation”; 5. “Interrupted Democratization: The Path to War”; 6. “Western Intervention”; 7. “The Right to National SelfDetermination”; 8. “War: Building States from Nations”; 9. “Stopping the Bosnia War”; 10.” “The Dynamic of Disintegration and Nationalist War”; and 11. “Conclusion.” B. Trans Regional and Other Intergovernmental Organizations (ASEAN, CMCA, NATO, OAS, OAU, OSCE) 1104. Andersen, Regine (2000). “How Multilateral Development Assistance Triggered the Conflict in Rwanda.”Third World Quarterly, 21(3):441–456.
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This thought-provoking and provocative essay proposes that the three different strategies (economic structural adjustment programs, the multiparty democratization process, and the peace negotiation and implementation processes) promoted by multilateral development agencies had contradictory and mutually negating effects on each other and that they, in combination with one another, contributed to the weakening of the Rwandan government, which, in turn, triggered the genocide. The author proposes and discusses a series of lessons that can be learned in regard to the role of multilateral development agencies in crisis prevention situations. The essay is comprised of the following sections: What Made the Unthinkable Happen? Revisiting Explanatory Attempts; Propositions Regarding the Role of Multilateral Development Agencies; The Three Main Strategies of Multilateral Development Assistance from 1990 to 1994; Lessons to Learn; and Implications for Preventive Action. 1105. The Aspen Institute (1997). Conflict Prevention: Strategies to Sustain Peace in the Post-Cold War World. Queenstown, MD: Author. 164 pp. Based on the proceedings of an international conference (“Conflict Prevention: Strategies to Sustain Peace in the Post Cold War World”) held in Aspen, Colorado, July 30–August 3, 1996, this book constitutes a report of the conference discussions and recommendations made by the participants. Among the twenty-seven experts and leaders from twenty-two countries were Richard Goldstone (prosecutor, International Criminal Tribunal on the Former Yugoslavia and International Tribunal on Rwanda); Morton Abramowitz (president, Carnegie Endowment for International Peace, USA); John J. Sheehan (supreme allied commander, Atlantic, and commander in chief, U.S. Atlantic command); George Soros (chairman, Soros Foundation/Open Society Fund); and Rodolfo Stavenhagen (professor, El Colegio de Mexico). Among the many “key actions” the participants recommended are as follows: • More responsibility should be taken by regional states and organizations for preventing and preempting conflict in troubled states. Emerging regional arrangements and organizations should be strengthened by efforts of the United Nations and individual states so they can assure greater responsibility for undertaking the initial external preventive effort in potential conflict situations, such as advice, mediation, or “peer pressure.” • In addition to region-specific prevention capabilities, the international community needs a dependable overall rapid response capability for situations careening out of control.
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• If conflict is to be avoided in volatile economic situations, the economic tools wielded by states and by the international community need to be fine-tuned for this purpose. • The rule of development assistance in supporting societies in managing diversity and harmful economic inequalities should receive more attention by the World Bank and other international and state aid agencies. • Post-conflict peacebuilding must be treated as a necessary element of conflict prevention, receiving priority and resources (From the Executive Summary of the Report., n.p.). 1106. Bercovitch, Jacob (1998). “Preventing Deadly Conflicts: The Contribution of International Mediation,” pp. 231–248. In Peter Wallensteen (Ed.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. See annotation # 989. 1107. Boutros-Ghali, Boutros (1992). An Agenda for Peace: Preventive Diplomacy, Peacemaking and Peace-keeping. New York: United Nations. n. p. See annotation # 991. 1108. Brown, Michael E., and Rosecrane, Richard N. (1999). The Costs of Conflict: Prevention and Cure in the Global Arena. Lanham, MD: Rowman & Littlefield. 277 pp. Written under the auspices of the Carnegie Commission on Preventing Deadly Conflict, this book is comprised, in part, of the following parts and chapters: chapter 1. “Comparing Costs of Prevention and Costs of Conflict: Toward a New Methodology”; Part One: Failed Prevention (chapter 2. “Bosnia”; chapter 3. “Rwanda”; chapter 4: “Somalia”); Part Two: Initial Prevention (chapter 7. “Macedonia”; chapter 8. “Slovakia”); and Part Three: Mid-Course Prevention. 1109. Carment, David; and Schnabel, Albrecht (Eds.) (2003). Conflict Prevention: Path to Peace of Grand Illusion? New York: United Nations University Press. 296 pp. This book is comprised, in part, of the following: “Regional Organizations and Conflict Prevention: CFSP and ESDI in Europe” by Simon Duke; “A Good Idea, But a Rocky Road Ahead: The EU and the Stability Pact for South Eastern Europe” by Hans-Georg Ehrhart; “The OSCE and Conflict Prevention in the Post-Soviet Region” by Natalie Mychajlyszyn; “Conflict Prevention in Africa: Establishing Conditions and Institutions Conducive to Durable Peace” by Rasheed Draman; “Conflict Prevention in the Americas: The Organization of American States (OAS)” by Osvaldo Kreimer;
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and “The International Monetary Fund and Conflict Prevention” by Dane Rowlands and Troy Joseph. 1110. Carnegie Commission on Preventing Deadly Conflict (1997). Preventing Deadly Conflict: Final Report with Executive Summary. Washington, D.C.: Author. 257 pp. See annotation # 1003. 1111. Charny, Israel W. (1999). “Genocide, Study of,” pp. 36–40. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume 1. Santa Barbara, CA: ABC CLIO Press. One section of this encyclopedic entry is entitled “Intervention and Prevention of Genocide” (pp. 39–40). In it, Charny comments, in part, on the role of NATO in the 1990s in the former Yugoslavia. 1112. Chayes, Antonia Handler, and Chayes, Abram (1998). “Mobilizing International and Regional Organizations for Managing Ethnic Conflict,” pp. 178–210. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. At the outset of this essay, the authors (a former under-secretary of the U.S. Air Force, and Felix Frankfurter Professor of Law emeritus at Harvard Law School, respectively), state that We include efforts to prevent the recurrence of conflict after a settlement is reached. . . . International and regional organizations are the . . . vehicles through which consensus for action to deal with conflict is established by the . . . international community. They should be able to bring greater resources, power, legitimacy, and expertise to bear on complex international problems than any one state or ad hoc grouping. Yet, international organizations are composed of states, and concerted action even within a single organization requires building consensus. . . . A single state or group of states can often bring enormous pressure—positive or negative—on the organizations’ decision-making process. Thus, intervention is often too little, too late, or too tentative. Complicating the situation further, international organizations, like individual states, have multiple agendas. . . . Careful analysis of the record . . . and the juxtaposition of the performance of relevant organizations suggest ways in which their contribution could be improved. . . . We [have] divided the organizations into three groups, excluding the U.N. [which was discussed in an earlier chapter]. The first includes those that have an explicit focus on conflict prevention but [have] limited resources: the trans-European regional organizations such as the Organization for Security and Cooperation in Europe (OSCE), and the Council of Europe (COE)—which pursues the lowest-key and least coercive form of conflict prevention. The second group (international financial organizations) comprises organizations
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with political and economic resources but with little or no focus on managing conflict: the International Monetary Fund (IMF), the World Bank, and the European Bank for Reconstruction and Development (EBRD). They have power and influence to mount a conflict prevention and management strategy but have hardly begun to do so. Here, too, is the European Union (EU) and its offering of conflict inhibitors—the effect of its example and the aspiration for membership. In the third group are organizations with military power but . . . have yet to address . . . systematically ethnic conflict: the North Atlantic Treaty Organization (NATO) and the Western European Union (WEU). (pp. 179–180)
1113. Cortright, David (1997). “Incentives, Strategies for Preventing Conflict,” pp. 267–301. In David Cortright (Ed.) The Price of Peace: Incentives and International Conflict Prevention. Lanham, MD: Rowman & Littlefield Publishers. Cortright, a fellow at the Joan B. Kroc Institute for International Peace Studies at the University of Notre Dame, identifies “the variables that account for the success or failure of inducement policies. [More specifically,] the chapter examines the nature of the issues involved, the players and their relationships, and the characteristics of incentives instruments themselves. It concludes with observations about the role of military assistance, foreign aid, and international trade” (p. 268). The chapter is comprised of the following sections: The Model of Cooperative Democratic Development; Shaping an Incentives Policy (Strategic Design, Value, Delivery, Timing, Avoiding the Risks of Appeasement, Mixing Carrots and Sticks); The Players and Their Interests; Policy Issues (Military Assistance: A Two-Edged Sword; and Foreign Aid: The Neglected Incentive); and The Power of Trade: A Global Strategy. 1114. Cortright, David (Ed.) (1997). The Price of Peace: Incentives and International Conflict Prevention. Lanham, MD: Rowman & Littlefield. 347 pp. A “spin-off” of The Carnegie Commission on Preventing Deadly Conflict, the contributors to this book examine the potential use of “incentives” to reduce tensions and prevent the escalation of conflicts. A key point made herein is that very little attention has been given to either the theoretical or policy-oriented research regarding the use of incentives—especially in comparison to the plethora of literature on the use of deterrence, coercion, and sanctions. The book includes nine case studies—four of which address regional conflict resolution and two on multilateral organizations. 1115. de Waal, Alex (2000). Who Fights? Who Cares? War and Humanitarian Action in Africa. Trenton, NJ: Africa World Press, Inc. 243 pp. The essays in this volume were initially prepared for a conference on “humanitarian and political challenges in Africa” that was held in Kigali,
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Rwanda, in October 1999. The conference was convened by InterAfrica Group and Justice Africa and hosted by the Pan African movement. The essays herein are unsigned. They are reportedly based on a wide range of contributions—both written and verbal. Among the diverse set of issues addressed are: “What are the causes, implications and solutions for genocide, especially in the Great Lakes?”; “What structures for regional peace and security are required for an effective international security order in Africa?”; “What institutions can be effective in preventing and relieving humanitarian crises?”; “What is the role for international humanitarian law?”; and “What mechanisms for humanitarian accountability can be developed?” The eight chapters that comprise this book are: 1. “The Persistence of War in Africa”; 2. “Genocide and Its Implications”; 3. “Structures for Regional Peace and Security”; 4. “Interventions and Sanctions”; 5. “Democratic Political Process and the Fight Against Famine”; 6. “Humanitarian Capacities and Institutions”; 7. “International Humanitarian Law”; and 8. “Humanitarian Accountability.” 1116. Draman, Rasheed (2003). “Conflict Prevention in Africa: Establishing Conditions and Institutions Conducive to Durable Peace,” pp. 233–253. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations Press. In his introduction, Draman, a Ph.D. candidate in political science at Carleton University, Ottawa, Canada, states that This chapter makes a case for conflict prevention in Africa. It argues that two issues are important for conflicts to be effectively prevented. First, regional and sub-regional organizations [intergovernmental and non governmental] and their initiatives should be supported, nurtured and strengthened; and second, good governance and responsible leadership should be encouraged and rewarded. These strategies should not be ad hoc . . . [The last two sections of the chapter explore, respectively], some of the African regional and sub-regional initiatives for conflict prevention, and put forward some recommendations for more effective preventive action in Africa. (p. 234)
1117. Draman, Rasheed (2001). “Preventing Conflicts in Africa: Reality, Empty Dream or Just Difficult?” Civil Wars, Summer, 4(2):121–141. In this piece, the author discusses a comparative study of conflict prevention in Africa by examining the regional efforts in preventing conflict in the Central African Republic vis-à-vis the UN/international community’s failure in Rwanda. The article examines the roles played by three variables: timing, actors, and instruments on the outcome of these conflicts. The central argument of the article is that prevention is more likely if there is strong local involvement and a strong collaboration between the UN/international community and local actors.
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1118. Dress, Tobi P., and Gay Rosenblum-Kumar (2002). “Deconstructing Prevention: A Systems Approach to Mitigating Violent Conflict,” pp. 229–249. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. In this chapter, the authors (Dress, an attorney and specialist in conflict prevention and public policy; and Rosenblum-Kumar, a public administration officer in the governance and public administration branch of the UN Department of Economics and Social Affairs) argue that the United Nations must engage in an internal process of intersectoral and interagency dialogue to better integrate and maximize the capacities of UN agencies, sectors, and departments in structural conflict prevention, peacebuilding, and long-term peace planning. We recommend that key policymakers in international organizations be convened to engage with key officials of leading international conflict resolution networks. The goals of such a dialogue would be to determine infrastructure requirements for long-term peace planning and to assess what roles different organizational actors would assume within this infrastructure and how they could be mutually reinforcing. This chapter is divided into two sections, one on global and regional capacity-building, and the other on the United Nations’ role in national capacity-building in conflict management. (p. 230)
1119. Duke, Simon (2003). “Regional Organizations and Conflict Prevention: CFSP and ESDI in Europe,” pp. 91–111. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations Press. Duke, a professor at the European Institute of Public Administration in Maastricht, the Netherlands, argues that [T]he continued reliance upon the U.S. for initiative and resources in many areas relevant to conflict prediction, prevention, and peacekeeping has slowed the European allies in developing a self-reliant pan-European conflict prevention strategy and capability. . . . If comprehensive conflict prevention mechanisms are to become more meaningful [in Europe], they will do so in the context of the EU’s [European Union’s] second pillar (Common Foreign and Security Policy, or CFSP) and NATO’s ESDI (European Security and Defence Identity) frameworks. Ideally, any such developments should not compete with the conflict prevention of the OSCE [Organization for Security and Cooperation in Europe] but support it. (p. 94)
1120. Falk, Richard (1996). “Meeting the Challenge of Genocide in Bosnia: Reconciling Moral Imperatives with Political Constraints,” pp. 125–135. In Charles B. Strozier and Michael Flynn (Eds.) Genocide, War, and Human Survival. Lanham, MD: Rowman & Littlefield Publishers.
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In this fascinating and thought-provoking essay, Falk, the Milbank Professor of International Law and Practice at Princeton University, examines “Why intervention to prevent genocide was never a genuine option for Bosnia” (pp. 129–131), and then discusses what he perceives can be done to “reduce the ambit of harm and to work toward the effective elimination of genocide from human experience” (p. 131). Falk goes onto to argue that “If international political life is to be better protected against genocide, transnational social forces will have to make a greater effort. Governments of liberal democracies and inter-governmental institutions can only be helpful in this effort if pushed hard from below; to rely on governmental actors to carry out an anti-genocide campaign, whether in Bosnia or in general, is to misunderstand the pattern of international relations over the course of the last two hundred years” (p. 134). 1121. Fisas, Vicenc (1995). Blue Geopolitics: The United Nations Reform and the Future of Blue Helmets. East Haven, CT and London: Pluto Press with Transnational Institute. 184 pp. Written by a disarmament researcher at the UNESCO Centre of Catalonia, the author examines, in part, the status of the Organization on Security and Cooperation in Europe (OSCE) vis-à-vis the issues of conflict prevention, humanitarian intervention, and peacekeeping. 1122. Fisas, Vicenc (1995). “Conflict Prevention,” pp. 37–51. In Vicenc Fisas’ Blue Geopolitics: The United Nations Reform and the Future of the Blue Helmets. East Haven, CT and London: Pluto Press. In addition to discussing early warning centers, verification centers (which verify and monitor arms agreements), Fisas submits a series of proposals vis-à-vis conflict prevention. Among some of the many proposals are as follows: • Create the necessary mechanisms within the United Nations and the regional organizations for detecting and predicting conflicts. • Prevention should be directed not only at military questions, but also at political, economic, ecological, social, cultural and technological problems. • Special attention should be paid to ethnic and ecological conflicts. • Early warning should take place simultaneously at different levels (national, regional and international) and through different institutions (governmental and non-governmental). • Create a global communications network linking all the early warning centres, whether governmental, NGO or those belonging to international organizations, using the same computer language.
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• Develop regional mechanisms for mediation. • Potentiate the OSCE’s Conflict Prevention Centre. • Ensure mechanisms for immediate response to emergency situations (advance commitment). • Connect early warning centres to arms control and verification organs. • Foment the training of specialists in conflict prevention and regulation and disarmament verification. • Develop military and non-military confidence-building measures (CBM). • Pay greater attention to tensions and conflicts arising from economic and social inequalities (pp. 50–51). 1123. Jentleson, Bruce W. (Ed.) (2000). Opportunities Missed, Opportunities Seized: Preventive Diplomacy in the Post-Cold War World. Lanham, MD: Rowman and Littlefield. 431 pp. The collective authors in this volume weigh the value and likelihood of success in using preventive diplomacy to effectively address conflict by focusing on ten highly complex post -cold war cases. The book is comprised of the following parts and chapters: Part One: Overview (chapter 1: “Preventive Diplomacy: A Conceptual and Analytical Framework”; chapter 2: “The Warning-Response Problem and Missed Opportunities in Preventing Diplomacy”); Part Two: The Dissolution of the Soviet Union (chapter 3: “The War in Chechnya: Opportunities Missed, Lessons to Be Learned”; chapter 4: “The International Community and the Conflict over Nagorno-Karabakh”; chapter 5: “Preventive Diplomacy: Success in the Baltics”; chapter 6: “Preventive Diplomacy for Nuclear Nonproliferation in the Former Soviet Union”); Part Three: The Breakup of Yugoslavia (chapter 7: “Costly Disinterest: Missed Opportunities for Preventive Diplomacy in Croatia and Bosnia and Herzegovina, 1985–1991”; chapter 8: “Preventive Diplomacy for Macedonia, 1992–1999: From Containment to Nation Building”); Part Four: Ethnic Conflicts in Africa (chapter 9: “Somalia: Misread Crises and Missed Opportunities”; chapter 10: “Preventive Diplomacy in Rwanda: Failure to Act or Failure of Actions?”; chapter 11: “Prevention Gained and Prevention Lost: Collapse, Competition, and Coup in Congo”); Part Five: Rogue State Aggression (chapter 12: “Opportunity Seized: Preventive Diplomacy in Korea”; and Part Six: Conclusions (chapter 13: “Preventive Diplomacy: Analytical Conclusions and Policy Lessons”). 1124. Kaufman, Joyce P. (1999). “NATO and the Former Yugoslavia: Crisis, Conflict and the Atlantic Alliance.” The Journal of Conflict Studies. Fall, 19(2):5–38.
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In her conclusion, Kaufman, professor of Political Science at Whittier College in California, states that Despite the lessons of Bosnia, despite the clear indications that crisis was imminent, in the case of Kosovo NATO still waited until armed conflict erupted before getting involved, and as was true with Bosnia, then reacted to the circumstances. Alliance leaders once again sought diplomatic and negotiated settlements before authorizing the use of force, holding out the threat of NATO military strikes should negotiations fail. But, as in the past, diplomatic initiatives continued long after it became apparent that they would come to naught, especially in the case of a leader like Slobodan Milosevic. (p. 33)
1125. Khadiagala, Gilbert M. (1998). “Prospects for a Division of Labour: Regional Organizations in Conflict Prevention,” pp. 131–148. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities.The Hague: Kluwer Law International. Khadiagala, associate professor of Comparative Politics and African Studies at the Paul H. Nitze School of Advanced International Studies at Johns Hopkins University, discusses some of Africa’s major regional organizations—the Economic Commission of West African States (ECOWAS), the Southern African Development Community (SADC), the East African Cooperative (EAC), and the Intergovernmental Authority on Development (IGAD)—as potential means for conflict prevention and early warning. 1126. Kreimer, Osvaldo (2003). “Conflict Prevention in the Americas: The Organization of American States (OAS),” pp. 254–278. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations Press. Kreimer, a special advisor to the Inter-American Commission on Human Rights (IACHR) of the OAS, discusses the following issues: the OAS and its role in conflict prevention, different conflict prevention mechanisms operating within the OAS, the “good offices” of the Permanent Council and the Secretary-General of the OAS, and the inter-American system of human rights. 1127. Kutner, Luis, and Katin, Ernest (1984). “World Genocide Tribunal: A Proposal for Planetary Preventive Measures Supplementing a Genocide Early Warning System,” pp. 330–346. In Israel W. Charny (Ed.) Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press. Herein, Kutner (former visiting associate professor at Yale Law School, and noted international law specialist) and Katin (international law specialist
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and former assistant legal advisor for the Municipality of Tel Aviv-Yafo) propose the establishment of a World Genocide Tribunal for the express purpose of trying alleged perpetrators of genocide. 1128. Last, David (2003). “Early Warning and Prevention of Violent Conflict: The Role of Multifunctional Observer Missions,” pp. 157–181. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations Press. In the introduction, Last, a Major in the Canadian Armed Forces, notes that This chapter begins with a look at the sort of information that is needed if prevention is to have a chance. The limitations and strengths of traditional [both UN and civilian] fact-finding and observation missions suggest expanding the concept of observer missions to include political, social, economic, and psychological dimensions of the conflict. By collecting the right sort of information and interpreting it accurately, we might link resulting knowledge of potential violence directly to the international community’s ability and will to respond to it. Even after the violence starts, prevention efforts continue. Giving observer missions a voice through liaison and public affairs resources can help them to spur appropriate regional and international responses, whatever stage the conflict has reached. (pp. 157–158)
The chapter is comprised of the following sections: Information for Early Warning; Fact-Finding and Military Observers; How Can Early Warning and Prevention Work?; Collecting Information (Political and Social Information, Economic Information, Information About the Media, Military Information); Establishing a Multifunctional Mission; and From Information to Action. 1129. Lohman, Diederik (2000). “The International Community Fails to Monitor Chechnya Abuses.” Helsinki Monitor, 3:73–82. This is a thought-provoking essay on the human rights abuses in Chechnya by the Russians—many of which are “similar to those the Serbs committed in Kovoso prior to NATO’s military intervention—summary executions, torture, rape, and the systematic destruction of civilian property” (p. 73)—and the lax response by the international community (including NATO, European Union, and the United States). The article is comprised of the following sections: The War and the Abuses, International Human Rights Monitoring, Monitoring by the OSCE Assistance Group to Chechnya, Council of Europe, United Nations, Monitoring by Embassy Personnel, Russia’s Position on International Monitoring, and Perspective on the Future.
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1130. Lund, Michael S. (2002). “From Lessons to Action,” pp. 159–183. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. Lund, senior associate at the Center for Strategic and International Studies and professorial lecturer in conflict management at the Johns Hopkins University School of Advanced International Studies, discusses the current state of conflict prevention. In his introduction, Lund asserts that “as things now stand, the field of violent conflict prevention must continue to deal with certain basic questions or sets of concerns in order to advance further. [A major one is]: Institutionalization: how can procedure and policies for anticipating and responding to possible conflicts be operationalized in the regular functioning of international governmental organizations and NGOs, and how can separate actions be undertaken in a more concerted way? (p. 162). The headings of the various sections of this essay provide a solid sense of what Lund addresses herein: Contemporary Conflicts: The Liberal Solution as Problem; Lack of Will, or Lack of the Way?; Prevention Accountability and Effectiveness; Levels of Preventive Action in the International System; Major Levels of Preventive Action for Lesson-Learning; Lessons from Country-Level Multi-Instrument Engagements; Institutionalizing Conflict Prevention: Linking Lessons to Standard Operating Procedures; Incorporating the Lessons in Country-Level Strategies; and Organizing Concerted Strategies: Joint In-Country Planning and Implementation. 1131. Lund, Michael S. (1996). Preventing Violent Conflicts: A Strategy for Preventive Diplomacy. Washington, D.C.: Institute of Peace Press. 220 pp. Herein, the author defines early warning and preventive diplomacy; reviews numerous preventive efforts conducted in the 1990s, discusses which methods work, and why; and suggests how multilateral and national entities (especially the U.S. government) can overcome operational challenges to effective preventive action. The book concludes by sketching the outlines of a more systematic, global preventive regime, one that draws on the strengths of individual states, the United Nations, regional organizations, and NGOs. 1132. Nafziger, E. Wayne, and Väyrynen, Raimo (Eds.) (2002). The Prevention of Humanitarian Emergencies. New York: Palgrave. 322 pp. This collection of essays addresses a host of issues related to preventing humanitarian emergencies. More specifically, the contributors provide an
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analysis and an inventory of instruments for donors, international agencies, and developing countries to prevent humanitarian emergencies. The emphasis is on long-term development policies rather than mediation or reconstruction after the conflict ensues. Policies include democratization, reforming institutions, strengthening civil society, improving the state’s administrative capability, agrarian reform, accelerating economic growth through stabilization and adjustment, reducing inequalities, and redesigning aid to be more stable. Among the areas of conflict addressed are: Burundi, Bosnia, and Rwanda. This book is comprised of the following parts and chapters: 1. “The Political Economy of Preventing Humanitarian Emergencies—Asking the Questions” by E. Wayne Nafziger; Part I: International Economic Responses (2. “Macroeconomic Stabilization and Structural Adjustment” by Christopher Cramer and John Weeks; 3. “Global Linkages, Vulnerable Economies and the Outbreak of Conflict” by Valpy FitzGerald); Part II: Domestic Economic Responses (4. “State Legitimacy, Tax Reform, and the Provision of Basic Service” by John Toye; 5. “Agrarian Reform, Land Redistribution and SmallFarm Policy” by R. A. Berry; 6. “Protecting Environmental Resources and Preventing Land Degradation” by Gaim Kibreab); Part III. Governmental and non-Governmental Strategies (7. “Preventing Humanitarian Emergencies: Human Security and Strategic Action” by Raimo Väyrynen; 8. “Democratization and Institutional Reform” by Richard Sandbrook; 9. “Donor Governments” by Helge Hveem; 10. “Transnational Non-Governmental Organizations: The Edge of Innocence” by William E. DeMars; 11. “Multilateral Military Responses” by Thomas G. Weiss; 12. “Human Rights” by Andrew Clapham; 13. “The Geopolitics of Mercy: Humanitarianism in the Age of Globalization” by Antonio Donini; and “Conclusion: Lessons for Preventative Action” by Raimo Väyrynen). 1133. Organization of African Unity (OAU) (2001). “International Panel of Eminent Personalities (IDEP): Report on the 1994 Genocide in Rwanda and Surrounding Events (Selected Sections).” International Legal Materials, 40:140–235. In the abstract of this report, it is stated that The Organization of African Unity (OAU) formed the International Panel of Eminent Personalities to investigate the Rwandan genocide and to contribute to the prevention of further conflicts in the region. The Panel endorsed the findings of the earlier Carlsson Inquiry report that “the U.N.’s Rwandan failure was systemic and due to a lack of political will” (p. 140). The Panel found that “[j]ust about every mistake that could be made was made” (p. 140). The Panel found that the U.N. did not perceive the U.N. Assistance Mission to Rwanda (UNAMIR) as a particularly difficult mission, and so did not provide UNAMIR
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with an adequate force or mandate. The Panel also argued that the U.N. had compromised its integrity by maintaining “insistent and utterly wrong-headed neutrality regarding the genocidaires.” (p. 140)
The report is comprised, in part, of the following: “Before the Genocide: The Role of the OAU”; “Before the Genocide: France and the United States”; “The World During the Genocide: The United Nations, Belgium, France, and the OAU”; “The Role of the OAU Since the Genocide”; and “Recommendations.” 1134. Organization for Economic Cooperation and Development (1998). Conflict, Peace and Development. Co-operation on the Threshold of the 21st Century—Development Co-operation Guidelines Series. Paris: Author. 110 pp. These guidelines represent a “work in progress” by the Development Assistance Committee members (an international group composed of individual nations, the United Nations Development Program, the World Bank, the International Monetary Fund, and others). It is comprised of the collective committee’s perspective and commitment regarding basic changes that are needed vis-à-vis the way in which the international community responds to the need for conflict prevention and peacebuilding. A framework for analyzing conflict and its links with development and ways to identify concrete opportunities for providing assistance in support of peace is delineated. These include support in areas such as democratization, the justice and security sector reform, inter-community relations, mediation and negotiations, education, human rights training, freedom and access to information, the reintegration of uprooted populations, the demobilization of former combatants, the restoration of a capacity for economic management, and regional approaches to conflict prevention and peacebuilding. 1135. Peck, Connie (1998). Sustainable Peace: The Role of the UN and Regional Organizations in Preventing Conflict. Lanham, MD: Rowman & Littlefield Publishers. 296 pp. In this book, published as part of the Carnegie Commission on Preventing Deadly Conflict Series, Peck, coordinator of the Fellowship Program in Peacemaking and Preventive Diplomacy (co-sponsored by the United Nations Institute for Training and Research and the International Peace Academy) examines the concept of preventive diplomacy—the implementation of peacemaking methods prior to the outbreak of armed hostilities between disputing parties—and explores ways for strengthening regional capability to deal with conflicts. An innovation that Peck suggests and discusses along these lines is the creation of Regional Centers for Sustainable Peace that would be established under the auspices of either regional organizations or
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the United Nations. The purpose would be to bring together the UN, regional organizations, non-governmental organizations (NGOs), and regional analytical centers, in order to integrate the most successful conflict prevention instruments, drawing widely on international experience and expertise but ensuring that such bodies are tailored to local needs and circumstances. 1136. Rupesinghe, Kumar (1996). “Conflict Resolution: Current Options and New Mechanisms,” pp. 337–355. In Donald Clark and Robert Williamson (Eds.) Self Determination: International Perspectives. New York: St. Martin’s Press. See annotation # 1070. 1137. Säve-Söderbergh, Bengt, and Lennartsson, Izumi Nakamitsu (2002). “Electoral Assistance and Democratization,” pp. 357–377. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. In this chapter, the authors (Säve-Söderbergh, the secretary general of the International Institute for Democratic and Electoral Assistance; and Lennartsson, chef de cabinet at the International Institute for Democratic and Electoral Assistance) examine the significance of democratic institutions and processes in managing conflict and aim to demonstrate the usefulness of democratization assistance as an instrument for the prevention of violent conflict. The essay is comprised of the following sections: Root Causes and Structural Sources of Contemporary Violent Conflict; Emerging Linkage Between Peace, Development, and Democratization: The Reality of UN Missions; Key Challenges of Democratization Assistance in Conflict Prevention; and Designing and Supporting Democratic Institutions as Conflict Management Instruments. 1138. Stedman, Stephen Jay (1999). International Actors and Internal Conflicts. New York: Project on World Security, Rockefeller Brothers Fund. 31 pp. This report, by a senior research scholar at the Center for International Security and Cooperation at Stanford University, presents a survey of the recent literature on the role of international actors in international conflicts. In doing so, it addresses such issues and activities as conflict exacerbation, preventive action, mediation, peacekeeping and peace enforcement, the implementation of peace agreements, and structural mediation. He also examines the role of various international actors, including various international and regional organizations. 1139. van der Stoel, Max (2004). “Looking Back, Looking Forward: Reflections on Preventing Inter-ethnic Conflict,” pp. 113–119. In Andreas Wimmer, Richard J. Goldstone, Donald L. Horowitz, Ulrike Joras, and Conrad Schet-
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ter (Eds.) Facing Ethnic Conflicts: Toward a New Realism. Lanham, MD: Rowman & Littlefield Publishers. This essay by van der Stoel, who has been special adviser to Javier Solana, the European High Representative for the Common Foreign and Security Policy, since 2001, and who served as OSCE High Commissioner on National Minorities between 1993 and 2001, is comprised of the following sections: Ethnic Conflict: Past and Present; Preventing Conflict, Integrating Diversity; and Early Warning and Early Action. 1140. van der Stoel, Max (1999). “The Role of the OSCE High Commissioner in Conflict Prevention,” pp. 67–83. In Chester A. Crocker, Fen Osler Hampson, and Pamela Aall (Eds.) Herding Cats: Multiparty Mediation in a Complex World. Washington, D.C. United States Institute of Peace Press. van der Stoel, the first high commissioner on National Minorities appointed by the Organization for Security and Cooperation in Europe (OSCE), discusses the focus and role of OSCE, the High Commissioner’s mandate, his own experiences as the high commissioner, and the issue of long-term conflict prevention. What is likely to be of greatest interest to those whose focus is the prevention and intervention of genocide is the concept of “comprehensive security” that the OSCE adheres to and applies—more specifically, it directly relates “peace, security, and prosperity to the observance of human rights under democratic governance and the market economy” (p. 67). According to van der Stoel, “the OSCE is probably best placed to engage in conflict prevention and conflict transformation in the wider sense, meaning not only the immediate prevention of violent conflict but also the process of establishing security and stability in the region.” (p. 67) 1141. van Walraven, Klaas (Ed.) (1998). “Inter-governmental Organizations and Preventing Conflicts: Political Practice Since the End of the Cold War,” pp. 19–44. In Klaas van Walraven (Ed.) Early Warning and Conflict Prevention: Limitations and Possibilities. The Hague: Kluwer Law International. 204 pp. In this chapter, van Walraven, a political scientist and researcher at the Netherlands Institute of International Relations, focuses on the various ways in which conflict prevention and early warning have become part of the political agenda of international organizations. Among the inter-governmental institutions discussed are the United Nations, the Organization for Security and Cooperation in Europe (OSCE), and the Organization of African Unity (OAU). The subtitles in this chapter provide a solid sense of the many issues addressed herein: Early Warning and Conflict Prevention in Politics:
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Conceptual Fluidity; Early Warning Systems in Practice; Conflict Prevention: Official Policies Versus the Practice; When Do International Organizations Respond?; Signals of Conflict and Concepts of Security; and Responses to Potential Violence: Procedures and Institutional Arrangements (OSCE, ASEAN, UN, OAS, OAU, CMCA). In his concluding remarks, van Walraven says: Intergovernmental organizations seldom have fully fledged early warning systems and concrete policies of conflict prevention. Yet they often possess several institutional and procedural arrangements that are relevant to the containment, if not prevention, of violent conflict. The OSCE seems in this respect to have gone quite some way in developing a preventative approach to conflicts. It has therefore been suggested that some of the OSCE’s experiences could perhaps be usefully copied by other international organizations. [O]ne should caution against facile arguments about the possibilities of transferring those experiences to other political and cultural contexts—or, for that matter, against euphoric assessments of the OSCE. . . . [T]he OSCE is heavily dependent on consensus between the member states, while the implementation of its consultation mechanisms is often interpreted as a hostile act of one state against another. . . . One may, moreover, wonder whether international organization-managed change of domestic political and economic configurations and structures is not a bridge too far. For example, a detailed study of the failures of UNOSOM in Somalia ended by listing numerous tasks that the UN should in the future try to take on, if it wanted to make a difference in situations marked by state collapse—activities that belong, paradoxically, to the archetypal functions of a state. . . . . . . If media visualization of the misery of civil war may, at times, generate sufficient moral repercussions to force international institutions to take action, this in itself is usually not enough to compensate for the lack of political will among their member states to act. Interventions such as in Somalia are therefore easily derailed, while forceful action by the UN or other organizations may alternate with hesitation and precipitous withdrawal from the theatre of operation. The UN’s actions in Rwanda in 1994 are pertinent here. Still, the ideas that have been articulated by political scientists under the headings of early warning and conflict prevention would, if implemented even to a limited extent, go a considerable way in shoring up the capabilities of international organizations to manage conflict. (pp. 43–44)
1142. Weissman, Stephen (1998). Preventing Genocide in Burundi: Lessons from International Diplomacy. Washington, D.C.: United States Institute of Peace. 36 pp. This booklet by Weissman, a political scientist who has taught at Fordham University and served as the director of the U.S. House of Representatives
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Subcommittee on Africa, includes a chapter entitled “Regional African Diplomacy for a Negotiated Political Settlement.” 1143. Woodward, Susan L. (1995). Balkan Tragedy: Chaos and Dissolution after the Cold War. Washington, D.C.: The Brookings Institution. 536 pp. In this book, Woodward, a senior fellow in the foreign policy studies program at the Brookings Institution and a former senior adviser to the UN in the former Yugoslavia, analyzes Yugoslavia’s collapse and the warfare that ensued upon its breakdown. She argues that Western action not only failed to prevent the spread of violence or to negotiate peace, but actually exacerbated the conflict. The eleven chapters that make up the book are: 1. “Introduction”; 2. “The Basis of Prewar Stability”; 3. “The Politics of Economic Reform and Global Integration”; 4. “Escalation”; 5. “Interrupted Democratization: The Path to War”; 6. “Western Intervention”; 7. “The Right to National Self-Determination:”; 8. “War: Building States from Nations”; 9. “Stopping the Bosnia War”; 10.” “The Dynamic of Disintegration and Nationalist War”; and 11. “Conclusion.” C. Non-governmental Organizations 1144. Aggestam, Karin (2003). “Conflict Prevention: Old Wine in New Bottles?” Special Issue (“Mitigating Conflict: The Role of NGOs” edited by Henry F. Carey and Oliver P. Richmond) of International Peacekeeping, 19(1):12–23. In the abstract to this piece, it is stated that: This essay examines the extent to which scholarly work offers new insights into the problematique of conflict prevention and whether there are any significant alterations in the national management of conflict. The existing literature generally exhibits a number of methodological and theoretical weaknesses, which makes conflict prevention less useful as an analytical concept. In practice, states and IGOs (international governmental organizations) tend to dominate conflict prevention, but NGOs are increasingly important actors since most contemporary conflicts concern unstable state-society relations. (Inter)governmental-NGO relations in conflict prevention are characterized by cost-benefit calculations, shared normative concerns as well as competing understandings of peace. As a way of bridging the gap between theory and practice, the author argues for a stronger emphasis by academics on diagnosis and cumulative knowledge of contemporary conflicts rather than endeavors to predict them. (p. 12)
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1145. Alger, Chadwick (2002). “The Emerging Roles of NGOs in the UN System: From Article 71 to a People’s Millennium Assembly.” Global Governance, 8(1):93–117. An informative article on the emerging and influential roles of non-governmental organizations (NGOs) within the United Nations. The author addresses the following issues: (1) evolving procedures for UN-NGO relations presided over by the Economic and Social Council (ECOSOC); (2) broadening of NGO involvement at UN headquarters; (3) the present scope of NGO involvement in the UN system; (4) increasing NGO involvement in the World Bank and the World Trade Organization (WTO); and (5) NGO conferences. In part, the author discusses the involvement of such organizations as Amnesty International, Médecins Sans Frontières , Oxfam, and CARE and others that have, in one way or another, addressed major human rights infractions, including genocide over the years. For example, in an “unprecedented informal briefing” in February 1997, members of key NGOs active in conflict areas told UN Security Council members, in part, that “humanitarian action in Africa’s Great Lakes Regions [was] being used as a substitute for political action” (p. 102). Furthermore, they “stressed the grave access problems they faced in Rwanda, Burundi, and particularly in eastern Zaire, and called for a commitment comparable to the one required to address the situation in the former Yugoslavia” (p. 102). In September 1997, “the secretary-general of Amnesty International briefed the Security Council in an ad hoc meeting on human rights considerations in the prevention and management of conflict and in ensuring the rebuilding of societies” (p. 102). More specifically, he “stressed the importance of reports of human rights violations as the first step in establishing accountability, which he said changes the behavior of belligerents . . . [,and] said that “analysis of human rights reports for patterns of violations allows early identification of signs of impending conflict” (p. 102). 1146. Alger, Chadwick F. (Ed.) (1998). The Future of the United Nations System: Potential for the Twenty-First Century. Tokyo: United Nations University Press. 450 pp. Twenty-two scholars from across the globe contributed twelve chapters to this book that address such issues as prevention of violence, creating economic and social structures that sustain human fulfillment, sharing and protecting the commons, and peace education. Included in the text are sixty-six recommendations for new institutions and programs vis-à-vis a variety of issues, including the collaboration between UN peacekeepers and NGOs, and the development of a NGO Rapid Response Teams.
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1147. Alker, Hayward R; Gurr, Ted Robert; and Rupesinghe, Kumar (Eds.) (2001). Journeys Through Conflict: Narratives and Lessons. Lanham, MD: Rowman & Littlefield Publishers. 462 pp. This book includes two chapters that address the efforts of NGOs in conflict prevention work: “Non-conventional Diplomacy: Experiences of NGOs and People’s Participation in Selected Peace Processes” by Sanam Naraghi Anderlini, Ed Garcia, and Kumar Rupesinghe, and “A Comparative Look at Early Warning Indicators: PIOOM, the State Failures Project, and CEWS Cases” by Alex P. Schmid. 1148. Brugnola, Orlanda; Fein, Helen; and Spirer, Louise (Eds.) (1999). Ever Again?: Evaluating the United Nations Genocide Convention on Its 50th Anniversary and Proposals to Activate the Convention. New York: Institute for the Study of Genocide. 99 pp. The articles included herein are papers that were delivered at a conference (“Ever Again? Evaluating the United Nations Genocide Convention on Its 50th Anniversary and Proposals to Activate the Convention”) sponsored by the Institute for the Study of Genocide (December 2–3,1998). The conference was designed not only to review the problem which the Convention addresses—the prevention and punishment of genocide—but to consider what could be done to reinforce the United Nations’ actions under the Convention. This booklet, in part, includes the following pieces: “What Can Governments, International Organizations, and Non-Governmental Organizations Do Now to Prevent Genocide” by Michael McClintock, and “The Role of Human Rights Non-Governmental Organizations in the Prevention of Genocide: A Skeptical View” by Morton Winston. 1149. Darbishire, Helen (2002). “Non-Governmental Perspectives: Media Freedom Versus Information Intervention,” pp. 329–364. In Monroe E. Price and Mark Thompson (Eds.) Foreign Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In this chapter, Darbishire, a human rights activist and researcher specializing in the field of freedom of expression and information, “examines the approaches of NGOs to intervention in the media environment in situations of actual or potential conflict and the role NGOs play in the development of policies concerning ‘information intervention’” (p. 329). The chapter is comprised, in part of the following sections: Democratic Debate and Conflict Prevention (The Information Intervention of Choice:
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Internal Alternatives; Crossing Bridges: Media and Conflict Prevention; Media Assistance as Humanitarian Aid); Before the Rain: Democratization Versus Stability In Macedonia (The Consequences of Failure); Developing and Implementing Mandates: The Professional Approach); and Conclusions: Resolving Policy Disputes. 1150. DeMars, William E. (2002). “Transnational Non-Governmental Organizations: The Edge of Innocence,” pp. 193–210. In E. Wayne Nafziger and Raimo Väyrynen (Eds.) The Prevention of Humanitarian Emergencies. New York: Palgrave. In his introduction, DeMars, who has taught international relations at the American University in Cairo and the University of Notre Dame, writes: Do international NGOs contribute to early warning and conflict prevention? The short answer can be “Yes,” “No,” or “It depends.” The following three sections of this chapter unpack this paradoxical response. The first section argues that NGOs are integral to the conflict prevention agenda, and presents the case for preventive action. The second identifies several structural limitations on NGO effectiveness. The third section summarizes the challenges of overcoming the limitations and achieving conflict prevention. The conclusion highlights the dilemmas of conflict prevention by “throwing NGOs at the problem” (p. 194).
1151. Hackett, Kenneth (2000). “International NGOs in Preventing Conflict,” pp. 273–285. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. Hackett, executive director of Catholic Relief Services, comments as follows in regard to the focus of his chapter: It is the thesis of this chapter that many international NGOs by their mandates and by their access to communities, societal structures, and traditional and moral leaders, have a unique role to play in preventing conflict. Economic development is not sufficient to build a cohesive society. Integral human development—which includes social, political, cultural, psychological, intellectual, spiritual, physical, and economic development—helps people find an alternative to violent conflict. Many international NGOs facilitate this process by strengthening indigenous institutions and supporting their role in civil society to work toward the common good, and by carrying out integral human development as a means to eradicate poverty and injustice. Civil society can be a stabilizing force, acting as a buffer and providing the possibility for civil dialogue to de-escalate local tensions. This chapter reviews the nature of today’s conflict and the roles that NGOs can play in developing civil society, promoting human development, working toward justice, and building peace. (p. 274)
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1152. Hara, Fabienne (1999). “Burundi: A Case of Parallel Diplomacy,” pp. 139–158. In Chester A. Crocker, Fen Osler Hampson, and Pamela Aall (Eds.) Herding Cats: Multiparty Mediation in a Complex World. Washington, D.C.: United States Institute of Peace Press. Hara, a political analyst and project coordinator for the International Crisis Group’s Central Africa Program, examines the expansion of private actors into the diplomatic field, and the increased attention that the foreign policy elite is now devoting to the concepts of conflict prevention, conflict resolution, and “track two” or “parallel diplomacy.” In her introduction, Hara states that The new trend has been especially visible in Burundi, which, after the Rwandan genocide, became a test case for post-Cold War intervention in a domestic conflict. In Burundi, external actors initiated a large number of explicitly conflict-oriented activities, in addition to the more standard humanitarian and development programs. However, although nongovernmental organizations (NGOs) proved to have competitive advantages in dealing with the conflict and had accomplishments to their credit, they also augmented the fragmentation of the international response. The competing definitions of the problems and the resulting mismatch of responses led to a general misdiagnosis of the conflict’s most critical factors. The experience of Burundi also shows that efforts by private actors, however well intentioned, cannot substitute for strategic commitment by states to deal with issues of violence. (pp. 139–140)
1153. Knight, Gerald (1982). “A Genocide Bureau.” [This untitled talk was given the title “A Genocide Bureau” by Israel Charny in his annotation of it in Genocide: A Critical Bibliographic Review. London: Mansell, 1988] Text of talk delivered at the Symposium on Genocide, London, March 20, 1982 (organized by a group that later created the organization International Alert. Mimeographed. Available from the Baha’i International Community, 866 United Nations Plaza, New York, N.Y. 10017). 14 pp. In his annotation of this talk, Israel Charny (1988) reports that In the first part of this address, Knight presents the history, tradition and current embattled status of the Baha’is, a worldwide religious group that originated in Iran and which is committed to peace and the universality of man. It has been subjected to persecution and murder by the Khomeini regime. In the second part, Knight proposes the establishment of a “Genocide Bureau” that is very similar to Charny’s proposal for a Genocide Early Warning System, the work of International Alert, and Kutner’s World Genocide Tribunal. “At the moment, there is no . . . central clearing house for cases of genocide . . . the very existence of such a body would alert the world” (p. 14).
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1154. Kuper, Leo (1992). “Reflections on the Prevention of Genocide,” pp. 135– 161. In Helen Fein (Ed.) Genocide Watch. New Haven, CT: Yale University Press. In this essay, Kuper offers various suggestions regarding the potential prevention of genocide. The first part of the chapter focuses on the setting of standards that might contribute to the prevention of genocide. The second part addressees what Kuper refers to as “active campaigning” against genocide by nongovernmental organizations (NGOs) and others. The latter discussion is based, in part, on the work of International Alert Against Genocide and Mass Killing, which Kuper co-founded. Subsections of this discussion are entitled “Reflections on Experience in Campaigning Against Genocide” and “International Alerts.” The chapter concludes with a section entitled “Potentialities for Preventive Action.” 1155. Lund, Michael S. (1996). Preventing Violent Conflicts: A Strategy for Preventive Diplomacy. Washington, D.C.: Institute of Peace Press. 220 pp. Herein, the author defines early warning and preventive diplomacy; reviews numerous preventive efforts conducted in the 1990s, discusses which methods work, and why; and suggests how multilateral and national entities (especially the U.S. government) can overcome operational challenges to effective preventive action. The book concludes by sketching the outlines of a more systematic, global preventive regime, one that draws on the strengths of individual states, the United Nations, regional organizations, and NGOs. 1156. Nafziger, E. Wayne, and Väyrynen, Raimo (Eds.) (2002). The Prevention of Humanitarian Emergencies. New York: Palgrave. 322 pp. This collection of essays addresses a host of issues related to preventing humanitarian emergencies. More specifically, the contributors provide an analysis and an inventory of instruments for donors, international agencies and developing countries to prevent humanitarian emergencies. The emphasis is on long-term development policies rather than mediation or reconstruction after the conflict ensues. Policies include democratization, reforming institutions, strengthening civil society, improving the state’s administrative capability, agrarian reform, accelerating economic growth through stabilization and adjustment, reducing inequalities, and redesigning aid to be more stable. Among the areas of conflict addressed are: Burundi, Bosnia, and Rwanda. One section of this book includes a chapter entitled “Transnational NonGovernmental Organizations: The Edge of Innocence” by William E. DeMars.
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1157. Nicolaïdis , Kalypso (1996). “International Preventive Action: Developing a Strategic Framework,” pp. 23–69. In Robert I. Rotberg (Ed.) Vigilance and Vengeance: NGOs Preventing Ethnic Conflict in Divided Societies. Washington, D.C.: Brookings Institution Press. Nicolaïdis, assistant professor of public policy at the Kennedy School of Government at Harvard University, addresses the following questions: “What is the comparative advantage of NGOs and how can they best collaborate with governments?” “What is or should be the role of early warning in international preventive action, and what should be the role of NGOs in providing what types of early warning?” “Under what conditions should NGOs be involved in formulating and even in helping to implement responses to early warning?” and “More important, to what extent does prevention require early warning at all, and what can be done to strengthen the prediction-free dimension of prevention?” (pp. 26–27) The essay is comprised of the following sections: The Critiques of Prevention: Delusion, Perversion and Diversion; Assessing Requirements for Preventive Action: The Conflict Prevention Cycle; Categories of Preventive Action; Four Paradigms of International Preventive Action (Coercive Diplomacy, Institutional Inducement, Cooperative Management, and Transformative Prevention); Combining Approaches: A Strategic Road Map; and Building a Culture of Prevention. 1158. O’Neil, Maureen, and Tschirgi, Necla (2002). “The Role of Research and Policy Analysis,” pp. 275–296. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. The sections that comprise this chapter are: The Knowledge Base of Conflict Prevention, and New Mechanisms for Linking Research, Policy and Action in Conflict Prevention (Carnegie Commission on Preventing Deadly Conflict, Forum on Early Warning and Early Response, International Crisis Group, Peace Implementation Network, Conflict Prevention Network, European Platform for Conflict Prevention and Transformation, and International Institute for Democracy and Electoral Assistance). 1159. Rotberg, Robert I. (Ed.) (1996). Vigilance and Vengeance: NGOs Preventing Ethnic Conflict in Divided Societies. Washington, D.C. Cambridge, MA: Brookings Institution Press and the World Peace Foundations, respectively. 277 pp. In the preface to this book, Rotberg writes as follows: Ethnic, religious, and cultural fratricide remains a constant global theme. The end of the Cold War unleashed long-suppressed rivalries and hatreds.
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. . . Not all of Europe, Asia, Africa, or Latin America is tense and inflamed by ethnic and religious animosity. In some situations non-governmental organizations (NGOs), local and international, have helped to bring conflicts back from one or more brinks. What lessons about early warning, early action, and preventive diplomacy have been learned? Discerning those lessons and stanching continuing hostilities around the globe motivated an urgent project sponsored by the World Peace Foundation and the Program on Non-Governmental Organizations of the Harvard Institute for International Development. Could NGOs help peace break out? Could their efforts improve the world’s ability to contain ethnic and religious violence through the exercise of preventive diplomacy? In particular, could NGOs contribute to the early warning of conflicts and thus to early action that would reduce their intensity and potentially diminish killings? . . . Convened exactly a year after the massacres in Rwanda, amid continuing troubles in Burundi . . . , the meeting explored the role that NGOs had played and could play in reducing ethnic and religious conflict in troubled countries. The meeting . . . was devoted to both theory and practice and to drawing out the lessons for preventive diplomacy and early warning derived from the cases. The participants in the discussions came from relief and human rights NGOs, both local and international; from diplomatic ranks; from the academy; from the press; and from foundations with interests abroad. The participants discovered that preventive diplomacy represents a host of efforts on the part of both local and international NGOs, sometimes in concert, often not. Likewise, early warning embraces a kaleidoscope of early, not-so-early, and belated bellringings. In Rwanda those signals were heeded only far too late. In Macedonia and Burundi, early warning has been ample, but killings continue anyway in Burundi. Early warning, however, has not always been followed by effective early action—certainly not in Rwanda or Burundi . . . (pp. vi–vi).
The book is comprised of the following parts and chapters: International Preventive Action (“Introduction” by Emily MacFarquhar, Robert I Rotberg, and Martha A. Chen; 1. “International Preventive Action: Developing a Strategic Framework” by Kalypso Nicolaïdis); Guatemala (2. “The Search for Peace and Justice in Guatemala: NGOs, Early Warning, and Preventive Diplomacy” by Tom Lent; 3. “Guatemalan Indigenous NGOs and Their Capacity for Early Warning” by Rachel M. McCleary); Macedonia (4. “International NGOs in Preventive Diplomacy and Early Warning: Macedonia” by Eran Fraenkel; 5. “NGOs, Early Warning, and Preventive Action: Macedonia” by Violeta Petroska Beska); Sri Lanka (6. “Sri Lanka’s Ethnic Conflict and Preventive Action: The Role of NGOs” by Neelan Tiruchelvam); Nigeria (7. “Before ‘Things Fall Apart’ in Nigeria: The Role of Non-Governmental Human Rights Organizations in Conflict Prevention” by Melissa E. Crow and Clement Nwankwo); The Sudan (8. “Sovereignty and Humanitarian Responsibility: A Challenge for NGOs in
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Africa and the Sudan” by Francis M. Deng); Rwanda (9. “Making Noise Effectively: Lessons from the Rwandan Catastrophe” by Alison L. Des Forges); Burundi (10. “Humanitarian Assistance and Conflict Prevention in Burundi” by Richard A. Sollom and Darren Kew); and NGOs, Early Action, and Preventive Diplomacy (11. “Conclusion: NGOs, Early Warning, Early Action, and Preventive Diplomacy” by Robert I. Rotberg). 1160. Rowlands, Dane; and Joseph, Troy (2003). “The International Monetary Fund and Conflict Prevention,” pp. 207–230. In David Carment and Albrecht Schnabel (Eds.) Conflict Prevention: Path to Peace or Grand Illusion? New York: United Nations University Press. The authors (a professor of international affairs and Ph.D. candidate in economics, respectively), analyze the role of the International Monetary Fund (IMF) in regard to civil conflict. More specifically, [The article] begins by reviewing the literature linking economic factors generally, and IMF programmes specifically, with civil conflict. A second section presents a statistical analysis of civil conflict with a focus on Fund activity. A review of IMF conditionality and its possible connection to conflict is then provided. Then the role of the IMF in conflict early warning, prevention, and resolution and reconstruction is discussed. A final section presents some preliminary policy lessons and outlines future research issues. (p. 207)
1161. Rupesinghe, Kumar with Sanam Naraghi Anderlini (1998). Civil Wars, Civil Peace: An Introduction to Conflict Resolution. London: Pluto Press. 179 pp. The authors present what they deem to be “a radical new approach” to conflict prevention, resolution, and diplomacy. In doing so, they provide an overview of conflict in the post-Cold War world, covering such key topics as identifying and assessing early warnings of conflict, and the need to take early action; information gathering and analysis; and the need for preventive diplomacy. In particular, the role of nongovernmental organizations and other third party mediators in conflict resolution is considered. The book includes a chapter that addresses, in part, the role of NGOs in conflict prevention: “The Diplomacy Continuum” (Pitched into a New Era—The UN’s Recent Developments; What Alternatives Exist?—Non State Actors; Basic Observations on Third Party Intervention; BurdenSharing; Multi-Track Diplomacy; Third Party NGO Intervention—The Decision to Engage Complementary Initiatives Through Conflict Phases; Evaluations and Effectiveness). 1162. Rupesinghe, Kumar (1996). “Conflict Resolution: Current Options and New Mechanisms,” pp. 337–355. In Donald Clark and Robert Williamson (Eds.)
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Self Determination: International Perspectives. New York: St. Martin’s Press. The secretary general of the London-based International Alert provides a succinct survey of existing mechanisms whose purpose is to prevent conflict from becoming violent. Among the mechanisms he discusses are the International Convenants, The Committee on Human Rights, The Declaration on Minority Rights, The Commission on Human Rights, The Special Committee on Decolonization, The Trustee Council, and The Conference on Security and Cooperation in Europe’s High Commissioner on National Minorities. He also highlights and discusses a proposal for reform within the United Nation’s System (An Agenda for Peace, including the establishment of a Special Commissioner for Human Rights), and the strengthening of coordination within and between UN departments and organizations engaged in the policy and security elements of conflict prevention and those in the human rights, humanitarian and development fields. Finally, he explores the special role nongovernmental organizations (NGOs) could play (e.g., the development of a global consortium, the development of consultative mechanisms, and the improvement of information flows). 1163. Rupesinghe, Kumar (1999). “International Alert and the Prevention of Genocide,” pp. 359–362. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. Presents an overview of the International Alert, a nongovernmental organization (NGO) dedicated to addressing incipient conflict in regions/nations across the globe with the aim of helping the actors involved in conflict to resolve them peacefully. 1164. Smock, David R. (Ed.) (1997). Creative Approaches to Conflict in Africa: Findings from USIP-Funded Projects. Washington, D.C.: United States Institute of Peace. 31 pp. Chapter 2 of this booklet (“NGOs Engaged in Preventive Action,” pp. 5-7) highlights, in part, the focus and efforts of the Burundi Policy Forum—established in 1995 by four organizations (the Center for Preventive Action of the Council on Foreign Relations, Search for Common Ground, Refugees International, and the African-American Institute) with funding from the U.S. Peace Institute to address the growing crisis in Burundi. More specifically, it was formed to coordinate the NGOs working in Burundi on a wide variety of issues (1. providing humanitarian assistance to refugees from Rwanda in Burundi and to displaced persons within Burundi; 2. offering conflict resolution training in Burundi; and 3. working on civil-military relations, democratization, human rights and other activities, among others) as well as to coordinate their efforts with the U.S. government and the UN Security Council’s Special Representative in Bujumbura.
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1165. Sriram, Chandra Lekha, and Wermester, Karin (Eds.) (2003). From Promise to Practice: Strengthening UN Capacities for the Prevention of Violent Conflict. Boulder, CO: Lynne Rienner Publishers. 434 pp. Sriram (lecturer in international relations at the University of St. Andrews, Scotland), and Wermester (who is with the UN Resident and Humanitarian Coordinator’s Office in Sudan) examine how the United Nations, regional and subregional organizations, government donors, and other policy makers best apply the tools of conflict prevention to the wide range of intrastate conflict situations found in the field. The detailed case studies and analytical chapters offer operational lessons for fashioning strategy and tactics to meet the challenges of specific conflicts, both potential and actual. The book includes chapters on the situations in East Timor and Burundi, among others, in the late 1990s and beyond. 1166. Sriram, Chandra Lekha, and Wermester, Karin (2002). “Preventive Action at the United Nations: From Promise to Practice,” pp. 381–398. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. See annotation # 1081. 1167. Stedman, Stephen Jay (1999). International Actors and Internal Conflicts. New York: Project on World Security, Rockefeller Brothers Fund. 31 pp. In this report, Stedman, senior research scholar at the Center for International Security and Cooperation at Stanford University, examines, in part, the role of various international actors, including states, international organizations, regional organizations, and non-governmental organizations (NGOs) in conflict prevention efforts. 1168. Totten, Samuel (1994). “Non-Governmental Organizations Working on the Issue of Genocide,” pp. 325–357. In Israel W. Charny (Ed.)The Widening Circle of Genocide. New Brunswick, NJ: Transaction Publishers. In this chapter, Totten, an independent genocide scholar, presents a discussion of the work and efforts of key nongovernmental organizations (NGOs)—some of which focus on the prevention of genocide—and an annotated list of organizations. The essay concludes with a section entitled “Suggestions for Strengthening Efforts.” (pp. 334–339) 1169. Totten, Samuel (2005). “The Role of Nongovernmental Organizations in Addressing the Prevention, Intervention, and Punishment of Genocide in the 1980s, 1990s, and Early 2000s,” pp. 75–111. In Samuel Totten (Ed.) Genocide at the Millennium: Genocide: A Critical Bibliographic Review, Volume 5. New Brunswick, NW: Transaction Publishers.
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In this chapter, Totten discusses the efforts of select nongovernmental organizations (NGOs) that specifically addressed situations either slouching towards genocide and/or those that had already degenerated into genocide in the 1990s. More specifically, he addresses the work they carried out, and the critical challenges they faced (and continue to face) in carrying out their work. Among the organizations discussed are: Aegis Trust, Amnesty International, Genocide Watch, Society for Threatened Peoples, Human Rights Watch, International Alert, the International Campaign to End Genocide, the International Commission of Jurists, the International Crisis Group, the International Human Rights Law Group, Lawyers for Human Rights, and Physicians for Human Rights. A particularly interesting aspect of the chapter addresses the issue of collaborative efforts. The narrative/analysis is accompanied by a lengthy annotated bibliography. 1170. Wohlgemuth, Lennart (1998). “Conflict Prevention in Burundi: A Case Study,” pp. 87–99. In Peter Wallensteen (Eds.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. In the Introduction, Wohlgemuth writes: Since the coup in October 1993 Burundi has been in a severe crisis. The international community has been very active as regards support aimed at preventing conflict and contributing to a process of achieving sustainable peace in the country. Inspite of all the efforts very little progress has been made towards a peaceful resolution of the conflict. This essay reflects the situation up to the end of 1997 and are described [herein], and the question is asked whether the lack of results is due to the ways and means of delivery of the preventive support or of other external factors. The author is informed by his own participation in the process and as one of the evaluators of International Alert’s activities in Burundi.” (p. 87)
Findings and suggestions from the evaluation of International Alert’s work in Burundi in 1997 include the following: 1. The importance of information gathering and exchange being built into the programme as a continuous process; 2. Peace building is best done in partnership—both local and international; 3. For a small NGO [nongovernmental organization] it is important to act as a catalyst, facilitator and/or fund-raiser in the implementation of a well defined programme of peace-building rather than keeping the project for itself; 4. There are no quick fixes in peace-building; 5. Good development . . . offers relevant principles for conflict-related work (long-term strategy, importance of institution building, ownership, etc.);
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6. Increasing access and equity among all components of the population is integral to the process of a durable peace; 7. The centrality of dialogue as a means to building peace; 8. Training is an important method in peace-building, but it should (a) be part of a long-term strategy rather than an activity on its own, and (b) create space for further dialogue rather than making people accept the status quo; and 9. Conflict resolution is best done quietly. (p. 98) D. Individual Nations 1171. Anglin, Douglas (2002). Confronting Rwanda Genocide: The Military Options: What Could and Should the International Community Have Done? (Paper Number 6 of the Pearson Papers).Clementsport, Nova Scotia: The Canadian Peacekeeping Press of the Pearson Peacekeeping Centre. 49 pp. This essay “explores promising courses of action that, given the necessary political will, would have been military feasible and morally justifiable. It assesses realistically their prospects of success in checking the hemorrhage in Rwandan lives and identifies the circumstances and significance of the opportunities missed. Particular attention is paid to the time frame [of the events].” The booklet is compromised of the following sections: I. “Deterrence: January 1994” (Cordon and Search: 1. Time Frame; 2. Capabilities; 3. Mandate; 4. Political Will; 5. Consequences; and 6. Descent into Genocide); II. “Opportunity: April 1994” (Optimizing Opportunities: 1. Time Frame; 2. Capabilities; 3. Mandate; 4. Political Will); III. “Operationalizing Opportunities” (1. UNAMIR; 2. Dallaire Plan; 3. Safe Havens; 4. Multinational Force; 5. US Intervention Force; 6. Paracommando Strike; 7. Evacuation Forces; 8. Rwandan Forces); and “Conclusion.” 1172. Bercovitch, Jacob (1998). “Preventing Deadly Conflicts: The Contribution of International Mediation,” pp. 23–248. In Peter Wallensteen (Ed.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. In his conclusion, Bercovitch argues the following: The international community can no longer respond to conflict in an ad hoc manner; that is, to take some action in one conflict and ignore others, or respond with various gestures only when large-scale human suffering has already occurred. . . . If the international community is keen to avoid further Bosnias and Rwandas, it must develop comprehensive programs for preventing and managing violent conflicts. Small states, large states, regional organizations and the United Nations must all seize the moment to adopt clear objective (sic) and a
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framework underpinned by institutional structures that can put into effect the policies and principles of conflict prevention. There is no more cost-effective approach to promote peace and ensure security and well-being. A successful regime of conflict prevention must include mediation as a central component. Mediation is not a panacea, nor can it solve or prevent all conflicts. Since so many of today’s conflicts have significant intrastate dimensions (and given their general intractability and the parties’ reluctance to use formal, traditional diplomacy), mediation can facilitate a solution before these become politicized and violent. Because it offers a low-key, away-from-thespotlight approach, because it is voluntary and non-coercive in nature (in which there is no blaming or labeling), mediation can be a particularly useful tool in a multifaceted regime of conflict prevention. With its perceived impartiality and fairness, informality and flexibility, and lack of hidden agenda, mediation can strengthen international capacity for preventing deadly conflicts. Like other diplomatic tools, mediation may work better in some conflicts and not so well in others. The task of the scholarly community is to help identify those internal conflict situations in which mediation is an appropriate policy instrument and those situations that may require other policies. The challenge facing the policy-making community is to set up regional agencies and organizations, drawing on a panel of experts, to monitor conflict situations and offer the kind of well-trained professional services that can prevent serious conflicts from escalating into open violence. (p. 248)
1173. Berfield, Susan (1992). “Susan Berfield: An Interview with George Kenney—Does Bosnia Matter to the United States?” World Policy Journal, Fall/Winter, 9(4):639–654. An interview with George Kenney, who was deputy chief and then acting chief of Yugoslav affairs in the U.S. State Department from February 1992 until his resignation on August 25, 1992, in protest over the United States’ “uninformed and ineffective” handling of Yugoslavia’s break-up and Bonsia’s breakdown. In the course of the interview Kenney explains why he believed the U.S. government was hesitant to act, neglected to act, and the ramifications of the latter for the Bosnians, the U.S., and the larger world. 1174. Brown, Michael E., and Rosecrane, Richard N. (1999). The Costs of Conflict: Prevention and Cure in the Global Arena. Lanham, MD: Rowman & Littlefield. 277 pp. Written under the auspices of the Carnegie Commission on Preventing Deadly Conflict, this book is comprised, in part, of the following parts and chapters: chapter 1. “Comparing Costs of Prevention and Costs of Conflict: Toward a New Methodology”; Part One: Failed Prevention (chapter 2. “Bosnia”; chapter 3. “Rwanda”; chapter 4: “Somalia”); Part Two: Initial Prevention (chapter 7. “Macedonia”; chapter 8. “Slovakia”); and Part Three: Mid-Course Prevention.
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1175. Burg, Steven L. (1994). “Ethnic Nationalism, Breakdown, and Genocide in Yugoslavia: Comment on Helen Fein’s ‘Patrons, Prevention and Punishment of Genocide and Proposals for the Future,’” pp. 14–20. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York Institute for the Study of Genocide. Burg discusses both the breakdown of the Yugoslav state as well as the concept of “preventive engagement.” In regard to the latter, Burg correctly observes and then argues as follows: “By the time genocidal warfare has broken out, it is too late to affect local behaviors in this way. This is why I have called on America and other democratic policymakers to establish a broad range of mechanisms for what I have termed ‘preventive engagement.’ These include, for example, the establishment of an international corps of civilian police investigatory and judicial personnel to facilitate the peaceful settlement of isolated inter-ethnic incidents, to identify and punish perpetrators, and to help governments prevent retaliatory attacks on civilian populations” (p. 18). 1176. Campbell, Kenneth J. (2001). Genocide and the Global Village. New York: Palgrave. 178 pp. This book is comprised of the following chapters: “Introduction: Return of an ‘Odious Scourge’”; 1. “The Grand Strategic Context”; 2. “Misunderstanding Genocide”; 3. “Misusing Force”; 4. “Misreading the Public”; 5. “Genocide in Bosnia”; 6. “Genocide in Rwanda”; 7. “Genocide in Kosovo”; 8. “Remedy”; and “Conclusion.” In chapter 8 (“Remedy”), Campbell comments on the failure of the international community to halt contemporary genocide and then comments on “signs of progress” and “the limits of progress.” He also briefly discusses the need to build political will, “enhance international capacity,” and “consolidate normative consensus” vis-à-vis preventing and/or stopping genocide. 1177. Cortright, David (1997). “Incentives, Strategies for Preventing Conflict,” pp. 267–301. In David Cortright (Ed.) The Price of Peace: Incentives and International Conflict Prevention. Lanham, MD: Rowman & Littlefield Publishers. Cortright, a fellow at the Joan B. Kroc Institute for International Peace Studies at the University of Notre Dame, identifies “the variables that account for the success or failure of inducement policies. [More specifically,] the chapter examines the nature of the issues involved, the players and their relationships, and the characteristics of incentives instruments themselves. It concludes with observations about the role of military assistance, foreign aid, and international trade” (p. 268).
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The chapter is comprised of the following sections: The Model of Cooperative Democratic Development; Shaping an Incentives Policy (Strategic Design, Value, Delivery, Timing, Avoiding the Risks of Appeasement, Mixing Carrots and Sticks); The Players and Their Interests; Policy Issues (Military Assistance: A Two-Edged Sword; and Foreign Aid: The Neglected Incentive); and The Power of Trade: A Global Strategy. 1178. Cortright, David (Ed.) (1997). The Price of Peace: Incentives and International Conflict Prevention. Lanham, MD: Rowman & Littlefield. 347 pp. A “spin-off” of The Carnegie Commission on Preventing Deadly Conflict, the contributors to this book examine the potential use of “incentives” to reduce tensions and prevent the escalation of conflicts. A key point made herein is that very little attention has been given to either the theoretical or policy-oriented research regarding the use of incentives—especially in comparison to the plethora of literature on the use of deterrence, coercion, and sanctions. The book includes nine case studies—four of which address regional conflict resolution and two on multilateral organizations. 1179. Falk, Richard (1996). “Meeting the Challenge of Genocide in Bosnia: Reconciling Moral Imperatives with Political Constraints,” pp. 125–135. In Charles B. Strozier and Michael Flynn (Eds.) Genocide, War, and Human Survival. Lanham, MD: Rowman & Littlefield Publishers. In this fascinating and thought-provoking essay, Falk, the Milbank Professor of International Law and Practice at Princeton University, examines “Why intervention to prevent genocide was never a genuine option for Bosnia” (pp. 129–131), and then discusses what he perceives can be done to “reduce the ambit of harm and to work toward the effective elimination of genocide from human experience” (p. 131). Falk goes onto to argue that “If international political life is to be better protected against genocide, transnational social forces will have to make a greater effort. Governments of liberal democracies and inter-governmental institutions can only be helpful in this effort if pushed hard from below; to rely on governmental actors to carry out an anti-genocide campaign, whether in Bosnia or in general, is to misunderstand the pattern of international relations over the course of the last two hundred years” (p. 134). In a section of the essay entitled “Why Intervention to Prevent Genocide Was Never a Genuine Option for Bosnia,” Falk asserts the following: There are several conclusions that emerge from this analysis of the challenge of genocide in Bosnia: • The humanitarian element in the unfolding diplomacy of shallow intervention was mainly a response to “the CNN factor,” intended to minimize
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civilian suffering on route to a negotiated settlement that accepted as “fact” the results of “ethnic cleansing,” and did not embody the view that genocidal policies must not be allowed to succeed or that the survival of secularism in former Yugoslavia was a strategic interest for Europe and the United States; • Deeper intervention to prevent genocide and aggression would have required a major commitment of resources and occupying forces for a period of uncertain duration, which never became a possibility because of the absence of perceived strategic interests in relation to these goals; • Challenging genocide by interventionary diplomacy is unlikely to occur, unless its occurrence is entwined in larger strategic interests, until political leaders and their main advisors are ideologically reoriented to regard moral, legal, and humanitarian concerns as integral to the pursuit of “national interests” in a globalized world order given the current conjuncture of forces in the world.” (pp. 130–131)
1180. Fein, Helen (1994). “An Interview with Alison L. Des Forges: Genocide in Rwanda Was Foreseen and Could Have Been Deterred,” pp. 21–31. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. In this interview, Alison Des Forges (a noted human rights researcher with Human Rights Watch, and co-chair of the International Commission on Human Rights Abuses in Rwanda 1992–1993), asserts, in part, the following: the donor states and international organizations working in Rwanda “could and should have anticipated” the 1994 genocide in Rwanda (p. 21); the genocide was pre-conceived by the perpetrators; the international community was not resolute in holding the Rwandan government and the RPF [Rwandan Patriotic Front] to the [Arusha] peace accords signed on August 4, 1993; and “aid-giving countries have not in the past taken seriously human rights abuses or the threat of massive abuses and operated on the theory that we have to deal only with the economic situation and once we’ve done that the political situation will take care of itself” (p. 17). 1181. Fein, Helen (1999). “Patrons, Prevention and Punishment of Genocide: Observations on Bosnia and Rwanda,” pp. 5–13. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. This short piece by Fein is packed with key observations and recommendations vis-à-vis the issue of the prevention of genocide. At the outset Fein states that “My thesis is that genocide is preventable (as are political mass murders) because it is usually a rational act. That is, the perpetrators calculate the likelihood of success, given their values and objectives. One of the reasons it is likely to succeed is that it is not deterred by other countries—indeed, the patrons of the perpetrators often aid them” (p. 5).
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Among the many suggestions Fein makes are the following: “We need to heighten the awareness of the patrons and press them to prevent genocide by (a) coordinating the promises of donors re., withdrawing aid and making further aid contingent on observing life-integrity rights (not tolerating massacres, extrajudicial executions, ‘disappearances,’ or torture); (b) isolating and suppressing extremist parties which use violence; (c) promoting interdependent solutions; and (d) warning the instigators that genocide will not pay. To do this, we have to make sure it does not pay and to stop paying off the perpetrators” (p. 9). 1182. Fein, Helen (1982). “On Preventing Genocide,” pp. 269–279. In Jack Porter (Ed.) Genocide and Human Rights: A Global Anthology. Lanham, MD: University Press of America. One of the many key issues that Fein addresses herein is the type of actions governments could undertake to prevent genocide and the pros and cons of such actions. 1183. Fein, Helen (Ed.) (1994). The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. 44 pp. This “working paper” includes the following essays: “Patrons, Prevention and Punishment of Genocide: Observations on Bosnia and Rwanda” by Helen Fein; “Ethnic Nationalism, Breakdown, and Genocide in Yugoslavia: Comment on ‘Patrons, Prevention, and Punishment for Genocide’ and Proposal for the Future” by Steven L. Burg; “An Interview with Alison L. Des Forges: Genocide in Rwanda was Foreseen and Could Have Been Deterred” by Helen Fein; and “U.S. and UN Actions Escalate Genocide and Increase Costs in Rwanda” by Milton Leitenberg. 1184. Freeman, Michael (1999). “The Role of Institution Building in the Prevention of Genocide,” pp. 205–222. In Roger W. Smith (Ed.) Genocide: Essays Toward Understanding, Early-Warning, and Prevention. Williamsburg, VA: Association of Genocide Scholars and the Department of Government, College of William and Mary. In this essay, Freeman’s argument is basically as follows: “Genocide scholars have generally pinned their hopes for the prevention of genocide on thirdparty intervention . . . , [but] that is not the only option and not always the most promising one. The development of democratic social institutions is at least as important. The misleadingly named ‘international community’ suffers from a defect similar to that found in societies that are especially vulnerable to genocide: it is under-institutionalized. It has institutions for intervention, but they are not only under-resourced, they are directed by state elites who are not strongly motivated to make them effective” (p. 218).
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1185. Hirsch, Herbert (2002). Anti-Genocide: Building an American Movement to Prevent Genocide. Westport, CT: Praeger Publishers. 213 pp. This book by Herbert Hirsch, professor of Political Science at Virginia Commonwealth University in Richmond, Virginia, is comprised of the following: Part I: Genocide and Political Movements (1. “Building a Movement to Stop Genocide”; 2. “Genocide and Public Opinion: A Comparison of the Policy-Making Elite and the General Public”; 3. “Putting Pressure on U.S. Political Institutions”); Part II: Guilty Secrets: Genocide and the Failure of U.S. Foreign Policy During the Clinton and Bush Administrations (4. “The Failure of Prevention: Bosnia”; 5. “A Second Failure of Prevention: The Rwandan Genocide”; 6. “Lessons from the Late Twentieth and Early Twenty-First Centuries: Kosovo, Clinton and Bush”); and Part III: Genocide and the Politics of Prevention (7. “A Foreign Policy to Prevent Genocide: The Practicality of Morality”; 8. “U.S. Foreign Policy in the New Century”; 9. “Reflections on ‘Ethics,’ ‘Morality’ and ‘Responsibility’: Thinking about a New Political Consciousness for a New Century”; 10. “Inculcating an Ethic to Prevent Genocide”; and “Conclusion: A Politics to Prevent Genocide.” 1186. Hirsch, Herbert (1999). “Thoughts About Preventing Genocide in the Post Cold War Era,” pp. 223–238. In Roger W. Smith (Ed.) Genocide: Essays Toward Understanding, Early-Warning, and Prevention. Williamsburg, VA: Association of Genocide Scholars, and the Department of Government, College of William and Mary. The thrust of Hirsch’s argument is that “We must first recognize, then contain, the regressive forces that have been unleashed in the post-Cold War-period’ (p. 226). In addressing the latter, Hirsch discusses, in part, the following issues: “United States Foreign Policy in the Post-Cold War Era”; “Bosnian Realities”; and “The Future of Prevention.” 1187. Jentleson, Bruce W. (2000). Coercive Prevention: Normative, Political, and Policy Dilemmas. Washington, D.C.: United States Institute of Peace. 43 pp. This report, by a professor of public policy and Political Science at Duke University, is comprised of the following sections: 1. “Introduction: Coercive Prevention”; 2. “The Realism of Conflict Prevention”; 3. “Coercive Prevention: Argument and Evidence”; 4. “Normative Dilemma: Sovereignty as Rights versus Sovereignty as Responsibility”; 4. “The Dilemma of Political Will: How Fixed, How Malleable the Domestic Constraints?”; 6. “Policy Dilemmas: Constituting Credible Coercive Threats and Wielding Effective Preventive Force”; and 7. “Conclusion: Difficult, but Possible.”
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At the outset of this report, Jentleson makes this trenchant observation: For all that has been proclaimed about the importance of preventive diplomacy, the reality of international action falls far short. While the first decade of the post-Cold War era did have some preventive successes, it was more marked (or marred) by missed opportunities. Even in such “success” cases as Kosovo [1999] and East Timor [1999], whatever may have been achieved was achieved only after mass killings, only after scores of villages were ravaged, only after hundreds of thousands were left as refugees. Yes, these conflicts were stopped from getting worse—but they were already humanitarian tragedies. (p. 5)
Jentleson goes on to assert that One of the key lessons of the first decade of the post-Cold War era is that while coercion is rarely sufficient for prevention, it often is necessary. To make this argument requires working through three fundamental dilemmas: a normative one concerning the legitimacy of coercive prevention with regard to classical conceptions of state sovereignty; a political one of whether domestic constraints can be sufficiently overcome so as to mobilize the necessary political will; and a policy one of devising strategies for constituting credible coercive threats and wielding military force preventively but effectively. Unless these core dilemmas can be mitigated, coercive prevention will continue to lack the normative, political, and policy bases it needs—and at best we will continue to do too little too late to prevent ethnic wars and other deadly “conflict.” (p. 5)
1188. Kolodziej, Edward A. (2000). “The Great Powers and Genocide: Lessons from Rwanda.” Pacifica Review, 12(2):121–145. This article is comprised of three main sections: 1. a summary of the “prevailing, if circumscribed, moral and legal consensus against genocide—accompanied with three lines of argument to broaden the foundation of this consensus” (p. 120); 2. an examination of the Rwandan genocide and an identification of the main political and strategic constraints that were at play in the failure of the United Nations and the major powers to, both in the past as well as in the present, adequately address the matter of genocide; and 3. a proposal that suggests how the UN’s capacity could be strengthened in order to create an effective anti-genocide regime. While agreeing with some that there is little likelihood that a rapid action force under the auspices of the United Nations will come to fruition any time in the near future, Kolodziej delineates how an anti-genocide regime could be strengthened through a variety of proposals. Two of the proposals relevant to individual nations are: “clarifying the criteria for applicable responses under Chapter VI and VII of the UN Charter; strengthening the earmarking of military forces from national contingents for Chapter VI and VII security operations” (139).
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1189. Leitenberg, Milton (1994). “U.S. and UN Actions Escalate Genocide and Increase Costs in Rwanda,” pp. 33–42. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. In this hard-hitting article, Leitenberg delineates how both the United States (as well as other nations) and the UN either ignored and/or refused to step in to prevent genocide from being perpetrated in Rwanda in 1994. In doing so, he talks about the western “hands-off” reaction, and the UN’s inaction and late response to the mass killing. In his conclusion, he asserts that “Had a peacekeeping mission been deployed, many or most of those killed might have been saved, and a massive refugee exodus possibly averted” (p. 42). 1190. Lohman, Diederik (2000). “The International Community Fails to Monitor Chechnya Abuses.” Helsinki Monitor, 3:73–82. This is a thought-provoking essay on the human rights abuses committed by Russia in Chechnya—many of which are “similar to those the Serbs committed in Kovoso prior to NATO’s military intervention (summary executions, torture, rape, and the systematic destruction of civilian property”) p. 73)—and the lax response by the international community (including NATO, the European Union, and the United States). 1191. Lund, Michael S. (2002). “From Lessons to Action,” pp. 159–183. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. Lund, senior associate at the Center for Strategic and International Studies and professorial lecturer in conflict management at the Johns Hopkins University School of Advanced International Studies, discusses the current state of conflict prevention. In his introduction, Lund asserts that “As things now stand, the field of violent conflict prevention must continue to deal with certain basic questions or sets of concerns in order to advance further. [One of these is that of] political will: how can concerned people obtain sufficient political support and resources from publics, governments, and bureaucracies to undertake timely and effective preventive action” (p. 162). The headings of the various sections of this essay provide a solid sense of what Lund addresses herein: Contemporary Conflicts: The Liberal Solution as Problem; Lack of Will, or Lack of the Way?; Prevention Accountability and Effectiveness; Levels of Preventive Action in the International System; Major Levels of Preventive Action for Lesson-Learning; Lessons from Country-Level Multi-Instrument Engagements; Institutionalizing Conflict
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Prevention: Linking Lessons to Standard Operating Procedures; Incorporating the Lessons in Country-Level Strategies; and Organizing Concerted Strategies: Joint In-Country Planning and Implementation. 1192. Lund, Michael (2004). “Operationalizing the Lessons from Recent Experience in Field-Level Conflict Prevention Strategies,” pp. 120–140. In Andreas Wimmer, Richard J. Goldstone, Donald L. Horowitz, Ulrike Joras, and Conrad Schetter (Eds.) Facing Ethnic Conflicts: Toward a New Realism. Lanham, MD: Rowman & Littlefield Publishers. In this chapter, Lund, addresses the following issues: the state of the art of conflict prevention; contemporary conflicts and how the liberal solution constitutes a problem; whether the neglect in addressing violent conflicts, including genocide, is due to a lack of will or “lack of the way”; conflict prevention effectiveness (e.g., the multiple levels of preventive action in the international system, and lessons from country-level multi-instrumental engagements); and linking lessons learned to standard operating procedures. 1193. Lund, Michael S. (1996). Preventing Violent Conflicts: A Strategy for Preventive Diplomacy. Washington, D.C.: Institute of Peace Press. 220 pp. Herein, the author defines early warning and preventive diplomacy; reviews numerous preventive efforts conducted in the 1990s, discusses which methods work, and why; and suggests how multilateral and national entities (especially the U.S. government) can overcome operational challenges to effective preventive action. The book concludes by sketching the outlines of a more systematic, global preventive regime, one that draws on the strengths of individual states, the United Nations, regional organizations, and NGOs. 1194. Schnabel, Albrecht (2002). “Post-Conflict Peacebuilding and Second-Generation Preventive Action.” Special Issue (“Recovering from Civil Conflict: Reconciliation, Peace and Development” edited by Edward Newman and Albrecht Schnabel) of International Peacekeeping, Summer, 9(2):7–30. In the abstract to this article, the following is stated: In response to the human suffering and regional instability caused by internal conflicts, the United Nations, regional and subregional organizations, as well as groups of concerned states, seem to be increasingly willing and able to launch interventions into states that cannot and will not provide for the security of all of their citizens, or that tolerate or instigate gross human rights violations. However, the jurisdiction and capacity of international organizations to prevent internal conflicts, successfully manage and end them once they have broken out, and prevent their re-emergence through sustainable post-conflict peacebuild-
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ing, are still weak. [This article] argues that peacebuilding is only sustainable if it embraces core principles of conflict prevention; that preventive action is more feasible (although more complex) in the post-conflict environment; and that lessons from post-conflict preventive action must inform and encourage pre-conflict prevention” (n.p.).
1195. Swedish Ministry of Foreign Affairs (1999). Preventing Violent Conflict: A Swedish Action Plan. Stockholm: Author. 24 pp. This report analyzes and delineates various methods and plans for implementing peaceful management of violent conflicts, and suggests ways in which “middle nations,” neither superpowers nor impoverished nations, can help attempt to prevent violent conflict. 1196. Totten, Samuel, and Markusen, Eric (Eds.) (2006). Genocide in Darfur: Investigating Atrocities Documentation in the Sudan. New York: Routledge. 250 pp. Provides a comprehensive examination of the purpose, scope, findings and ramifications of the U.S. State Department’s field investigation into the Darfur conflict. The analysis of the data resulted in U.S. Secretary of State Colin Powell declaring that genocide had been perpetrated Darfur. 1197. United States State Department (2004). Documenting Atrocities in Darfur. State Publication 11182, September 9. Washington, D.C. U.S. State Department. This publication delineates the focus, methodology and findings of the U.S. State Department’s Darfur Atrocities Documentation Team’s (ADT) investigation into the atrocities being committed in Darfur, Sudan, in 2004 by Government of Sudan troops and the Janjaweed (Arab militia). Upon analysis of the data collected by the ADT, U.S. Secretary of State Colin Powell declared, on September 9, 2004, that genocide had been perpetrated in Darfur. It was the first time one sovereign nation accused another sovereign nation of committing genocide while the atrocities were still being committed. 1198. Woodward, Susan L. (1995). Balkan Tragedy: Chaos and Dissolution after the Cold War. Washington, D.C.: The Brookings Institution. 536 pp. In this book, Woodward, a senior fellow in the foreign policy studies program at the Brookings Institution and a former senior adviser to the UN in the former Yugoslavia, analyzes Yugoslavia’s collapse and the warfare that ensued upon its breakdown. She argues that Western action not only failed to prevent the spread of violence or to negotiate peace, but actually exacerbated the conflict.
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The eleven chapters that make up the book are: 1. “Introduction”; 2. “The Basis of Prewar Stability”; 3. “The Politics of Economic Reform and Global Integration”; 4. “Escalation”; 5. “Interrupted Democratization: The Path to War”; 6. “Western Intervention”; 7. “The Right to National Self-Determination:”; 8. “War: Building States from Nations”; 9. “Stopping the Bosnia War”; 10.” “The Dynamic of Disintegration and Nationalist War”; and 11. “Conclusion.” E. Other Entities 1199. Fein, Helen (Ed.) (1992). Genocide Watch. New Haven, CT: Yale University Press. 204 pp. One chapter in this book is entitled “A Campaign to Deter Genocide: The Baha’i Experience” by Katherine R. Bigelow. Bigelow delineates the efforts of the international Baha’i community to place pressure on Iran to ease up its ill-treatment and potentially genocidal policy against the Baha’is. 1200. Momen, Moojan (2005). “The Babi and Baha’i Community of Iran: A Case of ‘Suspended Genocide’?” Journal of Genocide Research, June, 7(2):221–241. In this article, Momen concludes as follows: It would appear that there is good grounds for classifying the Babi and Baha’i persecution in Iran as a case of genocide, especially in Phases 1 and 4. What appears to have happened in Phase 4 is that the Iranian government was intentionally and actively proceeding along the pathway towards a genocide but was stopped in its tracks by the vigorous international campaign waged by the international Baha’i community. This resulted in resolutions both in the United Nations Commission on Human Rights and in the United Nations General Assembly condemning Iran. Perhaps more immediately impacting on Iran was the international condemnation directed at it by all of its major trading partners. As Iran’s economic and political position declined, owing to years of warfare and economic mismanagement, the ability of Iran to withstand such a concerted attack was reduced. (p. 238)
1201. Nelson, Jane (2000). The Business of Peace: The Private Sector as a Partner in Conflict Prevention and Resolution. London: The Prince of Wales Business Leaders Forum, International Alert, and Council on Economic Activities. 158 pp. This publication provides a detailed overview of the linkages between business and conflict. In doing so, it discusses such issues as the following: why the private sector can no longer afford to ignore the causes and costs
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of conflict; some of the key factors that determine whether business plays a negative role by creating or exacerbating violent conflict, or a positive role by helping to prevent or resolve it; and the practical actions that companies can take, both individually and in partnership with other actors, to support conflict prevention and resolution. The report is aimed at company managers, other practitioners and policy makers active in the inter-linked fields of corporate responsibility, international development, and conflict prevention and resolution. 1202. O’Neill, Michael J. (2000). “Developing Preventive Journalism,” pp. 67–79. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. Initially, O’Neill, former editor of the New York Daily News, asserts that For better or worse, the whole idea of preventive diplomacy depends crucially on effective communication from the smallest units of global society to the highest. Television, newspapers, the Internet, and a whole galaxy of new electronic wonders are absolutely essential to pick up and relay the first signs of trouble in order for people to take timely action in their own defense. Even more important, perhaps, an early-warning approach to news coverage is needed to generate the critical mass of public knowledge, emotional engagement, and support required to inspire sluggish institutions to take note and possibly even to act in crises like the ones in Iraq [in which the latter gassed its Kurdish population living in the north] or Yugoslavia. (p. 67)
O’Neill goes on to discuss such issues as: the power and significance of the communication revolution; the “electronic accelerators of history,” and the ramifications of the latter; the massive problem posed by the industrial elite and the poor and weak; the preventive process in regard to the explosion of problems in the former Yugoslavia in the 1990s; Iraq’s mistreatment of the its Kurdish population in the late 1980s; the prevention process; the role of journalism vis-à-vis the need “to discover the hidden pockets of misunderstanding and the undetected tensions that will become headlines tomorrow” (pp. 72–73); and key ways in which journalism needs to change if it’s going to move from simply covering the results of conflict to uncovering the causes of such “in time for society to avoid or prevent them” (p. 73). 1203. Wenger, Andreas, and Möckli , Daniel (2003). Conflict Prevention: The Untapped Potential of the Business Sector. Boulder, CO: Lynne Rienner. 233 pp. Wenger (professor of international policy at the Swiss Federal Institute of Technology) and Möckli (a researcher at the Center for Security Studies in Zurich) examine the qualities that the business sector could bring to bear in
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the prevention of deadly intrastate violence. They also propose specific ways in which businesses could engage in prevention efforts and discuss why it is in the interests of corporations to become engaged in such efforts. They call for a cooperative approach that involves states, international organizations, non-governmental organizations, and corporations.
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13 Components of Intervention A. Political Will B. Sanctions C. Information and/or Media Intervention D. “Safe Areas,” “Safe Havens,” “Safe Zones,” “Safety Zones,” “Security Zones,” “Protected Areas” E. Partitions/Partitioning F. Proposals for Special International Force—Standing or Standby
A. Political Will 1204. Anglin, Douglas (2002). Confronting Rwandan Genocide: The Military Options: What Could and Should the International Community Have Done? (Paper Number 6 of the Pearson Papers). Clementsport, Nova Scotia: The Canadian Peacekeeping Press of the Pearson Peacekeeping Centre. 49 pp. This essay “explores promising courses of action that, given the necessary political will, would have been military feasible and morally justifiable. It assesses realistically their prospects of success in checking the hemorrhage in Rwandan lives and identifies the circumstances and significance of the opportunities missed. Particular attention is paid to the time frame [of the events]” (p. 1). The booklet is compromised of the following sections: I. Deterrence: January 1994 (Cordon and Search: 1. Time Frame; 2. Capabilities; 3. Mandate; and 4. Political Will); Consequences; and Descent into Genocide); II. Op605
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portunity: April 1994 (Optimizing Opportunities (1. Time Frame; 2. Capabilities; 3. Mandate; 4. Political Will); III. Operationalizing Opportunities (1. UNAMIR; 2. Dallaire Plan; 3. Safe Havens; 4. Multinational Force; 5. US Intervention Force; 6. Paracommando Strike; 7. Evacuation Forces; 8. Rwandan Forces); and Conclusion. 1205. Boutros-Ghali, Boutros (1999). Unvanquished: A U.S.-UN Saga. London: Tauris. 352 pp. In this autobiography, Boutros-Ghali discusses his tenure as United Nations secretary general between 1992 and 1996. While the primary focus of the book is Boutros-Ghali’s acrimonious relationship with the United States government, it provides unique and valuable insights into the political machinations of the UN Security Council, the Byzantine bureaucratic dealings of the UN Secretariat, and the fate of UN peacekeeping in the 1990s in such places as Bosnia, Cambodia, and Rwanda. Of particular interest is his criticism of the UN Security Council’s lack of political will regarding the conflict in Bosnia and the 1994 genocide in Rwanda, and his condemnation of the double standards of the UN’s Western powers in selectively supporting UN interventions in what he deems “rich men’s wars” in Europe and Asia while ignoring the plight of the peoples of Africa. In particular, his castigation of the United States for blocking UN action to stop the genocide in Rwanda is merciless—as it should be. However, his close relations with France seemingly prevent him from being equally merciless in his criticism of the French who trained and armed the Hutus prior to the genocidal period and continued to support them throughout the latter. 1206. Dallaire, Romeo (1995). “The Rwandan Experience,” pp. 14–25. In Alex Morrison (Ed.) The New Peacekeeping Partnership. Clementspott, Nova Scotia: The Lester B. Pearson Canadian International Peacekeeping Training Centre. This is a must read for all of those interested in the issues of the prevention and intervention of genocide for the author—Major-General Dallaire, Deputy Commander of the Canadian Army and the former Commander of the UN Mission in Rwanda (UNAMIR)—knows that of which he speaks. Having witnessed first-hand both the 1994 genocide in Rwanda and the impotence of the international community in effectively addressing the outbreak of violence, his insights regarding peace operations and the reforms needed at the UN in order to be able to address ethnic violence and genocide in a timely and effective manner are worthy of serious consideration. The essay is comprised of the following headings: The International Community; UN Peace Support Operation: UNAMIR; Reaction by the International Community; The Need to Reform the UN; UN Reform Options (a. A UN Multi-Disciplinary Senior Crisis Management Cell, b. Reform of the
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UN Administration/Logistics System; c. A UN Contingency Fund; d. UN Standby Military Forces and Equipment; e. A UN Umbrella Humanitarian Agency; f. A UN International Media Element; g. A UN Information (Intelligence) Capability, and h. UN Intervention for Humanitarian Reasons). 1207. Dorff, Robert H. (1998). “The Future of Peace Support Systems,” pp. 160– 178. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers. Dorff, professor of national security policy and strategy at the U.S. Army War College, argues that an appropriate response to the conflicts arising from failing states requires a sound strategy based on an accurate understanding of the causes and processes of the conflict. He wisely argues that since such conflicts are not the same, objectives for addressing them must be tailored to each situation. In regard to the issue of political will, Dorff argues as follows: While I do not dispute for a moment the need for improved early-warning mechanisms, especially in the areas identified with the sources of state failure (ethnic and religious conflict, socio-economic instability, sub-state nationalistic movements, etc.), I am less sanguine about the capabilities of such mechanisms to provide much in the way of relief from the basic problem. In my view the lack of early warning and indicators of potential violence has been neither the primary nor even a central reason underlying our inability to deal effectively with such crises prior to their becoming critical. Rather, the critical factor has been the lack of political will, either by individual countries or the collective international community . . . [T]he point here is simply that it is dangerous and misleading to think that we can effectively address the problems of ungovernability and state failure only by improving our ability to receive early warning. In the former Yugoslavia, as well in most of the recent crises in Africa (e.g., Rwanda, Zaire), policymakers were well aware of the potential for violent conflict well in advance of hostilities breaking out. It was not the absence of early warning that caused the delay in or absence of an effective response. (p. 171)
Much the same could be said of the 2003–2006 genocide perpetrated in Darfur, Sudan, against the “black Africans” by the Government of Sudan troops and the Janjaweed. 1208. Dorn, A. Walter, and Matloff, Jonathan (2000). “Preventing the Bloodbath: Could the UN Have Predicted and Prevented the Rwandan Genocide?” The Journal of Conflict Studies, 20(1):9–52. One section of the essay is entitled “Political Will.” 1209. Evans, Gareth, and Sahnoun, Mohamed (2002). “The Responsibility to
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Protect.” Foreign Affairs, 81(6):99–110. In this article, the authors, Evans (president and chief executive officer of the International Crisis Group and former foreign minister of Australia) and Sahnoun (special advisor on Africa to the UN Secretary General and former senior Algerian diplomat) succinctly address the issue of political will vis-à-vis the decision to intervene in a matter where serious human rights violations are being perpetrated. More specifically, they state that As important as it is to reach consensus on the principles that should govern intervention for human protection purposes, unless the political will is mustered to act when necessary, the debate will be largely academic. As events during the 1990s too often demonstrated, even a decision by the Security Council to authorize international action in humanitarian cases has been no guarantee that any action would be taken, or taken effectively. The most compelling task now is to work to ensure that when the call for action goes out to the community of states, it will be answered. . . . Too often more time is spent lamenting the absence of political will than on analyzing its ingredients and how to mobilize them. The key to mobilizing international support for intervention is to mobilize domestic support, or at least to neutralize domestic opposition. It is usually hopeful to press three buttons in particular. . . . Moral appeals inspire and legitimize in almost any political environment: political leaders often underestimate the sheer sense of decency and compassion that prevails among their electorates. Financial arguments also have their place: preventive strategies are likely to be far cheaper than responding after the event through military action, humanitarian relief assistance, postconflict reconstruction, or all three. If coercive action is required, however, earlier is always cheaper than later. National interest appeals are the most comfortable and effective of all and can be made at many different levels. Avoiding the disintegration of a neighbor, given the refugee outflows and general regional security destabilization associated with it, can be a compelling motive in many contexts. National economic interests often can be equally well served by keeping resource supply lines, trade routes, and markets undisrupted. . . . It is the responsibility of the whole international community to ensure that when the next case of threatened mass killing or ethnic cleansing invariably comes along, the mistakes of the 1990s will not be repeated. A good place to start would be agreement by the Security Council, at least informally, to systematically apply the principles set out here to any such case (p. 110).
1210. Fein, Helen (1992). “Dangerous States and Endangered Peoples: Implications of Life Integrity Violations Analysis,” pp. 40–55. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. This chapter is comprised of the following parts and sections: 1. “Conception and Scaling of Life Integrity Violations” (1.1. “Background: Discriminat-
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ing Perpetrators from Other States”; 1.2. “Lives at Risk: An Analysis of 50 States in 1987”; 1.3 “The Concept of Life Integrity”; 1.4 “Findings”; 1.4 (sic); “Who Were the Victims and the Perpetrators?” and 1.5 “What Happens to Endangered People Who Manage to Escape?”; 2. Warning Signs and Bystanders: What is to be Done?”; and 3. “A Research After-Note.” In her introduction, Fein, a noted genocide scholar, discusses the background and focus of the study: [T]o assess whether one could discriminate states perpetrating (or attempting) genocide or mass political killings from other states before these crimes were corroborated, a . . . study paired four states (in different regions) committing genocide or political killings between 1975–1984 with matched states which were non-perpetrators . . . These four pairs (of perpetrators and non-perpetrators) were compared for four or five year periods starting from the political regime change which prefaced the perpetrator’s resort to mass killing. Drawing on methods of content analysis, we devised the Life Integrity Violation Analysis Form which checked the presence or absence of certain practices noted in the Amnesty International Report for the given years. . . . This led to the pilot study reported herein, a more systematic analysis of violations of life integrity in fifty states and six occupied regions in 1987. The concept of life integrity, stemming from the right to life, is an innovation in social research measuring human rights violations. “Life integrity rights” comprised six related claims: the right to life; to bodily inviolability; to security from arbitrary punishment, seizure, and detention; to own one’s body and labour; to free movement; to marry and to form a family. This study examines the level of violation of the first three rights on the basis of the Amnesty International 1988 Report. [S]tates . . . were selected because they had perpetrated genocides, or ethnic massacres, in the past, were engaged in civil strife in 1987, had large numbers of “minorities at risk” or showed signs of escalation of abuses in 1987 and were located in areas of high conflict (pp. 40–44). Among the . . . findings of the study are: “a . . . monitoring scheme” and an “early warning” system alike depend both on political will to pay the costs of sanctions, deterrence or intervention, and reliable reports on life integrity violations and patterns of discrimination. (p. 50)
1211. Fein, Helen (1994). “An Interview with Alison L. Des Forges: Genocide in Rwanda Was Foreseen and Could Have Been Deterred,” pp. 21–31. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. In this interview, Alison Des Forges (a noted human rights researcher with Human Rights Watch, and co-chair of the International Commission on Human Rights Abuses in Rwanda 1992–1993 and chair of the International Commission on Human Rights Abuses in Burundi in 1993–1994), asserts, in part, the following:
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The donor states and international organizations working in Rwanda “could and should have anticipated” the 1994 genocide in Rwanda (p. 21); that the genocide was preconceived by the perpetrators; there is a critical need to bring the guilty to justice; the international community was not resolute in holding the Rwandan government and the RPF to the peace accords signed on August 4, 1993; that “aid-giving countries have not in the [including, the recent] past taken seriously human rights abuses or the threat of massive abuses and operated on the theory that we have to deal only with the economic situation and once we’ve done that the political situation will take care of itself” (p. 17); and as far as the role of the UN in preventing future genocides, what primarily needs to be focused on is the “question of political will.” (p. 29)
1212. Gow, James (1999). “Bosnia: Triumph of the Lack of Will,” pp. 272–295. In Robert J. Art and Kenneth N. Waltz (Eds.) The Use of Force: Military Power and International Politics. Lanham, MD: Rowman & Littlefield Publishers. Gow, reader in war studies at King’s College, London, argues as follows in this essay: . . . Apart from securing an end to the war [in the former Yugoslavia in the 1990s], the international community got less from the agreement negotiated at Dayton than it would have from implementation of the Vance-Owen Plan. However, the conditions for implementing both plans were the same: Dayton worked where Vance-Owen failed because there was a willingness to use force and, crucially, because the United States was behind the plan, rather than opposing it. This will be shown through comparison of Vance-Owen and Dayton. . . . There were four fundamental features of international failure in handling the Yugoslav war: bad timing, inappropriate measures, incoherence, and lack of political resolve. (p. 272)
1213. Gow, James (1997). Triumph of the Lack of Will: International Diplomacy and the Yugoslav War. New York: Columbia University Press. 343 pp. Gow examines why the major Western powers failed to resolve the “War of Dissolution” in Yugoslavia. In doing so, he evaluates the various attempts by diplomats, UN peacekeepers, and world leaders to devise a workable peace, and identifies four factors that contributed to the subversion of the peace process: bad timing, bad judgment, poor cohesion, and, above all, the absence of political will, especially concerning the use of force. The book is comprised of the following four parts and eleven chapters: 1. “Introduction”; 2. “The Yugoslav Problem: Crisis, Collapse, Conflict”; Part I (3. “Early Initiatives: From Declaration to Recognition”; 4. “Early Initiatives: From Recognition to Reckoning”); Part II. (5. “Military Operations: Peacekeeping in Croatia, Bosnia, and Macedonian”; 6. “Military Operations: Peace Support and Coercion”); Part III (7. “The Major Players:
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Paris, Bonn, London”; 8. “The Major Players: Washington and Moscow”); Part IV (9. “The Peace Plans: Vance-Owen and ICFY”; 10. “The Peace Plans: Dayton—Accord from the Contact Groups”; and 11. “Conclusion” (“Triumph of the Lack of Will”). 1214. International Commission on Intervention and State Sovereignty (2001). The Responsibility to Protect: Report of the International Commission on Intervention. Two Volumes. Ottawa: International Development Research Centre. 110 pp. (Volume 1) and 426 pp. (Volume 2). Volume 1, The Responsibility to Protect is an important and valuable report that reflects the effort by the International Commission on Intervention and State Sovereignty (established by the government of Canada and a group of major foundations) to erect a conceptual bridge between issues related to intervention and sovereignty. In developing the report/book, the aim of the twelve member committee was to develop a framework that delineates (1) the complexities and problems inherent in intervention, and (2) effective ways to intervene in humanitarian crises. The committee consulted policy makers, government leaders and scholars from across the globe, and the insights and suggestions of the latter are reflected in the report. Volume 2, developed under the leadership of Thomas Weiss and Don Hubert, includes background information, research findings, and a major bibliography that addresses a wide range of issues (conceptual, ethical, legal, political, and operational) related to intervention. Part 8 (“The Responsibility to Protect: The Way War Forward”) includes a section that addresses the issue of political will. In part, this section specifically addresses the issue of “mobilizing domestic political will” and “mobilizing international political will.” 1215. Jentleson, Bruce W. (2000). Coercive Prevention: Normative, Political, and Policy Dilemmas. Washington, D.C.: United States Institute of Peace. 43 pp. This report, by Jentleson, professor public policy and Political Science at Duke University, is comprised of the following sections: 1. “Introduction: Coercive Prevention”; 2. “The Realism of Conflict Prevention”; 3. “Coercive Prevention: Argument and Evidence”; 4. “Normative Dilemma: Sovereignty as Rights versus Sovereignty as Responsibility”; 5. “The Dilemma of Political Will: How Fixed, How Malleable the Domestic Constraints?”; 6. “Policy Dilemmas: Constituting Credible Coercive Threats and Wielding Effective Preventive Force”; and 7. “Conclusion: Difficult, but Possible.” At the outset of this report, Jentleson makes the following trenchant observation:
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For all that has been proclaimed about the importance of preventive diplomacy, the reality of international action falls far short. While the first decade of the post-Cold War era did have some preventive successes, it was more marked (or marred) by missed opportunities. Even in such “success” cases as Kosovo [1999] and East Timor [1999], whatever may have been achieved was achieved only after mass killings, only after scores of villages were ravaged, only after hundreds of thousands were left as refugees. Yes, these conflicts were stopped from getting worse—but they were already humanitarian tragedies (p. 5).
Jentleson goes on to assert that One of the key lessons of the first decade of the post-Cold War era is that while coercion is rarely sufficient for prevention, it often is necessary. To make this argument requires working through three fundamental dilemmas: a normative one concerning the legitimacy of coercive prevention with regard to classical conceptions of state sovereignty; a political one of whether domestic constraints can be sufficiently overcome so as to mobilize the necessary political will; and a policy one of devising strategies for constituting credible coercive threats and wielding military force preventively but effectively. Unless these core dilemmas can be mitigated, coercive prevention will continue to lack the normative, political, and policy bases it needs—and at best we will continue to do too little too late to prevent ethnic wars and other deadly “conflict.” (p. 5)
1216. Jentleson, Bruce W. (2000). “Five—The Dilemma of Political Will: How Fixed, How Malleable The Domestic Constraints?” pp. 24–30. In Bruce Jentleson’s Coercive Prevention: Normative, Political, and Policy Dilemmas. Washington, D.C.: United States Institute of Peace. In his introduction to this section, Jentleson, professor of public policy and Political Science at Duke University, notes the following: Almost every study of conflict prevention concludes that when all is said and done, the main obstacle is the lack of political will. As an explanatory statement this is largely true. The United States and other governments have not acted because they have not had the political will to do so. If the domestic constraints that make this so are unchangeable and fixed, then that would be the end of the story. Prevention would continue to be sporadic and mostly too little, too late. There is reason to argue, though, that the domestic constraints are not necessarily all that fixed, that they have greater malleability than typically presumed. I focus on the U.S. case, focusing particularly on public opinion and its ostensible “casualty phobia,” with some analysis also of the role of the media and the CNN effect as well as the role of Congress. (p. 24)
The three sections of this piece are entitled as follows: The “Pretty Prudent Public”: Questioning the Conventional Wisdom About Casualty Phobia; The “CNN Effect” Overrated; and Congress: Formidable, but Not Fixed, Constraints.
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1217. Jentleson, Bruce W. (1998). “Preventive Diplomacy and Ethnic Conflict: Possible, Difficult, Necessary,” pp. 293–316. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. In regard to the issue of political will, Jentleson states the following: Even if early warning is achievable, there remains the problem of mustering the political will necessary to act. Although the essence of the strategic logic of preventive diplomacy is to act early, before the problem becomes a crisis, it is often the same lack of a sense of crisis that makes it more difficult to build the political support necessary for taking early action. In a traditional realist calculus, such situations have had difficulty passing muster both because the immediate tends to take priority over the potential, and because many contemporary ethnic conflicts involve areas which, as the U.S. Ambassador to Somalia candidly put it, are “not a critical piece of real estate for anybody in the post-Cold War world. . . . ” There is also a problem of political will for international institutions. Although the United Nations has institutional weaknesses that are its own fault and responsibility, it does also get unfairly blamed for inaction and indecisiveness when the lack of will really resides with its members. The UN authorities in charge of UNPROFOR deserve much of the criticism they received for how they managed the Croatia-Bosnia peacekeeping mission, but the exceedingly limited mandate UNPROFOR was given from the start was the doing largely of the key permanent members of the Security Council: the United States, Britain, France, and Russia. Similarly, in Rwanda one of UNAMIR’s problems all along was the refusal by the major powers to provide sufficient financing or mandate. And when the early warning was sounded about another crisis brewing in Burundi in late 1994 and early 1995, including a charge by former President Jimmy Carter that the willingness to send troops to Bosnia but to keep doing very little in Burundi was racist, the most the Security Council mustered was a resolution for more contingency plans. Nor is this only true of the Security Council. Thus the limits on political will have been a major constraint on preventive diplomacy. The question, though, is whether this has to be accepted as fixed, or could be malleable. (pp. 306–308)
1218. Kuperman, Alan J. (2001). The Limits of Humanitarian Intervention: Genocide in Rwanda. Washington, D.C.: Brookings Institute Press. 162 pp. This is an extremely thought-provoking book that is a must read for those interested in the issues of the intervention and prevention of genocide. Be that as it may, some are bound to contest at least some of Kuperman arguments and take him to task for not taking into account the earliest signs and signals that genocide was on the horizon.
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In his introduction, Kuperman, a resident fellow at the University of Southern California’s Center for International Studies, writes that [M]y goal in launching [this research . . . was to quantify the potential benefits of humanitarian military intervention by examining what such intervention could have accomplished in the single worst humanitarian atrocity of recent memory—the 1994 genocide in Rwanda. I expected to confirm earlier claims that the international community—if it had possessed sufficient political will—could have prevented the genocide with a quick military intervention at minimal financial and human cost to the interveners. . . . However, I discovered that virtually all of the earlier claims were inaccurate. The genocide happened much faster, the West learned of it much later, and the requisite intervention would have been much slower than previously claimed. Accordingly, I . . . reach[ed] a very different conclusion: that a realistic intervention could not have prevented the genocide. Indeed, by my calculations, three-quarters of the Tutsi victims would have died even if the West had launched a maximum intervention immediately upon learning that a . . . genocide was being attempted . . . These unexpected findings compelled a new set of prescriptions. . . . [C]ont rary to some characterizations of my work, these prescriptions do not rule out humanitarian intervention. . . . Intervention does not have to save every life in order to be worthwhile. . . . I also do not contend that the physical impediments to timely intervention—the speed of the killing, the lack of accurate information, and the difficulty of airlifting sufficient forces to Africa—are the sole reasons the international community failed to intervene effectively during Rwanda’s 1994 genocide. Lack of political will also contributed, as evidenced by my finding that tens of thousands of lives could have been saved by any of several realistic intervention options that were forgone. However, my study does refute the common wisdom that merely a dearth of political will stood in the way of preventing the genocide. Intervention advocates would do well to study these lessons. In particular, two points stand out. First, if Western leaders are serious about humanitarian military intervention, they can and should take several concrete steps to improve its effectiveness. Second, and perhaps more important, intervention is no substitute for prevention. (pp. vii–ix)
1219. Ludlow, D. R. L. (1999). “Humanitarian Intervention and the Rwandan Genocide.” The Journal of Conflict Studies. Spring, 19(1):22–48. This essay presents an examination of the perceived obstacles to humanitarian intervention across the globe, using the Rwandan genocide as a case study. It takes as its premise that there are four possible reasons why the international community fails to intervene in a given humanitarian crisis. These potential obstacles are: “(1) There is an absence of any internationally recognized justification, either in theory or practice, for humanitarian intervention; (2) Even if there is a generally accepted right of humanitar-
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ian intervention, it is not recognized in that particular case; (3) There is an inability within the international community to intervene in humanitarian crises in a timely manner; and (4) There is an unwillingness on the part of members of the international community to intervene in order to save the lives of others” (pp. 22–23). Ludlow argues that although he thinks all four obstacles posed a challenge to decisive intervention in Rwanda, the most significant obstacle was the last one—an unwillingness on the part of state governments to take action solely on humanitarian grounds. 1220. Lund, Michael S. (2002). “From Lessons to Action,” pp. 159–183. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. One section of this essay is entitled “Lack of Will, or Lack of the Way” (pp. 165–166). Lund, professorial lecturer in conflict management at the Johns Hopkins University School of Advanced International Studies, and senior associate at the Center for Strategic and International Studies, writes as follows: [T]he lack of political will in conflict prevention, [has] been much discussed. Its ubiquity, however, may be based on the few highly dramatic instances such as Rwanda [1994] and Kosovo [1999], where conflicts had reached a point when violence was imminent or had already broken out, and the international community failed to take . . . measures to deter or stem the escalation [of] violence. Because some kind of forceful . . . action is usually needed at that incipient stage of overt hostilities, international actors find it more difficult politically to take robust action, e.g., security risks are higher, the use of coercion is controversial, and conventional arguments can be raised against international intervention. You’re damned if you don’t, and you’re damned if you do. There is no doubt that in these moments lack of political will is a serious obstacle to preventive action. However, not all recent situations requiring preventive action have necessarily been of this demanding sort. In most developing countries that are now facing strains over transition issues, the international community is already present in the form of multiple diplomatic missions, development activities, structural adjustment programs, trade and commercial activities, military assistance, and, . . . efforts to promote democracy, human rights, and civil society. [So], they already are engaged in places that may be in the early stages of potential conflicts. However, most international activities of this sort are being carried out without specific consciousness as to whether they are helping or hurting the larger processes of sociopolitical change without violence. Programs are initiated and resources allocated for many reasons, but with little thought as to how such choices might be oriented to preventing violent conflicts or
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buttressing the peaceful capacities of these societies to navigate the perils of wrenching change. [Thus,], it will not always be the case that political will for conflict prevention has to be generated in the face of oppressed minorities at peril. . . . Rather, it is more a matter of reorienting support for the requirements of analysis and re-engineering the bureaucratic procedures of many existing diplomatic, development, and other programs and routines . . . so that they might serve conflict prevention objectives . . . (pp. 165–166)
1221. Mays, Terry M. (2002). The 1999 United Nations and 2000 Organization of African Unity Formal Inquiries: A Retrospective Examination of Peacekeeping and the Rwandan Crisis of 1994 (Paper Number 7 of the Pearson Papers). Clementsport, Nova Scotia: The Canadian Peacekeeping Press of the Pearson Peacekeeping Centre. 37 pp. Several factors for failure of the peacekeeping operation to prevent the 1994 genocide in Rwanda are highlighted within the UN and OAU investigations, and each is explored in this study. Also discussed is whether the two thousand member UN-peacekeeping operation in Rwanda could have halted the genocide had the political will existed to accomplish the task. Five options for the future are reviewed and a postscript includes a brief discussion of the relationship between state sovereignty and humanitarian intervention as delineated in the report by the International Commission on Intervention and State Sovereignty (see# 1214). 1222. Organization of African Unity (OAU) (2001). “International Panel of Eminent Personalities (IDEP): Report on the 1994 Genocide in Rwanda and Surrounding Events (Selected Sections).” International Legal Materials, 40:140–235. In the abstract of this report, it is stated that The Organization of African Unity (OAU) formed the International Panel of Eminent Personalities [Panel] to investigate the Rwandan genocide and to contribute to the prevention of further conflicts in the region. The Panel endorsed the finding of the earlier Carlsson Inquiry report that “the U.N.’s Rwandan failure was systemic and due to a lack of political will” (p. 140). The Panel found that “[j]ust about every mistake that could be made was made” (p. 140). The Panel found that the U.N. did not perceive the U.N. Assistance Mission to Rwanda (UNAMIR) as a particularly difficult mission, and so did not provide UNAMIR with an adequate force or mandate. The Panel also argued that the U.N. had compromised its integrity by maintaining “insistent and utterly wrong-headed neutrality regarding the genocidaires.” The Panel suggested that the U.N. Security Council and Secretariat had paid too much attention to cease-fire negotiations rather than ending the massacres. The Panel also condemned U.S. bureaucrats and Western countries for evacuating foreign nationals while leaving behind Rwandans who would soon be slaughtered.
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The Panel found clear evidence that “a small number of major actors,” including Belgium, France, and the United States, could have directly “prevented, halted, or reduced the Slaughter.” . . . The Panel called for a substantial re-examination of the 1948 Genocide Convention with attention to, interalia: 1. the definition of genocide; 2. a mechanism to prevent genocide; and 3. the legal obligation of states when genocide is declared. The Panel also proposed the institution of a special Rapporteur for the Genocide Convention, within the office of the U.N. High Commissioner for Human Rights, to provide the U.N. Security-General and Security Council with pertinent information concerning situations that are at risk for genocide. (p. 140)
The report is comprised of the following: “Executive Summary”; “Introduction”; 1. “Genocide and the 20th Century”; 2. “The Roots of the Crisis to 1959”; 3. “The First Republic: 1959–1973”; 4. “Habyarimana’s Regime: 1973-Late 1980s”; 5. “Economic Regime: 1973-Late 1980s”; 5. “Economic Destabilization After 1985”; 6. “The 1990 Invasion”; 7. “The Road to Genocide: 1990-1993”; 8. “The Arusha Peace Process”; 9. “The Eve of the Genocide: What the World Knew”; 10. “The Preventable Genocide: What the World Could Have Done”; 11. “Before the Genocide: The Role of the OAU”; 12. “Before the Genocide: France and the United States”; 13. “Before the Genocide: The Role of the United Nations”; 14. “The Genocide”; 15. “The World During the Genocide: The United Nations, Belgium, France, and the OAU”; 16. “The Plight of Women and Children”; 17. “After the Genocide”; 18. “Justice and Reconciliation”; 19. “The Kivu Refugee Camps”; 20. “The Region After Genocide”; 21. “The Role of the OAU Since the Genocide”; 22. “The RPF and Human Rights”; 23. “Rwanda Today”; and 24. “Recommendations.” 1223. Orth, Rick (1999). “Four Variables in Preventive Diplomacy: Their Applications in the Rwanda Case.” The Journal of Conflict Studies. Spring, 17(1):79–100. In his conclusion, Orth writes: In Rwanda . . . , after fighting to a stalemate, the parties agreed to negotiate an end to the civil war and [move] to a multiparty democracy. Therefore, the first internal variable, consensus to resolve their differences through negotiation, was present and culminated in the signing of the Arusha Accords. However, even before the Arusha Agreement was signed, the Rwanda government and Hutu extremists planned a campaign to stall the implementation of the accords and . . . eliminate the political opposition . . . Thus, the second internal variable, the parties’ desire to abide by and implement the agreement, was absent. Because the government and Hutu extremists did not intend to live up to Arusha, successful preventive diplomacy required external actors to influence the concerned parties to uphold and implement the solution, the first external variable. Although the various international actors used political and economic pressure to persuade the regime to abide by the agreement, they
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failed. . . . [W]hether deliberately or not, France influenced the Habyarimana regime to derail Arusha, [and it did so by using] various conferences as a means to delay instituting the transitional government. In the Rwanda case, the international community needed to communicate the second external variable: a credible threat to use force and be willing to use it, if civil war and genocide were to have been averted. Rwanda presents a worst case and a far too common scenario that preventive diplomacy faces, whereby participants to the conflict are less than open and honest with their objective about their willingness to resolve their conflict through negotiation. . . . The international community could have communicated its willingness by changing UNAMIR’s mandate to peacemaking. It may not have actually had to apply military force directly, but at least the threat of using it quickly would have been present. When calls to reevaluate UNAMIR’s mandate and to provide more troops and equipment went unheeded, Hutu extremists probably realized that the international community would do nothing if they executed their plan to exterminate moderate Hutus and Tutsis as a whole. . . . The international actors lacked the will to support their diplomatic efforts with military power. (pp. 95–96)
1224. Peou, Sorpong (2002). “The UN, Peacekeeping and Collective Human Security: From an Agenda for Peace to the Brahimi Report.” International Peacekeeping, Summer, 9(2):51–68. The author of this article first observes and then asserts the following: The new UN vision for world peace [following the end of the Cold War] challenges the traditional value of order, which rejects interventionism, and expands universal values that acknowledge the unity of humanity, such as social justice, democracy, human rights and humanitarian intervention (p. 52).
This essay argues that the concept of “collective human security” has challenged the traditional concept of national security, but the United Nations must work to overcome the barriers in order to help the nation of states realize that this is so. The piece concludes with this statement: [Ultimately,] we need to ask more serious questions: who exactly can provide for security and how can collective action be taken? We should never stop thinking about promoting human security collectively but will need to find a recipe more powerful than making countless policy recommendations for change and then conveniently saying that all depends on the political will of UN member states and parties to conflict (p. 52).
1225. Ryan, Alan (2002). “The Strong Lead-nation Model in an ad hoc Coalition of the Willing: Operation Stablise in East Timor.” International Peacekeeping, 9(1):23–44.
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Ryan, a senior research fellow with Australian Army’s Land Warfare Studies Centre, argues that The speed with which the International Force East Timor (INTERFET) was deployed and the rapidity with which it was able to establish conditions of security in East Timor make this operation an excellent model for future ad hoc, complex, multinational deployments. In large part, the success of the operation was due to the troop-contributing nations’ acceptance of the imperfections inherent in such a disparate force. Operational responsibility was distributed according to the capabilities of the forces assigned to the mission. The need for a robust command-and-control architecture was realized in the strong-lead-nation model that INTERFET adopted. Short-notice deployments of “coalitions of the willing” in the future will benefit from a consideration of the clear, simply, and unified command structure that characterized Operation Stablise in East Timor. (p. 23)
1226. Scheffer, David (1998). “The United States’ Measures to Prevent Genocide.” Speech delivered on December 10, 1998, at the United State Holocaust Memorial Museum., Washington, D.C. 10 pp. (Note: Available on-line under the title of the speech and under the heading of “Atrocities Prevention Interagency Working Group.”) Herein, Scheffer, the ambassador at large for war crimes in the United States Department of State, discusses, among numerous other issues, the following: the fact that “it has taken some time for the U.S. government to come to grips with the essential need to react quickly to the condition of genocide and crimes against humanity” (p. 2); “the ongoing challenge to the political will of the international community to issues of genocide and crimes against humanity” (p. 2); and the focus of the International Coalition Against Genocide. In regard to the latter, he states that the Coalition will foster international coordination “to enforce anti-genocide measures, provide a forum for high-level deliberations on long-term efforts to prevent genocide in the future, to revise the U.N. Arms Flow Commission, to accelerate programs to bring criminals against humanity to justice, to develop durable justice systems that are credible, impartial and effective, and ensure international support for the findings of the Organization of African Unity Eminent Personalities Study of the Rwanda Genocide and the Surrounding Events” (p. 6). B. Sanctions 1227. Bondi, Loretta (2002). “Arms Embargoes: In Name Only?”, pp. 109–123. In David Cortright and George A. Lopez (Eds.) Smart Sanctions: Targeting Economic Statecraft. Lanham, MD: Rowman & Littlefield.
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In this essay, Bondi argues that far too often the imposition of arms embargoes “has been challenged and ultimately eroded by the inability or unwillingness of UN member states to actively implement and enforce arms embargoes. These problems have been compounded by the chaotic growth and application of sanctions regimes, which have not been backed either by a coherent institutional commitment or by a responsive and flexible apparatus” p. 110). Among the key issues discussed herein are: obstacles to the effectiveness of arms embargoes, the UN’s institutional weaknesses, that which is needed for effective implementation of arms embargoes, and recommendations for reform. Arms embargoes imposed in the former Yugoslavia and Rwanda are briefly addressed. 1228. Boutros-Ghali, Boutros (1992). An Agenda for Peace: Preventive Diplomacy, Peacemaking and Peace-keeping. New York: United Nations. n.p. An Agenda for Peace, one of the major UN reports issued in the 1990s, resulted from a request made on January 31, 1991, by the UN Security Council that Secretary General Boutros Boutros-Ghali “prepare and circulate to the Members of the United Nations ‘an analysis and recommendations on ways of strengthening and making more efficient within the framework and provisions of the UN Charter the capacity of the United Nations for preventive diplomacy, peacemaking and peace-keeping.’” One component of the report addresses the issue of sanctions: IV. “Peacemaking” (The World Court, Amelioration Through Assistance, Sanctions and Special Economic Problems, Use of Military Force, Peace-enforcement Units). While the report calls for a proactive response to impending conflicts and identifies fact-finding and early warning as a means to that end, the question that is bound to be asked is whether the United Nations—in light of the subsequent genocidal disasters in Rwanda (1994) and Srebrenica (1995) and the genocidal situation in Darfur, Sudan (2003–2006)—ever really intended to heed any of its own recommendations. 1229. Boutros-Ghali, Boutros (1995). Supplement to an Agenda for Peace: Position Paper of the Secretary-General on the Occasion of the Fiftieth Anniversary of the United Nations. New York: United Nations. 105 pp. In his introduction, Boutros Boutros-Ghali asserts, in part, the following vis-à-vis the issue of sanctions: . . . In order to address all the above problems, I should like to go beyond the recommendation I made in 1992 [in An Agenda for Peace] and suggest the establishment of a mechanism to carry out the following five functions: (a)
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To assess, at the request of the Security Council, and before sanctions are imposed, their potential impact on the target country and on third countries; (b) To monitor the application of the sanctions; (c) To measure their effects in order to enable the Security Council to fine tune them with a view to maximizing their political impact and minimizing collateral damage; (d) To ensure the delivery of humanitarian assistance to vulnerable groups; (e) To explore ways of assisting Member States that are suffering collateral damage and to evaluate claims submitted by such States under Article 50. Since the purpose of this mechanism would be to assist the Security Council, it would have to be located in the United Nations Secretariat. However, it should be empowered to utilize the expertise available throughout the United Nations system, in particular that of the Bretton Woods institutions. (n.p.)
The report is comprised of the following sections: I. “Introduction”; II. “Quantitative and Qualitative Changes”; III. “Instruments for Peace and Security” (A. Preventive diplomacy and peacemaking; B. Peace-keeping; C. Post-conflict peace-building; C. Disarmament; E. Sanctions; F. Enforcement Action); IV. “Coordination”; V. “Financial Resources”; and VI. “Conclusion.” 1230. Brzoska, Michael (2002). “Putting More Teeth in UN Arms Embargoes,” pp. 125–143. In David Cortright and George A. Lopez (Eds.) Smart Sanctions: Targeting Economic Statecraft. Lanham, MD: Rowman & Littlefield. Brzoska, who has worked with the Stockholm International Peace Research Institute in Sweden, first presents a succinct review of the history of arms embargoes from the 1980s through the early 2000s and then examines the lessons drawn from this history. He closes by discussing a wide array options for improving the future effectiveness of arms embargoes (e.g., improving state commitment, formalizing a common understanding of the goals and implementation procedures, improving law enforcement, prosecuting and convicting violators, regularly monitoring arms embargoes and reporting violations, the development of solid cooperation between the UN and other parties, the establishment of special inquiry missions, and linking arms embargoes to other sanctions). In part, he discusses the arms embargo against Yugoslavia and Rwanda in the 1990s. 1231. Cortright, David, and Lopez, George (2000). The Sanctions Decade: Assessing UN Strategies in the 1990s. Boulder, CO: Lynne Rienner Publishers. 274 pp. This book, based on more than two hundred interviews with officials from the United Nations and sanctioned countries, and other involved actors, reportedly provides the first comprehensive assessment of the effectiveness of UN sanctions during the 1990s. The authors (Cortright is president of the Fourth Freedom Forum and Research Fellow at the Joan B. Kroc Institute for International Peace Studies at the University of Notre Dame, and
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Lopez is professor of Government and intervention studies and a faculty fellow at the Kroc Institute) also present a set of criteria for judging the full impact of sanctions— political, economic, and humanitarian—and then provide detailed studies of specific cases. They conclude with far-reaching recommendations for increasing the viability of sanctions as a productive diplomatic tool. In chapter I, “The Character of the Sanctions Decade,” the authors note that The twelve cases of sanctions analyzed in this book did not develop in a vacuum. The assessment and derivation of “lessons” from each sanctions episode was an ongoing enterprise that shaped how subsequent cases unfolded. As each new episode progressed, the Security Council benefited from previous cases and made its own contributions to the emerging set of generalizations about the character of UN sanctions. These assumptions in turn set the parameters for understanding and evaluating UN sanctions policy. (p. 3)
The book is comprised of the following: 1. “The Character of the Sanctions Decade”; 2. “How to Think About the Success and Impact of Sanctions”; 3. “Sanctions Against Iraq”; 4. “Sanctioning Yugoslavia”; 5. “Helping Haiti?”; 6. “Taming Terrorism: Sanctions Against Libya, Sudan, and Afghanistan”; 7. “Cambodia: Isolating the Khmer Rouge”; 8. “Angola’s Agony”; 9. “Sierra Leone: The Failure of Regional -- and International Sanctions”; 10. “Flawed UN Arms Embargoes in Somalia, Liberia, and Rwanda”; 11. “Case Findings”; and 12. “Recommendations for a New Sanctions Policy.” 1232. Cortright, David, and Lopez, George A. (Eds.) (2002).Smart Sanctions: Targeting Economic Statecraft. Lanham, MD: Rowman & Littlefield. 256 pp. The focus of this book, as the title states, is “smart sanctions”—or the use of selective penalties put in place to apply pressure on specific groups while avoiding the unintended suffering which often results from general embargoes. Fourteen cases of UN-mandated sanctions carried out in the 1990s are examined herein, including those in Cambodia, the Sudan, Rwanda, and the former Yugoslavia. Collectively, the authors conclude that the sanction efforts failed more often than they succeeded, though there were certain instances in which modest goals were achieved. A major conclusion is that the overall effectiveness of sanctions is contingent less on whether they are comprehensive in nature and more on whether they are consistently and thoroughly enforced. The book is comprised of the following chapters: 1. “Targeted Financial Sanctions: Smart Sanctions That Do Work” by David Cortright, George A. Lopez, and Elizabeth S. Rogers; 2. “Targeted Financial Sanctions: The
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U.S. Model” by R. Richard Newcomb; 3. “Targeted Financial Sanctions: Harmonizing National Legislation” by Natalie Reid, Sue E. Eckert, Jarat Chopra, and Thomas J. Biersteker; 4. “European Union Sanctions Against the Federal Republic of Yugoslavia from 1998 to 2000: A Special Exercise in Targeting” by Anthonius W. de Vries; 5. “Arms Embargoes: In Name Only?” by Loretta Bondi; 6. “Putting More Teeth in UN Arms Embargoes” by Michael Brzoska; 7. “The UN Experience with Travel Sanctions: Selected Cases and Conclusions” by Richard W. Conroy; 8. “Analyzing the Effects of Targeted Sanctions” by Kimberely Ann Elliott; 9. “United Nations Economic Sanctions: Minimizing Adverse Effects on Nontarget States” by Margaret P. Doxey; and 10. “Smart Sanctions in Iraq: Policy Options” by David Cortright, Alistair Millar, and George A. Lopez. 1233. Cortright, David; Lopez, George A.; and Rogers, Elizabeth S. (2002). “Targeted Financial Sanctions: Smart Sanctions That Do Work,” pp. 23–40. In David Cortright and George A. Lopez (Eds.) Smart Sanctions: Targeting Economic Statecraft. Lanham, MD: Rowman & Littlefield. In their introduction, the authors note that their chapter reviews recent cases involving assets freezing and examines the formidable challenges that stand in the way of a more effective use of this instrument. We highlight progress in the fight against international money laundering and the relevance of this effort for the enforcement of financial sanctions. These developments make a regime of targeted financial sanctions a potentially useful tool of international coercion. The chapter concludes with a review of policy recommendations for enhancing the potential utility of assets freezing as a key element of targeted financial sanctions. (p. 23)
One of the many cases examined is the use of sanctions against the former Yugoslavia. 1234. Crawford, Neta C., and Klotz, Audie (Eds.) (1998). How Sanctions Work: Lessons from South Africa. London: Macmillan Press. 312 pp. This edited volume, compromised of essays by contributors from Canada, South Africa, and the United States, provides an analysis of the impact of a wide range of sanctions (e.g., financial, military, cultural isolation, and diplomatic solutions) against South Africa’s apartheid regime. While the collective set of authors readily acknowledge the vast complexities involved in implementing successful sanctions and the differing impact various sanctions may have, the overall conclusion is that sanctions were largely constructive and significant in bringing about majority rule in South Africa. There is ample food for thought in this book for scholars of genocide studies as well as others who are interested in and/or involved with issues pertaining to the prevention and intervention of genocide.
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1235. Damrosch, Lori Fisler (1993). “The Civilian Impact of Economic Sanctions,” pp. 274–315. In Lori Fisler Damrosch (Ed.) Enforcing Restraint: Collective Intervention in Internal Conflicts. New York: Council on Foreign Relations Press. Damrosch, professor of Law at Columbia University, examines the unique problems that internal conflicts may pose vis-à-vis the adoption of economic sanctions programs. She also suggests a framework for evaluating sanctions adopted through the United Nations or regional organizations. 1236. Damrosch, Lori Fisler (Ed.) (1993). Enforcing Restraint: Collective Intervention in Internal Conflicts. New York: Council on Foreign Relations Press. 403 pp. Enforcing Restraint focuses on the role of the international community in resolving internal conflict where it threatens international stability. One chapter deals exclusively with the issue of sanctions: chapter 7. “The Civilian Impact of Economic Sanctions” by Lori Fisler Damrosch. 1237. de Jonge Oudraat, Chantal (2000). “Making Economic Sanctions Work.” Survival: The IISS Quarterly. Autumn, 42(3):105–127. The author, an associate at the Carnegie Endowment for International Peace in Washington, D.C., discusses how the United Nations Security Council’s ever-increasing tendency to impose economic sanctions in an attempt to prevent, manage, or resolve violent conflict has been limited and how the humanitarian consequences, though unintended, have been severe. She argues that while sanctions can be an effective instrument, they must be implemented properly and as part of a comprehensive coercive strategy that includes the threat of force. She further argues that many of the sanctions implemented in the 1990s failed due to the fact that they neglected to meet the latter conditions. 1238. de Vries, Anthonius W. (2002). “European Union Sanctions Against the Federal Republic of Yugoslavia from 1998 to 2000: A Special Exercise in Targeting,” pp. 87–108. In David Cortright and George A. Lopez (Eds.) Smart Sanctions: Targeting Economic Statecraft. Lanham, MD: Rowman & Littlefield. The author, the economic and financial sanctions coordinator at the European Commission in Brussels, examines the use of sanctions as instruments of foreign and security policy of the European Union (EU). In doing so, he specifically addresses the targeted EU sanctions imposed on the Federal Republic of Yugoslavia (FRY) in the years from 1998 to 2000. Among some of the key issues discussed are: EU decision-making procedures with respect to sanctions; political objectives of the sanctions against the Federal
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Republic of Yugoslavia; specific sanctions measures (arms embargo, flight ban, oil embargo, financial sanctions, investment ban); and the effectiveness of targeting). 1239. de Waal, Alex (2000). Who Fights? Who Cares? War and Humanitarian Action in Africa. Trenton, NJ: Africa World Press, Inc. 243 pp. The essays in this volume were initially prepared for a conference on “humanitarian and political challenges in Africa” that was held in Kigali, Rwanda, in October 1999. The conference was convened by InterAfrica Group and Justice Africa and hosted by the Pan African movement. The essays herein are unsigned. They are reportedly based on a wide range of contributions—both written and verbal. Among the diverse set of issues addressed are: “What are the causes, implications and solutions for genocide, especially in the Great Lakes?”; “What institutions can be effective in preventing and relieving humanitarian crises?”; and “What mechanisms for humanitarian accountability can be developed?” One chapter (chapter 4) focuses on the issues of sanctions: “Interventions and Sanctions.” 1240. Doxey, Margaret P. (1996). International Sanctions in Contemporary Perspective. Basingstoke, GB: Macmillan. 164 pp. The author, emerita professor of Political Science at Trent University in Ontario, Canada, includes summaries of fourteen major cases (including Serbia), and presents an analysis of the rationales for the implementation of sanctions in the various situations. Ultimately, she argues that the United Nations has the most comprehensive and legitimate framework for sanctions available. 1241. Doxey, Margaret P. (2002). “United Nations Economic Sanctions: Minimizing Adverse Effects on Nontarget States,” pp. 183–200. In David Cortright and George A. Lopez (Eds.) Smart Sanctions: Targeting Economic Statecraft. Lanham, MD: Rowman & Littlefield. The author discusses the dimensions of the problem surrounding sanctions, and then presents a host of recommendations (e.g., prior consideration of likely effects, the consideration of using targeted measures aimed at rulers and elites, the issue of exemptions, and providing assistance for adverselyaffected nontarget states). 1242. Doxey, Margaret P. (1997). United Nations Sanctions: Current Policy Issues. Halifax, Nova Scotia: Centre for Foreign Policy Studies. 48 pp. This booklet is comprised of the following chapters: 1. “Costs and Burden Sharing”; 2. “Humanitarian Concerns”; 3. “The Scope for Targeted
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Measures”; and 4. “Administration and Enforcement of UN Sanctions Regimes.” 1243. Gowlland-Debbas, Vera (Ed.) (2001). UN Sanctions in International Law. The Hague: Kluwer Law International. 408 pp. The essays in this volume were first presented at a colloquium organized by the Graduate Institute of International Studies in Geneva, Switzerland. It is comprised of thirty-one papers, eight of which are in French. Part I of the volume is comprised of theoretical issues; Part II addresses the many humanitarian issues at stake when sanctions are applied; Part III includes eight essays on the imposition and implementation of UN Security Council sanctions resolutions; and Part IV examines the future of sanctions. Among the topics addressed in the various essays are: the ongoing and numerous disputes over the definition of sanctions; the concept of sanctions in international law; the evolution of sanctions practices under Chapter VII of the UN Charter; unilateral sanctions (or those issued by a single state); the difficulty in reconciling humanitarian concerns with the need for effective sanctions; the insertion of a sanctions dimension into the world of human rights monitoring; the elimination of economic of sanctions in favor of diplomatic sanctions; and greater use of preventive measures, such as peacemaking and the peaceful settlement of disputes, in lieu of economic sanctions. The various authors consider both “vertical sanctions” (or those imposed by the UN Security Council) as well as “horizontal sanctions” (or those imposed state to state). 1244. Haass, Richard N. (1998). “Conclusions: Lessons and Recommendations,” pp. 197–212. In Richard N. Haass (Ed.) Economic Sanctions and American Diplomacy. New York: Council on Foreign Relations. In this chapter, Haass, director of foreign policy studies at the Brooking’s Institution, spells out ten lessons that can be learned from the eight case studies included in Economic Sanctions and American Policy, and delineates twelve guidelines/recommendations that could be used to inform future decisions to employ sanctions. The ten lessons are: “1. Sanctions alone are unlikely to achieve desired results if the aims are large or time is short; 2. Under the right circumstances, sanctions can achieve (or help to achieve) foreign policy goals ranging from modest to the fairly significant; 3. Unilateral sanctions are rarely effective; 4. Sanctions often produce unintended and undesirable consequences; 5. Sanctions can be expensive for American businesses, farmers, and workers; 6. Authoritarian, statist societies are often able to . . . withstand the effects of sanctions; 7. Military enforcement can
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increase the economic and military impact (although not necessarily the political effects) of a given sanction; 8. Sanctions can increase pressures to intervene with military force when they are unable to resolve the crisis at hand; 9. Sanctions tend to be easier to introduce than lift; and 10. ‘Sanctions fatigue’ tends to settle in over time, and, as it does, international compliance tends to diminish” (pp. 197, 198, 200, 201, 203, 204, 205). Among the twelve guidelines are: “1. Economic sanctions are a serious instrument of foreign policy and should be employed only after consideration no less rigorous than what would precede any other form of intervention, including the use of military force; 2. Multilateral support for economic sanctions . . . should constitute a prerequisite for their introduction by the United States; 3. Secondary sanctions . . . are not a desirable means of bringing about multilateral support for sanctions . . . ; 4. Economic sanctions should focus . . . on those responsible for the offending behavior or on penalizing countries . . . that stimulated sanctions in the first place; 5. Sanctions should not be used to hold major or complex bilateral relationships hostage to a single issue or set of concerns; 6. Humanitarianism exceptions should be included as part of any comprehensive sanctions; 7. Any use of sanctions should be as swift and as purposeful as possible; 8. Policymakers should prepare and send to Congress a policy statement . . . ; 9. All sanctions embedded in legislation should provide for presidential discretion . . . ; 11. U.S. intelligence capabilities must be reoriented to meet the demands created by sanctions’ policy; and 12. Any sanction should be the subject of an annual impact statement” (pp. 205, 206, 207, 208, 209, 210). 1245. Haass, Richard N., and O’Sullivan, Meghan L. (2000). Honey and Vinegar: Incentives, Sanctions and Foreign Policy. Washington, D.C.: The Brookings Institution. 168 pp. The authors, both with the Brookings Institution, present an examination of “engagement” strategies that primarily involve the use of positive incentives. The authors contend that engagement has great potential as a tool for modifying the behavior of regimes with whom the United States has disagreements. 1246. Harff, Barbara (2000). “The Etiology of Genocides,” pp. 41–59. In Isidor Walliman and Michael N. Dobkowski (Eds.) Genocide in the Modern Age: Etiology and Case Studies of Mass Death. Syracuse, NY: Syracuse University Press. In this essay, Harff, professor of Political Science at the U.S. Naval Academy and a noted genocide scholar, touches on the issue of placing sanctions on genocide perpetrating states. In part she states that “A third factor triggering genocide against nation’s groups is the lack of external constraints on, or
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foreign support for, murderous regimes. At present, lack of international sanctions and/or intervention against massive human rights violations is the norm rather than the exception” (pp. 43–44). 1247. Hefner, Robert W. (2000). “East Timor and Indonesia: The Roots of Violence and Intervention.” The ISG [Institute for the Study of Genocide] Newsletter, Winter, 24:1–4. Herein, Hefner, an anthropologist at Boston University who has studied Indonesia intensely, (1) presents a historical overview of the conflict between East Timor and Indonesia; (2) discusses the 1999 plebiscite in East Timor, including the violence orchestrated by the Indonesian military; and (3) presents what he perceives as the wisest options open to the United States, Australia and others, in addressing the ongoing conflict in a way that does not exacerbate it. An editor’s note accompanying this article states that: “On September 12th, Pres. Habibie ‘capitulated to international pressure today and invited the United Nations to send a peacekeeping force to the troubled territory.’ (New York Times, September 13, 1999, p. 1). Two days earlier, Pres. Clinton had condemned Indonesia, and said they must let in an international force, having previously suspended U.S. aid” (p. 3). 1248. Heine-Ellison, Sofia (2001). “The Impact and Effectiveness of Multilateral Economic Sanctions: A Comparative Study.” The International Journal of Human Rights, 5(1):81–112. In her abstract to this Article, Heine-Ellison, a researcher at the Graduate Center, the City University of New York, writes that This Article examines differences in targeted and comprehensive multilateral sanction regimes in the post-Cold War era. . . . Improving the effectiveness of sanctions regimes is also addressed. Through four comparative cases—Iraq, the former Yugoslavia, Angola, and Sierra Leone–differences in impact and effectiveness are explored. The former two cases are utilized to examine comprehensive sanctions, while the latter two represent targeted sanctions regimes. To provide the framework necessary for evaluating sanctions, the Article presents an overview of the sanctions literature. . . . Through the comparative case study, the Article finds some support for the hypothesis that targeted sanctions are more humane than comprehensive sanctions. However, the case of Sierra Leone indicates that even targeted sanctions can have unintended humanitarian consequences and should therefore be applied with extreme caution. The Article does not find support for the hypothesis that targeted sanctions are more humane than comprehensive sanctions. However, this does not seem to be due to the targeted nature of the sanctions, but primarily to problems with monitoring and compliance, as both the cases of Angola and Sierra Leone indicate. This suggests that in order to increase effectiveness, further measures are needed
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to create effective monitoring systems, and that strengthened collaboration between countries and organizations is necessary. Furthermore, there should be careful monitoring of compliance through the duration of the sanctions regime, and consideration of partial lifting of the sanctions in cases of partial compliance as they may generate further compliance. (p. 81)
The article is comprised of the following sections: Economic Sanctions: An Overview; Effectiveness of Economic Sanctions; Humanitarian Concerns and Impact on Third States; Case Studies; and Conclusions and Recommendations. 1249. Hufbauer, Gary Clyde; Schott, Jeffrey J.; and Elliott, Kimberly Ann (2001). Economic Sanctions Reconsidered: History and Current Policy. Washington, DC.: Institute for International Economics. 350 pp. Included herein is the study of over one hundred cases of economic sanctions during the course of the twentieth century. Notably, fifty of the sanctions were imposed during the 1990s. Each case study contains a concise chronology, the sanctioning country’s objectives, the target country’s response, and the role played by important third countries. 1250. Hume, Cameron R. (1997). “A Diplomatic View,” pp. 319–336. In I. William Zartman and J. Lewis Rasmussen (Eds.) Peacemaking in International Conflict: Methods & Techniques. Washington, D.C.: United States Institute of Peace Press. This is an interesting and informative essay by the minister-counselor for political affairs at the U.S. Mission at the United Nations that addresses the following issues, among others: the fact that diplomats are now wont to using various experimental approaches that combine several conflict-resolution measures, including but not limited to: (1) an enhanced role for the UN secretary general, (2) states acting in concert, (3) UN-sanctioned enforcement measures, and (4) providing assistance for the civilian authority. The titles of the various sections of his essay provide a more specific sense of the issues that Hume addresses: Experimental and Practical Approaches: The Security Council; Impartial Third Parties in Africa; Regional Arrangements: Central Asia and the Caucasus; Sanctions and the Use of Force in the Former Yugoslavia; Further Avenues; and Challenges Ahead. 1251. The Independent Working Group on the Future of the United Nations (1995). The United Nations in Its Second Half Century. New York: Ford Foundation. 53 pp. In this report, the Independent Working Group (comprised of such distinguished figures as Richard von Weizsäcker, former president of the Federal Republic of Germany; Koji Kakizawa, former foreign minister of Japan;
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Xue Mouhong, former ambassador of China; Anthony Parsons, former permanent representative to the United Nations, United Kingdom; and Paul Kennedy, professor of History, Yale University) discusses a host of issues germane to the UN role’s in regard to the prevention and intervention of genocide, including the imposition of sanctions. 1252. Kourula, Pirkko (1997). Broadening the Edges: Refugee Definition and International Protection Revisited. The Hague: Martinus Nijhoff Publishers. 407 pp. The purpose of this book by a former official of the United Nations High Commissioner for Refugees (UNHCR) is to bring the refugee issue out of the narrow confines of refugee law into the center of international law and international relations. The broadening concept of security, affecting the attitudes of states toward refugees, is the underlying theme of the work. It reviews the concept of the refugee, and the international protection of refugees from the perspective of the prospects and limitations of multilateralism in the post-cold war era. In part, Kourula presents a review of state practice within the United Nations and regional contexts, as well as a review of the practice of the United Nations inter-agency system. Ultimately, how best to provide international protection to all those in need of it is reviewed from a number of different perspectives—including that of peacekeeping, sanctions, and coordination and competence within the United Nations. 1253. Martin, Lisa L. (1992). Coercive Cooperation: Explaining Multilateral Economic Sanctions. Princeton, NJ: Princeton University Press. 324 pp. In this study (which makes use of game-theoretic models, statistical analysis, and case studies), Martin discusses the issue of economic situations in the broader theoretical framework of international cooperation. In doing so, she presents a typology of “cooperation problems” and tests it against four case studies. She emphasizes that credible commitments gain international cooperation, and concludes that the involvement of international institutions and the willingness of the main “sender” to bear heavy costs are the central factors influencing the sanction’s credibility. 1254. Owen, Lord David (2000). “A Clinician’s Caution: Rhetoric and Reality,” pp. 3–16. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. Owen (former foreign secretary of the United Kingdom and the European Union’s mediator to the former Yugoslavia) discusses all of the following: (1) his perception as to the realities of intervention, (2) the need to be wellinformed and cautious when considering intervention, (3) the importance to
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know when not to intervene, and (4) the critical need to have the awareness of when (as well as the fortitude) to “cut one’s losses and leave.” In the course of his essay, he discusses the following: the 1994 Somalia crisis; the 1994 Rwandan genocide; the “safe haven” policy in Bosnia-Herzegovina in the 1990s; the haphazard implementation of sanctions against various parties in the former Yugoslavia; NATO’s involvement in Bosnia and Kosovo; and the various roles, responsibilities and limitations of such entities as the UN and NATO. 1255. Pape, Robert A. (1997). “Why Economic Sanctions Do Not Work.” International Security, 22(2):90–136. The author basically argues that the imposition of sanctions are not likely to result in the desired foreign policy goals at which they are aimed at obtaining. 1256. Reid, Natalie; Eckert, Sue E.; Chopra, Jarat; and Biersteker, Thomas (2002). “Targeted Financial Sanctions: Harmonizing National Legislation and Regulatory Practices,” pp. 65–86. In David Cortright and George A. Lopez (Eds.) Smart Sanctions: Targeting Economic Statecraft. Lanham, MD: Rowman & Littlefield. In their introduction, the authors note that The first comprehensive attempt to examine targeted financial sanctions was organized by the Swiss government in 1998 and 1999 (the Interlaken Process). These sessions made a significant contribution to furthering the discussion and understanding of the instrument of targeted financial sanctions. In addition, two roundtable discussions in New York were organized jointly by the Thomas J. Watson Jr. Institute for International Studies at Brown University and the Council on Foreign Relations in May and June of 1998. The round tables convened bankers, lawyers, scholars, and policy practitioners to explore the feasibility of targeted financial sanctions and ways to make them more effective. A common finding of both efforts was that national legal and regularity systems define the degree of private sector compliance and that differing systems impede more effective implementation of targeted financial sanctions. To explore further ways to improve implementation by identifying core elements of model legislation that could improve sanctions implementation, the Watson Institute has initiated an analysis of the legal and regulatory systems of major convertible currency countries. . . . This chapters represents a status report of findings to date and addresses current research topics regarding targeted financial sanctions. (pp. 65–66)
1257. Scharf, Michael, and Dorosin, Joshua L. (1993). “Interpreting UN Sanctions: The Ruling and Role of the Yugoslavia Sanctions Committee.” Brooklyn Journal of International Law, XIX(3):771–827.
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Scharf, who served as the U.S. Department of State lawyer with responsibility for the drafting and interpretation of UN Security Council Resolutions concerning the Yugoslavia crisis, and Dorosin, who served as an extern in the office of the legal adviser in the U.S. Department of State where he was a member of the State Department’s Serbia Sanctions Task Force, note the following at the outset of their article: Part I of this article provides, for the first time, a systematic analysis of over one hundred key rulings of the UN Yugoslavia Sanctions Committee, grouping them into categories for easy reference. It is hoped that this digest of important Sanctions Committee rulings will aid the members of the Sanctions Committee in identifying and following precedent, aid governments in implementing the sanctions, and assist businesses (and their lawyers) in operating under them. This article does not, however, purport to be a comprehensive survey of all the Sanctions Committee’s cases, or even all of its important cases. Indeed, one of the main purposes of this piece is to demonstrate the need for such a comprehensive undertaking by the UN Secretariat. Rather, this article focuses on those Sanctions Committee cases that establish important precedents, significantly expand or contract the reach of the sanctions, or tell us something useful about the nature and operation of the Sanctions Committee. Drawing from this material, Part II of the article seeks to provide broader insights into the process of UN Security Council resolution implementation and suggests several possible changes to improve the way in which the Sanctions Committee operates. (pp. 773–774)
1258. Scheffer, David J. (1998). “U.N. Engagement in Ethnic Conflict,” pp. 147–177. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. Scheffer, U.S. ambassador at large for war crimes issues, notes that This chapter examines how the United Nations engages in ethnic conflicts. Conventional wisdom assumes that U.N. engagement is limited to often ineffective peacekeeping operations in strife-torn countries. . . . However, peacekeeping is only one of a wide range of tools the United Nations employs to varying effect in its efforts to manage ethnic conflicts. The law and practice of the United Nations in this area have evolved at an accelerating pace during the 1990s and in ways that would have astonished the framers of the Charter in 1945. They would not have anticipated that ethnic conflicts of largely internal character would necessitate U.N. engagement on so many fronts. But population growth, refugee flows, trade in conventional arms, the collapse of cold war discipline imposed by the superpowers, and the pursuit of power by local warlords . . . have combined to create societies within which ethnic tensions—often already fueled by traditional interethnic bigotry—explode in ways that demand international attention. I have chosen to focus broadly on how the United Nations engages in ethnic conflicts . . . These goals include containment of ethnic conflicts, support for
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self-determination, promotion of democracy, and institution building. The legal basis for the pursuit of these goals, particularly by the Security Council, is examined in Part II. Central to this is analysis of the legal authority for peaceful measures (primarily under Chapter VI of the U.N. Charter), the legal authority for coercive measures (under Chapter VII or VIII of the Charter), and the legal authority for norm elaboration and quasi-judicial pronouncements (such as by the General Assembly or Economic and Social Council). Such legal authority has itself evolved in recent years to reveal the U.N. Charter as a living document that can be applied effectively, at least in theory and sometimes in practice, to contemporary challenges. . . . Part III discusses seven modes of engagement in ethnic conflicts: hortatory actions, diplomatic intervention, sanctions, military and humanitarian interventions, implementation of peace agreements, and international judicial intervention. In the conclusion, this chapter will discuss both the strengths and weaknesses of U.N. approaches to ethnic conflicts. (p. 147)
1259. Selden, Zachary (1999). Economic Sanctions as Instruments of American Foreign Policy. Westport, CT: Praeger Publishers. 147 pp. In particular, chapter 4, “Sanctions Against Yugoslavia” (pp. 65–84) should be of interest to those concerned with the issues of the prevention and intervention of genocide. Selden, research director for Emerging Threats at Business Executives for National Security, examines the strengths and weaknesses and pros and cons of the types and effects of the sanctions imposed against the former Yugoslavia in the early- to mid- 1990s. In doing so, he provides a “structural explanation” for what he perceives as the ineffectiveness of sanctions. 1260. Skidelsky, Lord Robert, and Mortimer, Edward (2000). “Economic Sanctions as a Means to International Health,” pp. 143–161. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. Skidelsky, professor of political economy of Warwick University, and Mortimer, Honorary Professor of Politics and International Studies at Warwick University, note, argue, and then recommend the following: The traditional aim of preventive diplomacy is to ensure the maintenance of peace. This chapter examines the role of sanctions as an instrument of preventive diplomacy. . . . It excludes the use of military and diplomatic sanctions, and concentrates on economic sanctions. Economic sanctions . . . are the use of economic instruments to secure behavior desired by the sanctioning authority. They usually involve the imposition of, or threat to impose, economic costs on the sanctioned state. They are seen as one link in a chain of graduated pressure short of war, more powerful than diplomatic pressure, less powerful than military preparations. They can be used to prevent, contain, or eliminate undesired behavior . . . (p. 143)
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Continuing, the authors state that [T]he problem of what sanctions work, and in what circumstances, remains. But the effectiveness of sanctions remains problematic. The general idea of sanctions is to raise the costs of unacceptable behavior. They may either operate ex ante, deterring certain kinds of behavior (and rewarding others), or ex post, punishing them. (p. 144)
Ultimately, the authors make the following recommendations: 1. When sanctions are used they . . . should be targeted at the decision makers whose policy or behavior they are intended to punish or influence . . . ; 2. Sanctions should not be thought of as a humane alternative to the use of force. They are themselves a way of using force, and their human consequences, if they are sustained over a long period, can be as bad as, or even worse than, those of direct military action. They should be seen as a method of waging war rather than preventing it; 3. It should not be assumed that regimes targeted by sanctions will cooperate in shielding the general population from their most painful effects; 4. More attention should be given to ways of compensating innocent victims of sanctions . . . ; and 5. Isolating or pillorying a state will not normally bring about an improvement in its human rights performance. Discreet warnings from private investors may often be more effective in altering a regime’s behavior than public ones from other governments. (p. 161)
1261. Stedman, Stephen John (1998). “The Former Yugoslavia,” pp. 177–196. In Richard N. Haass (Ed.) Economic Sanctions and American Diplomacy. New York: Council on Foreign Relations. Written by a senior research scholar at the Center for International Security and Arms Control at Stanford University, this essay provides a measured and detailed analysis of the economic and military sanctions imposed on the former Yugoslavia between 1991 and 1998. Among the many issues Stedman addresses are the following: the historical background of the conflict in the former Yugoslavia, U.S. policy regarding the implementation of sanctions vis-à-vis the Yugoslav crisis, the rationale and effects of the arms embargo that was implemented, the rationale and impact of the economic sanctions that were implemented, the removal of the sanctions, and an evaluation of the effectiveness of the sanctions vis-à-vis the issues of conflict prevention and conflict resolution. In his thought-provoking introduction, Stedman observes and asserts the following:
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Economic and military actions were key instruments of American foreign policy toward the former Yugoslavia from 1991 through 1998. . . . Before war came to Yugoslavia in 1991, Congress voted to threaten the country with sanctions in protest of Serbian persecution of ethnic Albanians in . . . Kosovo. In 1991, during the crises of Slovenian and Croatian secession, the United States, in conjunction with its European allies and the United Nations, applied sanctions and an arms embargo in the hope of preventing deadly conflict. When such failed and war spread to Bosnia in 1992, the United States labeled Serbia the aggressor and pushed for more intense sanctions as a means of weakening Serbian President Slobodan Milosevic in the hopes of removing him. At the same time, mediators to the conflict promised to remove sanctions as an incentive to persuade him to terminate the war. In 1994 sanctions were extended to punish the Bosnian Serbs for their unwillingness to make peace. [I]n March 1998 American policymakers threatened renewed economic penalties in order to push Milosevic to refrain from using force in Kosovo. For some, sanctions were meant to punish Milosevic and to lead to his over-throw. For others, sanctions were a bargaining chip to persuade Milosevic to alter his policies and to support a negotiated settlement to the war in Bosnia. . . . [W]hereas the former policy was a punitive one aimed at destroying [Milosevic,] the latter was a redemptive one aimed at persuading him to change his actions . . . [B]oth rationales overestimated the ability of sanctions to produce desired effects. Sanctions never seriously threatened Milosevic’s leadership in Serbia. [They] were [also] inadequate as a tool to prevent the wars in the Balkans, and their contribution to bringing the war to a negotiated end was overrated. Although the sanctions succeeded in dissuading Milosevic from continuing his support for the Bosnian Serbs, they had little impact on Bosnian Serb willingness to sign a peace agreement. In the end, sanctions were secondary to dramatic shifts in the battlefield balance of power and NATO air strikes in persuading the Bosnian Serb leadership to end the war. (pp. 177–178)
1262. Stremlau, John (1996). Sharpening International Sanctions: Toward a Stronger Role for the United Nations—A Report to the Carnegie Commission on Preventing Deadly Conflict. New York: Carnegie Cooperation of New York. 78 pp. This report is comprised of five chapters: I. “Background”; 2. “Emerging International Trends That Affect Sanctions”; 3. “Sanctions Innovations of the 1990s” (including those implemented in Yugoslavia, Somalia, and Rwanda); 4. “Secondary Effects of Sanction Regimes”; and 5. “Sharpening UN Sanctions Capabilities.” In the Executive Summary, Stremlau states the following: The end of the Cold War and successful multilateral cooperation during the Gulf War led to a surge of United Nations-mandated sanctions. The Security Council imposed sanctions only twice between 1945 and 1990 but eight times between 1990 and 1994. In the two cases before 1990, Rhodesia and South
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Africa, the UN imposed sanctions to protest the denial of human rights and the domestic abuse of power within states rather than to counter traditional threats or acts of interstate aggression, as envisioned by the founders of the UN. Since the imposition of sanctions against Iraq in 1990, the Security Council has expanded the range of problems for which Chapter VII mandatory sanctions are justified: the use of force in the former Yugoslavia, Libya’s support for terrorism, civil strife in Somalia and Liberia, genocide in Rwanda, the abrogation of democracy in Haiti, and renewed insurrection in Angola. Sanctions generally serve three diplomatic functions. They send a signal of international concern to an offending state, seek to modify the unacceptable behavior of a state toward other states or against its own citizens, and warn of stronger actions to follow—including the use of force. The power to impose sanctions remains the exclusive domain of national governments. The UN or other multilateral bodies can only authorize, not enforce, such measures. Sanctions only reflect international norms, they do not create them. They can, however, significantly affect the credibility of international norms. Indeed, the more sanctions become a regular and effective instrument, the greater should be their deterrent value as a tool of conflict prevention in dealing with potential aggressors or oppressors. (pp. i–ii)
1263. The United States Institute of Peace’s Balkans Working Group (1999). “Yugoslavia”: Building Democratic Institutions. Washington, D.C.: United States Institute of Peace. 8 pp. This report includes a section entitled “Engagement or More Effective Isolation: The Sanctions Debate.” Note: This report was written prior to the start of the NATO air campaign against the “Federal Republic of Yugoslavia” (“FRY”) on March 24, 1999. 1264. Wallensteen, Peter (2000). A Century of Economic Sanctions: A Field Revisited. Uppsala, Sweden: Uppsala University. 23 pp. Wallensteen, professor in the Department of Peace and Conflict Research at Uppsala University, provides a succinct but highly informative overview of the history of sanctions as well as the effect of sanctions during the course of the twentieth century. The book is comprised of the following sections: 1. A Thirty Year Cycle?; 2. Success and Failure: The Rate of Success Remains Low; 3. Sender Perspectives; 4. Target Perspectives; 5. International Perspectives; and 6. General Conclusions. Among the sanctions discussed in regard to genocidal issues are: Rwanda (mid- 1990s), the former Yugoslavia (1990s), and Kosovo (late 1990s).
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1265. Weiss, Thomas G. (1993). “Intervention and Genocide.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:6–7. As part of a forum (“A Forum on Prevention of Genocide and Mass Killing”) organized by the New York City-based Institute for the Study of Genocide, and in response to two questions (“What should be the preconditions for creating and recognizing new states and retracting (or suspending) recognition?” and “What other solutions would you recommend to rectify the past discrimination of regional or dispersed minorities who have experienced denial of civil and political rights?”) posited to the panelists, Weiss (associate director of Brown University’s Thomas J. Watson Institute for International Studies), delineates that which constitutes intervention, provides what he considers to be a more precise definition of “international intervention” than is usually used, and discusses the West’s and the United Nation’s tentative, half-hearted, and often disastrous interventions in various crisis-situations in the early 1990s (and, in particular, the situation in the former Yugoslavia). In regard to the latter, Weiss trenchantly comments that Incremental measures under United Nations auspices paradoxically fostered Serbia’s genocidal war aims. Given their traditional constraints and operating procedures, UN soldiers were not strong enough to deter the Serbs. But they deterred the international community from more assertive intervention because the troops, along with aid workers, were vulnerable targets. While assistance to refugees saved lives, it also helped foster ethnic cleansing by stimulating movement of unwanted populations. Air-drops of food made it seem as if people counted; while massive and unspeakable human rights abuse and war crimes continued unabated. Inadequate military and humanitarian action, combined with half-hearted sanctions and a negotiating charade, thus constituted a powerful diversion. They collectively impeded more vigorous Western diplomatic and military pressure or lifting the arms embargo for Muslims to help level the killing fields. (p. 7)
1266. Weiss, Thomas G. (1999). “Sanctions as a Foreign Policy Tool: Weighing Humanitarian Impulses.” Journal of Peace Research, 36(5):499–510. The gist of Weiss’ position/essay is that sanctions can be designed both to be more effective and less inhumane than they currently are, but much more research is required regarding their precise impact on civilian and targeted regimes. The essay is comprised of the following sections: Non-Forcible Sanctions in the 1990s; The Boom; The Bust; and Assured Civilian Pain Versus Doubtful Political Gain: Promising Research Topics (Targeted Sanctions and Incentives, Making Sanctions More Palatable, Pre-Assessment, Moral Dilemmas, and “Humane” Military Force).
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C. Information and/or Media Intervention 1267. Arquilla, John, and Ronfeldt, David (1999). The Emergence of Noopolitik: Toward an American Information Strategy. Washington, D.C.: RAND. 89 pp. In this fascinating booklet, the authors discuss the concept of “noopolitik.” They assert that it is an emerging form of statecraft that places an emphasis on the significance of sharing ideas and values globally, primarily through the exercise of “soft power” rather than traditional military “hard power.” The authors discuss the various and varied opportunities that may result from the emergence of noopolitik. In regard to the issue of international cooperation, the authors suggest strategic approaches for improving the capacity of state and nonstate actors to work together to address transnational problems. More specifically, in chapter Four, “International Cooperation and Conflict,” the authors discuss such issues as information strategy and global cooperation, the economic-legal realm, military-security affairs, the sociopolitical arena, building global cooperation, information strategy and crisis and conflict, and the rule of public diplomacy. 1268. Badsey, Stephen (1997). “The Media and UN ‘Peacekeeping’ Since the Gulf War.” The Journal of Conflict Studies. Spring, 17(1):7–27. In his introduction, Badsey, a senior lecturer in the Department of War Studies at the Royal Military Academy Sandhurst, argues as follows: [The changes in United Nations (UN)] peacekeeping operations within the last five years have been both dramatic and multifaceted. This article attempts to show that the media (particularly those of the United States, which are dominant within, and may under most circumstances, be taken as virtually identical to the international media) have in all their respects become, and remain, critical elements in determining the success or failure of these operations. It points to three principal areas of current practice regarding the media which have contributed to the failure or partial failure of recent UN “peacekeeping” missions. One of these is a failure of understanding of the media exhibited by the government and military forces of the United States, the result of doctrine established before the end of the Cold War. Another is the failure of the UN or its constituent members to respond effectively to anti-peacekeeper propaganda, especially that promulgated by political authorities in the target countries for “peacekeeping,” [along with] their ability to exploit the international media for propaganda purposes. The third is the failure of the UN to develop “peacekeeping” doctrine which takes the value of the media into account. The article calls for advances in international relations theory in this field as an aid to further understanding. (p. 7)
1269. Blinderman, Eric (2002). “International Law and Information Intervention,” pp. 104–138. In Monroe E. Price and Mark Thompson (Eds.) Forging
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Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In this piece, Blinderman, an attorney with degrees in communication and international law, first defines the term “information intervention” and compares it to more traditional legal concepts of humanitarian intervention. . . . In the middle sections, the chapter discusses the legality of United Nations-authorized pre-emptive information intervention and contrasts it to the purported legality of information intervention undertaken by a single state or group of states that do not receive authorization from the United Nations or the target state’s consent. The chapter then discusses whether an intervening state or group of states may lawfully utilize the techniques of information intervention against a target state when individuals in the target state, acting in their individual or official capacity, utilize media outlets at their disposal to incite others into committing genocide. Finally, the last section argues that new international legal norms allowing for both United Nations authorized and non-authorized pre-emptive information intervention need to be created so that states are better equipped to prevent the occurrence of systematic and widespread human rights violations. (p. 106)
1270. Carmichael, Patrick (2002). “Information Intervention, Media Development, and the Internet,” pp. 365–392. In Monroe E. Price and Mark Thompson (Eds.) Foreign Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In this chapter, Carmichael, lecturer in information technology and education at Reading University, focuses “on the vulnerability of electronic networks in many parts of the world including post-conflict zones, the lack of strategic thinking on the part of governments and non-governmental organizations (NGOs) about the potential applications of these networks, and the particular paradox that exists, in places recovering from the consequences of enacted hatred, between extending access and maintaining control” (p. 365). 1271. The Center for Strategic and International Studies (CSIS) (1998). Reinventing Diplomacy in the Information Age: A Report of the CSIS Advisory Panel on Diplomacy in the Information Age. Washington, D.C.: Author. 188 pp. This study was initiated by CSIS to advance the conduct of U.S. diplomacy. A sixty-three-person advisory board focusing on “the widening participation of publics in international relations and the concurrent revolutions in global business and finance set out to forge a new and bold agenda for diplomacy in the Information Age.” Among the panel members were such luminaries as Lawrence Eagleburger, former U.S. secretary of state in the Bush Administration (1988–1992); Francis Fukuyama, a former Rand computer analyst and U.S. State Department official; Marvin Kalb, former chief diplomatic
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correspondent for CBS News and NBC News and currently the Edward R. Morrow Professor of Press and Public Policy at Harvard University’s John F. Kennedy School of Government; and Richard Solomon, former head of the Social Science Department at the Rand Corporation and currently president of the United States Institute of Peace. Among the six major recommendations are: “Create a More Accessible Environment” (including focusing more attention on international and domestic public opinion); “Lead a Renaissance of Professionalism” (including the establishment of virtual regional and functional teams); “Upgrade Information Technology to Corporate Standards” (including the modernizing of telecommunications systems); and “Move Diplomacy from the Sidelines to the Core of Diplomacy” (including, in part, improving media relations domestically and internationally and modernizing broadcasting by adding a global affairs channel and new surge capacity). 1272. Darbishire, Helen (2002). “Non-Governmental Perspectives: Media Freedom Versus Information Intervention,” pp. 329–364. In Monroe E. Price and Mark Thompson (Eds.) Foreign Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In this chapter, Darbishire, a human rights activist and researcher specializing in the field of freedom of expression and information, “examines the approaches of NGOs to intervention in the media environment in situations of actual or potential conflict and the role NGOs play in the development of policies concerning ‘information intervention’” (p. 329). The chapter is comprised of the following sections: Introduction (The Bombing of Radio Television Serbia: Promise Broken, Precedent Set; Who and What are the Media Freedom NGOs?; A New Breed: The Activist-Donor NGOs); Democratic Debate and Conflict Prevention (The Information Intervention of Choice: Internal Alternatives; Crossing Bridges: Media and Conflict Prevention; Media Assistance as Humanitarian Aid); Before the Rain: Democratization versus Stability In Macedonia (The Consequences of Failure); Policy Questions: Bombing and Jamming (A New NGO Policy on Bombing); Media in Erupting Conflict and Hate Speech (Hate Speech Laws: Use and Abuse; From Defending the Indefensible to Prosecuting Journalists); Post-Conflict: Lessons on Regulation from Bosnia and Kosovo (Relearning the Lessons from Bosnia; Accepting the Need for Media Regulation; Developing and Implementing Mandates: The Professional Approach); and Conclusions: Resolving Policy Disputes. 1273. Dziedzic, Michael, and Wood, William B. (2000). Kosovo Brief: Information Management Offers a New Opportunity for Cooperation Between Civilian
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and Military Entities (Virtual Diplomacy Series). Washington, D.C.: United States Institute of Peace. 6 pp. In this short but informative piece, Dziedzic (colonel, U.S. Air Force and senior military fellow at the National Defense University) and Wood (director, office of the geographer and global issues, bureau of intelligence and research, U.S. Department of State) discuss innovations in computer-based information management which, they argue, have created a valuable opportunity for more effective cooperation between civilian groups and the military engaged in peace missions and/or humanitarian relief operations. This piece is comprised of the following sections: Sharing Geographic Information; Phase One: Development of a Prototype; Phase Two: The HCIC [Humanitarian Community Information Center]; Phase Three: Coordination of KFOR [the Multinational Kosovo Force], U.N., O.S.C.E. [Organization of Security and Cooperation in Europe] and European Union (EU) Activity in the Field; Phase Four: Institutionalizing Information Sharing; and, Lessons Learned from Kosovo. 1274. Guéhenno, Jean Marie (2000). The Topology of Sovereignty (Virtual Diplomacy Series). Washington, D.C: United States Institute of Peace. 4 pp. This report is a transcription of the opening presentation presented at the international conference hosted by the U.S. Institute of Peace to examine the impact of the global community’s revolution in international relations and on the management and resolution of international conflict. Herein, Guéhenno, French ambassador and permanent representative to the Western European Union, explores three points: (1) The new revolution in information and communications (“in a way it is the opposite of the Gutenberg revolution in the sense that it is going to build a new universalism, while Gutenberg’s invention destroyed a certain universalism has an impact on sovereignty; it destroys the idea of territorial sovereignty,” (p. 1); (2) how “this revolution changes the nature of power” (p. 1); and (3) “the implications of this revolution for political institutions” (p. 1). 1275. Lake, David A., and Rothchild, Donald (1998). “Ethnic Fears and Global Engagement,” pp. 339–350. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. Lake, professor of Political Science at the University of California at San Diego, and Rothchild, professor of Political Science at the University of California at Davis, draw some general lessons for both theory and policy in regard to the following questions: “How, why, and when do ethnic conflicts spread across state borders?” and “How can such transnational ethnic
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conflicts best be managed?” Under a section entitled “Toward Practical Initiatives,” they recommend four specific avenues of action: 1. Manage Information; 2. Assist “Failing States”; 3. Invest in Implementation; and 4. Plan and Prevent. 1276. Lehmann, Ingrid A. (1999). Peacekeeping and Public Information: Caught in the Crossfire. Portland, OR and London: Frank Cass Publishers. 175 pp. At the outset of this book, Lehmann, a United Nations official with over two decades of experience in peacekeeping and public information, comments that It is a central tenet of this book that effective communication has become a sine qua non for intergovernmental organizations and their field operations, albeit one not yet fully recognized by the politicians, diplomats and their senior managers. At a time when revolutionary developments in information technology had left their imprint on the way the war in the Persian Gulf was perceived by worldwide television audiences, intergovernmental organizations, foremost the United Nations, continued to disseminate brochures and films by diplomatic pouch, following time-consuming translations into the “official languages.” Daily press releases were still often sent by fax, and electronic mail was introduced only slowly in the late 1990s. There were, as many analysts and critics of the UN have maintained, frequent time delays in information received by the staff in the field. There were as well communication disconnects between the political decisionmakers in the Security Council and the Secretariat, and those attempting to carry out the mandates in the theatre of operations. Largely unbidden, and as often unrecognized, communications have become a strategic command and management function. While this has been recognized by corporations and by most governments—it has continued to be undervalued and, in some instances, actively discouraged as a legitimate activity of the United Nations Secretariat. . . . This book examines how, when, and under what conditions effective communication strategies and information programmes were implemented by the United Nations civilian and military managers of peacekeeping operations, at the operational and tactical levels. It also portrays the consequences of the absence of effective information programmes at the strategic level. (pp. 11–12)
Peacekeeping and Public Information is comprised, in part, of the following chapters: 1. “Towards a Theory of Political Communication for International Organizations”; 2. “Public Information Management in UN Peacekeeping”; 4. “The Information and Education Programmes of UNTAC in Cambodia, 1992–93”; 5. “The Failure to Communicate: UNAMIR in Rwanda, 1994–95”; 7. “Peacekeeping in a Propagandist Environment: From UNPROFOR to UNTAES and the Former Yugoslavia”; and 8. “Comparisons and Conclusions.”
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1277. Mertus, Julie (2002). “Note on Legality of Information Intervention,” pp. 139–147. In Monroe E. Price and Mark Thompson (Eds.) Forging Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. Mertus, currently a consultant with the Humanitarianism & War Project at the Watson Institute for International Affairs (Brown University), examines the following in regard to the issue of the legality of information intervention: “Law of The Hague and the Law of Geneva” and “The Law of Consensual Peace Operations.” 1278. Metzl, Jamie Frederic (1997). “Rwandan Genocide and the International Law of Radio Jamming.” American Journal of International Law, 91(4):628–651. Herein, Metzl, a Harvard trained lawyer, states, in the introduction to this piece, that Through examining the use of radio broadcasts in the 1994 genocide in Rwanda and U.S. response to it, the contexualized international law regarding radio jamming, and the contemporary framework for policy decisions on the radio jamming issue, this article argues that the traditional U.S. blanket rejection of jamming as a violation of free expression is no longer fully appropriate. It further asserts that a narrow exception to the general international standard supporting the free flow of information should be established for clear cases of incitement to genocide where the occurrence of the genocide appears imminent. Finally, it makes some preliminary suggestions for a structural context within which such exceptional activities might be carried out. (p. 630)
1279. Price, Monroe E. (2000). “Information Intervention: Bosnia, the Dayton Accords, and the Seizure of Broadcasting Transmitters.” Cornell International Law Journal, 33(1):67–112. Price, professor of Law at Benjamin N. Cardozo School of Law, addresses NATO’s media policy during the first stages of its administration of BosniaHerzegovina. More specifically, he states that In particular, I examine the implementation of the Dayton Accords for instruction on understanding approaches that the United States and the international community made concerning the relationship between broadcasting and foreign policy. Part I of this article provides a background on the rule of the media in Bosnia, from the pre-war period through NATO’s seizure of transmitters in Republika Srpska and post-seizure details. Part II explains the legal basis for information intervention. Part III covers the concept of information intervention at work in Bosnia-Herzegovina. Finally, the conclusion offers a number of questions to consider while studying media and foreign policy. (p. 69)
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1280. Robinson, Piers (1999). “The CNN Effect: Can the News Media Drive Foreign Policy?” Review of International Studies, 25(2):301–309. In his introduction, Robinson, a Ph.D. candidate in the Department of Politics at the University of Bristol, notes and then asserts that This review article assesses what is meant by the term “CNN effect” in relation to western intervention in humanitarian crises. The paper then goes on to look at another, more radical way of thinking about the relationship between news and political elites: the “manufacturing consent” school of thought which argues that the media does not create policy but rather that news media is mobilized (manipulated even) into supporting government policy. The incompatibility between the CNN effect and manufacturing consent theory is noted. A review is then conducted of recent research into media efforts on Western government responses to humanitarian crises. In my view, this research fails to clarify whether or not the news media has (or has not) triggered recent “humanitarian” interventions. On the other hand, it does offer important insights which I draw upon in order to propose a “media-policy interaction” model. It is suggested that this model can advance upon the CNN effect and manufacturing consent claims by offering an alternative two way understanding of the direction of influence between the media and government. Not only that: It facilitates a rigorous examination of what remains unsubstantiated claims regarding the power of the media to cause humanitarian intervention. (pp. 301–302)
1281. Rosenau, James N. (2000). States, Sovereignty, and Diplomacy in the Information Age (Virtual Diplomacy Series). Washington, D.C.: United States Institute of Peace. 16 pp. In this piece, Rosenau, university professor of international affairs at the Elliot School, George Washington University, provides an overview of one panel discussion (“Virtual diplomacy: A Revolution in Diplomatic Affairs—Theory and Case Studies”) held during a conference organized by the U.S. Institute of Peace on the theoretical and practical impact of the new information and communications technologies on global relations and the potential for future development of theory, research and applications. The two main issues discussed herein are: (1) the impact of the information revolution on post-cold war diplomacy; and (2) considerations of a strategy that mobilizes information tools and resources to prevent, manage, or resolve current and future international conflicts. 1282. Rupesinghe, Kumar with Sanam Naraghi Anderlini (1998). Civil Wars, Civil Peace: An Introduction to Conflict Resolution. London: Pluto Press. 179 pp. Kumar Rupesinghe, secretary of International Alert, a noted non-governmental organization working in the area of conflict resolution, presents what he states is a radical new approach to conflict prevention, resolution, and
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diplomacy. In doing so, he provides an overview of conflict in the post-cold war world, covering such key topics as: identifying and assessing early warnings of conflict, and the need to take early action; information gathering and analysis; and the need for preventive diplomacy. In particular, the role of nongovernmental organizations and other third party mediators in conflict resolution is considered. Section Three of the book deals, in part, with the issues of information gathering and analysis: “From Early Warning to Early Action” (The Continuum of Conflict; Sounding the Alarm Devising a System for Early Warning; Information Gathering; Information Analysis; Responding Appropriately; Reasons for Failure—Lessons from Early Warning Systems; Generating Early Action; Taking Action; A Range of Options; Skeptics and Critics). 1283. Steele, Robert David (1999). “Virtual Intelligence: Conflict Avoidance and Resolution Through Information Peacekeeping.” The Journal of Conflict Studies. Spring, 19(1):69–105. While Steele’s main focus/argument is the need for the United States to develop what he calls a “national information strategy” for the dual purposes of national defense and global peacekeeping, many of the ideas and innovations he raises/delineates could prove useful to those developing genocide early warning systems. The essay is divided into four distinct sections and explores the concept of virtual intelligence and information peacekeeping. Part one discusses the nature of conflict as an analysis problem. Part two reviews a number of acknowledged deficiencies regarding the classified intelligence community and identifies some problems in government mismanagement of unclassified information. Part three examines the strengths and weaknesses of information technology as currently developed and used by governments and corporations (“Why Are We Substituting Technology for Thinking But, Also, How Technology Can Help Us Think and Gain Access to External Expertise”). Part four discusses what the author terms “the information archipelago” (comprised largely of private sector communities of expertise), defines a theory of information peacekeeping, and outlines a specific strategy for creating a virtual intelligence community, which can both inform governance and conduct information peacekeeping operations. 1284. Thompson, Mark, and De Luce, Dan (2002). “Escalating to Success? The Media Intervention in Bosnia and Herzegovina,” pp 201–235. In Monroe E. Price and Mark Thompson (Eds.) Foreign Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press.
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In their introduction, the authors state and then note that “Media helped sustain the Bosnian conflict for more than three years, and continues to hinder the establishment of a stable peace. The Western governments that reluctantly intervened in the Bosnian conflict and that sponsored the 1995 peace agreement were initially slow to recognize the pivotal role of the media in undermining ethnic co-existence. . . . How the international community sought to overturn the nationalist media monopolies, and how this effort shaped Bosnia’s media landscape, is the focus of our interest (pp. 201–202). This essay is comprised of the following sections: Peacekeeping and Regime Media: Before Dayton; Errors of Omission: Dayton and After; IFOR, SFOR, and Public Information; Implementing Dayton (Acting Against Propaganda Media); A Strategy Emerges (The Independent Media Commission; Regulating HTV—Croatian State television); Towards Public Service Broadcasting; and International Aid and Its Consequences. 1285. United Nations (2000). “United Nations: Report of the Panel on United Nations Peace Operations.” International Legal Materials, November, 39:1432–1498. Available at http://www.un.org. The Executive Summary of this report reads, in part, as follows: The [U.N.] Secretary-General has asked the Panel on United Nations Peace Operations, composed of individuals experienced in various aspects of conflict prevention, peacekeeping and peace-building, to assess the shortcomings of the existing system and to make frank, specific and realistic recommendations for change. Our recommendations focus not only on politics and strategy but also and perhaps even more so on operational and organizational areas of need. . . . Each of the recommendations contained in the present report is designed to remedy a serious problem in strategic directions, decision-making, rapid deployment, operational planning and support, and the use of modern information technology. (p. 1434)
The report is comprised of six key parts: I. “The Need for Change”; II. “Doctrine, Strategy and Decision-Making for Peace Operations”; III. “United Nations Capacities to Deploy Operations Rapidly and Effectively”; IV. “Headquarters Resources and Structure for Planning and Supporting Peacekeeping Operations”; V. “Peace Operations and the Information Age”; and VI. “Challenges to Implementation.” 1286. United States Institute of Peace (2000). Managing Communications: Lessons from Interventions in Africa. April, [November 2 in Virtual Diplomacy Series]. Washington, D.C.: Author. 56 pp. This booklet and its individual articles are based on material presented at the Managing Communications conference held by the United States of
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Peace that brought together a “ broad representation of military and civilian organizations that had participated in humanitarian interventions in Somalia, Rwanda and Liberia in the 1990s in order to examine how information and communication technologies (ICTs) could be used to help overcome the problem of information ‘stovepiping’ among operations actors involved in humanitarian emergencies.” One article is entitled “Q & A on Hate Radio” by Charles Petrie. 1287. Wimhurst, David (2002). “Preparing a Plebiscite under Fire: The United Nations and Public Information in East Timor,” pp. 287–309. In Monroe E. Price and Mark Thompson (Eds.) Foreign Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In his introduction, Wimhurst, a political affairs officer with the UN Department of Peacekeeping Operations, states that “A key element of information intervention has been the preparation of a population for a plebiscite or election that is designed to help resolve conflict. The Popular Consultation of 1999 in East Timor is one of the most dramatic examples of this process. In the space of about three months, from early June to the end of August, the United Nations Mission in East Timor (UNAMET) public information team, tasked with assisting in ensuring a fair process, produced more than seven hundred thousand pieces of printed information, five hours of daily radio broadcasts and thirty minutes of daily television programming, all in four languages—English, Bahasa Indonesia, Portuguese, and Tetun (p. 287). In this piece, Wimhurst describes the focus, implementation and results of the latter process. D. “Safe Areas,” “Safe Havens,” “Safe Zones,” “Safety Zones,” “Security Zones,” “Protected Areas” 1288. Akashi, Yasushi (1995). “The Use of Force in a United Nations Peace-Keeping Operation: Lessons Learnt from the Safe Areas Mandate.” Fordham International Journal, 19(1):312–323. At the outset of this Essay, Akashi, special advisor to the United Nations Secretary-General, states that As a result of the misconceptions and sometimes deliberate misrepresentations of UNPROFOR’s peace-keeping role, heated debate has arisen about the moral responsibility of UNPROFOR to end the war in Bosnia. This debate has focused on the use of force, over and above that required for the self-defense of a peace-keeping operation. The arguments for and against the use of force, in pursuit or as a part of a mandate, were in large part fueled by the creation, and subsequent failure, of the U.N. “safe areas” concept. (p. 314)
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The author goes on to discuss, as the title suggests, lessons learned. 1289. Anglin, Douglas (2002). Confronting Rwanda Genocide: The Military Options: What Could and Should the International Community Have Done? (Paper Number 6 of the Pearson Papers). Clementsport, Nova Scotia: The Canadian Peacekeeping Press of the Pearson Peacekeeping Centre. 49 pp. This essay “explores promising courses of action that, given the necessary political will, would have been militarily feasible and morally justifiable. It assess realistically their prospects of success in checking the hemorrhage in Rwandan lives and identifies the circumstances and significance of the opportunities missed. Particular attention is paid to the time frame [of the events]” (p. 1). One section of this report examines the issues of safe havens: III. “Operationalizing Opportunities” (1. UNAMIR; 2. Dallaire Plan; 3. Safe Havens; 4. Multinational Force; 5. US Intervention Force; 6. Paracommando Strike; 7. Evacuation Forces; and 8. Rwandan Forces). 1290. Biermann, Wolfgang, and Vadset, Martin (Eds.) (1998). UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia—Peacekeepers’ Views on the Limits and Possibilities of the United Nations in Civil War-like Conflict. Aldershot [England]: Ashgate. 378 pp. This book is a record—comprised of both statistical analysis and personal accounts—of lessons learned regarding the lengthy and complex UN peacekeeping operations carried out in the former Yugoslavia during the 1990s. Chapter 16, by Jean-Philippe Lavoyer, is entitled “International Humanitarian Law, Protected Zones and the Use of Force.” 1291. Gordon, Stuart (2001). “A Recipe for Making Safe Areas Unsafe,” pp. 213–230. In D. S. Gordon and F. H. Toase (Eds.) Aspects of Peacekeeping. London: Frank Cass Publishers. In his introduction, Stuart, senior lecturer in the Department of Defence and International Affairs at the Royal Military Academy Sandhurst, writes: The collapse of the safe area of Srebrenica in 1995 represented far more than a brutal humanitarian catastrophe. It brought the credibility of both the United Nations and the North Atlantic Treaty Organization (NATO) into question and precipitated the collapse of the already failing consent-based mandate of the UN Protection Force (UNPROFOR). However, ultimately it began a process which led to a peace agreement, initialed at Dayton Ohio, which brought the Bosnian war to an end. This chapter explores the significance of the safe-areas regime to the several parties and endeavors to identity failures in the construction and implementation of the regime. (p. 213)
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Two of the many issues addressed herein are: the creation of the safe areas, and the implementation of the safe areas. 1292. Gunter, Michael M. (1994). “The Kurdish Peacekeeping Operation in Northern Iraq, 1991,” pp. 97–110. In David A. Charters (Ed.) Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. Gunter’s conclusion to his essay is informative and telling: The imperfect, but effective, UN collective security operation against Iraq following that state’s conquest of Kuwait in August 1990 eventually led to an equally flawed, but still useful, peacekeeping operation to help save the Kurds from the further depredations of Saddam Hussein after their failed uprising in March 1991. . . . The UN’s response proved to be a unique peacekeeping operation because, in effect, it was taking the side of the Iraqi Kurds . . . against Iraq. This situation patently contrasted with the criterion of impartiality previous peacekeeping operations had possessed. [F]or the first time, the UN had declared in Security Council 688 of 5 April 1991 that “the repression of the Iraqi civilian population, including most recently, Kurdish populated areas” could “threaten international peace and security.” In other words, the Council was saying that circumstances may arise in which extraordinary humanitarian needs would compel the world organization to intervene in the internal affairs of a sovereign state under the collective security provisions of UN Charter Chapter VII (italics added). If so, this was certainly a precedent-setting declaration. Previously, what a state did to its own minorities was of little or no concern to outsiders. Again, therefore, the UN peacekeeping operation in northern Iraq carried major implications for the future of international law and the organization. [A]s the Secretary General himself noted: A number of precedents were established: the decision to aid the direct return of refugees to their homelands via a system of “blue routes,” thereby avoiding the need to construct and administer refugee camps; the creation . . . of a United Nations guards contingent to protect United Nations personnel and property and to provide an element of security and stability and to serve as “moral witness” in the humanitarian sphere; and the development of a system whereby a country with sufficient resources could assume responsibility for the care of the vulnerable groups within its borders. (pp. 106–108).
The essay is comprised of the following sections: Origins, Safe Havens, The UN Begins to Move, Implementation, Finances, and Conclusions. 1293. Honig, Jan Willem, and Both, Norbert (1996).Srebrenica: Record of a War Crime. London: Penguin. 204 pp.
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The authors provide a detailed account of the genocide perpetrated by Bosnian Serbs at Srebrenica—a so-called “safe area”—in July 1995. Despite the presence of UN (Dutchbat) troops, the Serb forces deported some twenty thousand Muslim women and children, and murdered approximately seven thousand unarmed men and boys. In addition to delineating the specifics of the genocide, the authors examine the incoherent Western plans that led up to the slaughter, the failure of the “safe areas” policy, and Western intervention as a whole. The book is comprised of three parts and eight chapters: Part One: The Fall of Srebrenica, July 1995 (1. “The Attack”; 2. “The Deportation”; 3 “The Massacre”); Part Two: Srebrenica, Safe Area (4. “The First Srebrenica Crisis, March-April 1993”; 5. “’Mission Impossible’: Designing a SafeArea Policy”; 6. “’A Principled Course’: The Dutch and Srebrenica”); Part Three: Countdown to Massacre (7. “‘Breaking the Machine’: The Search for a New UNPROFOR Strategy”; 8. “’Negotiating with a Mafia Boss’: The Frasure-Milosevic Talks”); and Post Mortem. 1294. Lavoyer, Jean-Philippe (1998). “International Humanitarian Law, Protected Zones, and the Use of Force,” pp. 262–279. In Wolfgang Biermann and Martin Vadset (Eds.) UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia—Peacekeepers’ Views on the Limits and Possibilities of the United Nations in a Civil War-like Conflict. Aldershot, England: Ashgate. In his introduction, Lavoyer, a legal adviser at the International Committee of the Red Cross, writes: Appalled by the horrors of recent conflicts, the international community is wondering what can be done to curb violence and secure respect for international law. Many proposals to that effect have been made in the last few years and several practical measures have been taken. A new vocabulary has come into being as a result of attempts to safeguard civilian populations by bringing them under a special regime of special protection. Phrases such as “security zones,” “safe zones,” “safe havens,” safe areas,” “safety zones,” “neutralized zones” and “protected areas” have been coined. In this debate on an extremely complex issue it may be noted that these expressions have been used in very different ways and that the same term is sometimes used to convey very different notions. The purpose of this short study is to dissipate the present confusion, clarify the concepts involved, outline their main features and offer some pointers for the future. It will start by briefly describing the protected zones provided for in international humanitarian law in the former Yugoslavia. It will examine the protected zones established there both under humanitarian law and by the [UN] Security Council. The latter, as will be seen, followed a logic of quite a different kind. (p. 262)
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The chapter is comprised of the following sections and subsections: Protected Zones Under International Humanitarian Law (The Geneva Convention of 1949, The Additional Protocols of 1977, Protected Zones in Practice); The Conflict in the Former Yugoslavia (Protected Zones Set Up Under International Humanitarian Law); The Osijek Protected Zone (Successes and Failures); Inconsistent Decisions by the UN Security Council (An International Committee of the Red Cross Initiative); and Concluding Remarks. 1295. Lewis, Paul (1996). “A Short History of United Nations Peacekeeping,” pp. 25–41. In Barbara Benton (Ed.)Soldiers for Peace: Fifty Years of United Nations Peacekeeping. New York: Facts on File, Inc. Lewis, who served as the United Nations correspondent for the New York Times for eight years, provides a succinct but informative overview of the UN’s peacekeeping efforts during the cold war and the post-cold war periods. In his discussion, Lewis briefly discusses, among many others issues, the situations in the former Yugoslavia (early 1990s), Somalia (early 1990s), and the genocide in Rwanda (1994): In Bosnia, Somalia, and Rwanda . . . the international community . . . demanded the UN “do something” even though Security Council members were not prepared to authorize a full-scale war to stamp out these crises. The result was a series of peacekeeping operations flawed by the contradictory mandates given the peacekeepers, who, without the weapons or troop strength necessary for the job, were expected to enforce “safe areas,” “exclusion zones,” and “no-fly areas,” hunt down Somali warlords, and stop Hutus and Tutsis massacring each other—all the while trying to act impartially. A major lesson the UN drew from these setbacks as it celebrated its fiftieth birthday in 1995 is that peacekeeping is not the same as peace-enforcement. In his report to members marking that occasion, Secretary-General Boutros Boutros-Ghali emphasized that UN intervention tends to fail where it lacks the true consent of all the parties to a dispute and where the Blue Helmets lack impartiality and resort to force. That is why NATO and the U.N. went into Bosnia with all the military might necessary to enforce the Dayton accords. “Nothing is more dangerous for a peacekeeping operation than to ask it to use force when its composition, armament, logistical support, and deployment deny it the capacity to do so,” the secretary-general wrote. (p. 25)
1296. Roberts, Adam (2001). “Humanitarian Principles in International Politics in the 1990s,” pp. 23–54. In Humanitarian Studies Unit (Ed.) Reflections on Humanitarian Action: Principles, Ethics and Contradictions. Sterling, VA: Pluto Press. In this piece, Roberts, Montague Brown Professor of International Relations at the University of Oxford, discusses the changed role of International
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Humanitarian Law since 1989, explores the factors that have led to increased humanitarian intervention, and outlines six areas in which the emphasis on humanitarian issues has resulted in innovations (all involving the United Nations). The six areas he discusses are: facing the challenge of civil wars, establishing international tribunals as a response to war crimes, transformation of the refugee regime, the establishment of “safety zones,” combining peacekeeping with the protection of humanitarian action, and humanitarian intervention. 1297. Siekmann, Robert C. R. (1998). “The Fall of Srebrenica and the Attitude of Dutchbat from an International Legal Perspective,” pp. 301–312. In T. M. C. Asser Instiuut (Ed.) Yearbook of International Humanitarian Law. Volume 1, 1998. The Hague: T. M. C. Asser Press. In this piece, Siekmann, head of research of the T. M. C. Asser Institute for International Law in The Hague, notes at the outset that The question I wish to discuss here—and which seems to have been overly neglected, as if the Srebrenica tragedy took place in a legal vacuum—is how the behavior of Dutchbat may be qualified from a legal perspective. The first question concerns the relationship between the sending state, the Netherlands, and the U.N. peacekeeping force UNPROFOR, that is the responsibility of the Dutch government for the acts of Dutchbat in Srebrenica. The second question concerns whether Dutchbat acted in accordance with its mandate: Were the powers based on the mandate used or were the obligations arising from it met? In this, two phases may be distinguished: The attack on Srebrenica and the evacuation of its Muslim population. Both questions concern UN law on peacekeeping operations. The third and last question pertains to the witnessing of violations of international humanitarian law by Dutch UN soldiers during the evacuation of the Muslims: Does Dutchbat’s failure to intervene constitute a punishable act? (p. 302)
The piece is comprised of the following parts: I. Introduction; 2. UN Command and Involvement of the Netherlands; 3. Violation of the UN Mandate by Dutchbat? (3.1. The Bosnian Serb Attack on Srebrenica; 3.2. The Evacuation of the Muslims from Srebrenica); 4. Dutchbat as a Witness of War Crimes; and Conclusions. 1298. Wahlgren, Lars-Eric (1998). “Start and End of Srebrenica,” pp. 168–185. In Wolfgang Biermann and Martin Vadset (Eds.) UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia: Peacekeepers’ Views on the Limits and Possibilities of the United Nations in a Civil War-like Conflict. Aldershot, England: Ashgate. In his introduction, Wahlgren, who was force commander of UNPROFOR from February to July 1993, writes: “Much has been said and written about
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the Safe Area concept, but not so much by us who were there in the field and acted day by day when the Safe Area concept was established. . . . It is important to have simple rules of experience from the field [impartiality, separation of the fighting parties, and avoiding the deployment of UN troops with those of the parties in conflict] in mind when discussing the start and end of Srebrenecia and include them among the lessons learned from former Yugoslavia” (p. 168). The chapter is comprised of the following components: General Situation of Security Council Resolution 819; Staff Work on the Safe Area in UNPROFOR HQ Prior to Security Council Resolution 819 (SCR 819, 16 April 1993); Staff Work on the Safe Area in UNPROFOR HQ Prior to Security Council Resolution 824 (SCR 824, 6 May 1993); Staff Work on the Safe Area in UNPROFOR HQ Prior to Security Council Resolution 836 (SCR 836, 4 June 1993); The Development in the Safe Area and Security Council Resolution (SC 844); Non-Support of UN Sanctions and UN Resolutions; and Analysis of the Course of Events (Lessons Learned From Safe Areas). E. Partitions/Partitioning 1299. Byman, Daniel L. (2002). Keeping the Peace: Lasting Solutions to Ethnic Conflicts. Baltimore, MD: The Johns Hopkins University Press. 280 pp. In this book, Byman, a political scientist and RAND Corporation analyst, proposes and examines various strategies governments could use to end violent ethnic conflict over the long term. He examines the conditions under which certain strategies work best, as well as the limitations of such. In doing so, Byman identifies and describes five key strategies: coercing groups and leaders, coopting key elites, changing group identities, implementing power-sharing systems, and partitioning states. 1300. Daalder, Ivo H., and O’Hanlon, Michael E. (2000). Winning Ugly: NATO’S War to Save Kosovo. Washington, D.C.: Brookings Institution Press. 343 pp. In part, the authors make the following observations about partitioning Kosovo between Serbia and the ethnic Albanian population: Partitioning Kosovo between Serbia and the ethnic Albanian population would have run counter to the views of virtually all North Atlantic Treaty Organization (NATO) governments, which believed that partitioning within the various republics of the former Yugoslavia, such as Bosnia, was a bad idea. That is not itself sufficient reason to dismiss the idea analytically. However, while partitioning can help produce stable peace accords in civil conflicts, it
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is doubtful it would have worked in this particular instance. Ethnic Albanians, who were the overwhelming majority of Kosovars, would have insisted on, and had rights to, the majority of Kosovo’s territory. Yet that would surely have been too high a price for Milosevic, who viewed Kosovo as key not only to his own rise to power a decade before but as the territorial integrity of the Serb nation. (p. 15)
1301. Kaufmann, Chaim (2000). “Possible and Impossible Solutions to Ethnic Civil Wars,” pp. 265–304. In Michael E. Brown, Owen R. Coté Jr., Sean M. Lynn-Jones, and Steven E. Miller (Eds.) Nationalism and Ethic Conflict: An International Security Reader. Cambridge, MA: The MIT Press. In his introduction, Kaufmann, professor of international relations at Lehigh University, notes that in this chapter, he . . . offers a theory of how ethnic wars end, and proposes an intervention strategy based on it. The theory rests on two insights: First, in ethnic wars both hypernationalist mobilization rhetoric and real atrocities harden ethnic identities to the point that cross-ethnic political appeals are unlikely to be made and even less likely to be heard. Second, intermingled population settlement patterns create real security dilemmas that intensify violence, motivate ethnic “cleansing,” and prevent de-escalation unless the groups are separated. As a result, restoring civil politics in multi-ethnic states shattered by war is impossible because the war itself destroys the possibilities for ethnic cooperation. (p. 266)
He further asserts that Stable resolutions of ethnic civil wars are possible, but only when the opposing groups are demographically separated into defensible enclaves. Separation reduces both incentives and opportunity for further combat, and largely eliminates both reasons and chances for ethnic cleansing of civilians. While ethnic fighting can be stopped by other means, such as peace enforcement by international forces or by a conquering empire, such peaces last only as long as the enforcers remain. This means that to save lives threatened by genocide, the international community must abandon attempts to restore war-torn multi-ethnic states. Instead, it must facilitate and protect population movements to create true national homelands. Sovereignty is secondary: defensible ethnic enclaves reduce violence with or without independent sovereignty, while partition without separation does nothing to stop mass killing. Once massacres have taken place, ethnic cleansing will occur. The alternative is to let the interahamwe and the Chetniks “cleanse” their enemies in their own way. The reminder of this chapter has three parts. The next part develops a theory of how ethnic wars end. Then, I present a strategy for international military intervention to stop ethnic wars and dampen future violence, and rebut possible objections to this strategy. The conclusion addresses the moral and political stakes in humanitarian intervention in ethnic conflicts. (p. 266)
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The chapter is comprised of the following sections and subsections: How Ethnic Civil Wars End (The Dynamics of Ethnic War, Identity in Ethnic Wars, Identifying Loyalties, The Decisiveness of Territory, Security Dilemmas in Ethnic Wars, Demography and Security Dilemmas, War and Ethnic Unmixing, Ethnic Separation and Peace); Theories of Ethnic Peace (Alternatives to Separation, Reconstruction of Ethnic Identities, Power-Sharing, State-Building, Ethnic Separation, How Ethnic Wars Have Ended); Intervention to Resolve Ethnic Civil Wars (Designing Settlements, Intervention Strategy, Bosnia and Rwanda and Burundi); and Objections to Ethnic Separation and Partition (Partition Encourages Splintering of States, Population Transfers Cause Suffering, Rump States Will Not Be Viable, and Partition Does Not Resolve Ethnic Hatreds). 1302. Kaufmann, Chaim D. (1999). “When All Else Fails: Evaluating Population Transfers and Partition as Solutions to Ethnic Conflict,” pp. 221–260. In Barbara F. Walter and Jack Snyder (Eds.) Civil Wars, Insecurity, and Intervention. New York: Columbia University Press. In his introduction, Kaufmann observes, and then states, the following: Until recently there has been a near consensus among policy makers and scholars that the objective of ethnic conflict management should be to support and preserve integrated multiethnic societies. In the last few years, however, the idea that separating warring populations may be the best solution to many of the most intense ethnic conflicts has been gaining ground. Events in Bosnia [during the 1990s] have supported this trend, as observers note that the more the warring groups have separated the more peaceful their relations have become, while proposals to thoroughly reintegrate them command less and less support. In addition, a growing body of scholarship that focuses on the role of intergroup security dilemmas in ethnic conflicts argues that intermixed population settlement patterns can promote escalation of violence, implying that separation of warring groups may dampen conflict. Separating populations, however, remains deeply controversial. Even when carried out safely, population transfers inflict enormous suffering, including loss of homes and livelihood and disruption of social, religious, and cultural ties. Thus they can be justified only if they save the lives of people who would otherwise be killed in ethnic violence. The most important empirical evidence marshaled against demographic separation rests on the outcomes of four famous twentieth-century partitions—Ireland, India, Palestine, and Cyprus—all of which were accompanied by large-scale population transfers and by substantial violence. The question addressed in this paper is, If the logic of demographics separation is correct, why were the partitions and population transfers in these four cases so violent? To answer this question I investigate the records of these four cases and find that the critics’ claims are not justified. In all four cases, separation of
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the warring groups did reduce subsequent violence. Continuing or resurgent intergroup violence in limited regions within some of the cases has resulted not from partition or from separation, but rather from the incompleteness of separation of the hostile group in those specific areas. (pp. 221–222)
The chapter is comprised of the following sections: The State of the Debate (The Case for Separation, The Case Against Separation and Partition, Requirements for Solving the Debate); Separation and Violence; The Politics of Successor States; and Challenges for Separation and Partition. 1303. Kumar, Radha (1997). “The Troubled History of Partition.” Foreign Affairs, January/February, 76(1):22–34. Kumar, author of Divide and Fall: Bosnia and the Annals of Partition, observes that the Bosnian conflict and the 1995 Dayton peace agreement “have reignited a debate on whether partition is an effective solution to ethnic conflict” (p. 23). He goes onto to argue that partition has usually arisen not as a means of national self-determination but as a way for great powers to “divide and quit” (p. 23). He also argues that partition, while often touted as the only workable solution to ethnic feuding, has, in fact, generally generated more violence, which, in turn, required additional international intervention. Concluding his essay, he states that “So far, the West has not been able to walk away from this war, and each halfhearted intervention, however delusory, has led to more rather than less involvement. As for the realization takes hold that a Bosnia partition may mean an indefinitely prolonged commitment to a chronically volatile region, investment in reintegration may be discovered to be an easier route to withdrawal” (p. 34). 1304. Mearsheimer, John J. (2000). “The Case for Partitioning Kosovo,” pp. 133–138. In Ted Galen Carpenter (Ed.) NATO’s Empty Victory: A Postmortem on the Balkan War. Washington, D.C.: CATO Institute. In his introduction, Mearsheimer, the R. Wendell Harrison Distinguished Service Professor at the University of Chicago, comments, asks, and then asserts that NATO continues to insist on a settlement based on autonomy for the Albanian Kosovars inside Serb-dominated Yugoslavia. But that goal is not only unattainable, it is undesirable. Does anyone seriously believe that the Albanian Kosovars and the Serbs can live together again after all the bloodletting that has taken place? The interethnic violence that has already occurred in the immediate postwar period confirms how unrealistic that scenario is. Instead, NATO should pursue a settlement that partitions the province, creating an independent Albanian Kosovar state. This new state would control most of current Kosovo, while the Serbs would retain a slice of north and northwestern Kosovo. The Albanian-controlled portion could remain independent or unite with Albania if it chose. (p. 133)
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1305. Sambanis, Nicholas (2000). “Partition as a Solution to Ethnic War: An Empirical Critique of the Theoretical Literature.” World Politics: A Quarterly Journal of International Relations. July, 52(4):437–483. In his abstract, Sambanis, an economist at the World Bank and a lecturer in Political Science at Yale University, asserts that Theorists of ethnic conflict have argued that the physical separation of warring ethnic groups may be the only possible solution to civil war. They argue that without territorial partition and, if necessary, forced population movements the war cannot end and genocide is likely. Other scholars have counterargued that partition only replaces internal war with international war, that it creates undemocratic successor states, and that it generates tremendous suffering. This debate has so far been informed by very few important case studies. This article uses a new data set on civil wars to identity the main determinants of war-related partitions and estimate their impact on democratization, on the probability that war will recur, and on low-level ethnic violence. This is the first large-N quantitative analysis of this topic, testing the propositions of partition theory and weighing heavily on the side of its critics. Most assertions of partition theorists fail to pass rigorous empirical tests. (p. iii)
F. Proposals for Special UN Force(s)—Standing or Standby (Quick Reaction Force, UN Legion, UN Rapid Reaction Force, A UN Permanent Military Volunteer Force, UN Quick Reaction Force, UN Standing International Force, UN Standing Military Force, Volunteer UN Peace Force) 1306. The Aspen Institute (1997). Conflict Prevention: Strategies to Sustain Peace in the Post-Cold War World. Queenstown, MD: Author. 164 pp. Based on the proceedings of an international conference (“Conflict Prevention: Strategies to Sustain Peace in the Post Cold War World”) held in Aspen, Colorado, from July 30 through August 3, 1996, this book constitutes a report of the conference discussions and recommendations made by the participants. Among the twenty-seven experts and leaders from twenty-two countries were: Richard Goldstone (prosecutor, International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda); Morton Abramowitz (president, Carnegie Endowment for International Peace, USA); John J. Sheehan (supreme allied commander, Atlantic, and commander in Chief, U.S. Atlantic Command); George Soros (chairman, Soros Foundation/Open Society Fund); and Rodolfo Stavenhagen (professor, El Colegio de Mexico). Among one of the many “key actions” recommended was: In addition to region-specific prevention capabilities, the international community needs
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a dependable overall rapid response capability for situations careening out of control. 1307. Berdal, Mats R. (1993). “Whither UN Peacekeeping? An Analysis of the Changing Military Requirements of UN Peacekeeping with Proposals for Its Enhancement.” Adelphi Paper 381, October. London: Brassey’s Ltd. for the International Institute for Strategic Studies. 88 pp. Chapter III., “Enhancing UN Peacekeeping Operations,” of this monograph includes a section entitled: Stand-by Forces and the Pre-Stocking of Equipment (Permanent versus Stand-By Forces). 1308. Boutros-Ghali, Boutros (1995). An Agenda for Peace Supplement. New York: United Nations. 165 pp. On 3 January 1995, Secretary-General Boutros-Boutros Ghali issued a supplement to An Agenda for Peace (1992). The position paper highlights certain areas where unforeseen difficulties had arisen with regard to United Nations peace-keeping operations. The supplement reviews the lessons learned and offers guidelines for improving future operations. In part, The Supplement addresses the need for a UN rapid action force. In urging the UN to give serious thought to the idea of such a force, the Secretary-General noted that it would serve as the UN Security Council strategic reserve for emergency peace-keeping deployment. He suggested that it could possibly be comprised of battalion-sized units from a number of countries which would be trained to the same standards and use the same operating methods. 1309. Charny, Israel W. (1999). “An International Peace Army: A Proposal for the Long-Range Future,” pp. 649–653. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. Charny discusses the concept of an international Peace Army or the establishment of a standing international force for the purpose of responding to genocidal actions anywhere in the world. Charny notes that the proposal he presents “brings together concepts and proposals for military, medical and humanitarian relief, and community reorganization and the fostering of nonviolent communities in a single integrated framework” (p. 650). 1310. Charters, David A. (Ed.) (1994).Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. 220 pp. Chapter 11 in this book is “A Standing United Nations Military Force: Future Prospects.”
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1311. Dallaire, Romeo (1995). “The Rwandan Experience,” pp. 14–25. In Alex Morrison (Ed.) The New Peacekeeping Partnership. Clementspott, Nova Scotia: The Lester B. Pearson Canadian International Peacekeeping Training Centre. This is a must read for all of those interested in the issues pertaining to the prevention and intervention of genocide for the author—Major-General Dallaire, Deputy Commander of the Canadian Army and the former Commander of the UN Mission in Rwanda (UNAMIR)—knows that of which he speaks. Having witnessed first-hand both the 1994 genocide in Rwanda and the impotence of the international community in addressing the outbreak of violence, his insights are worthy of serious consideration. One section of the essay deals with the concept of UN Standby Military Forces and the equipping of such. 1312. Daniel, Donald, C.F., and Hayes, Bradd (1997). “Securing Observance of UN Mandates Through the Employment of Military Force,” pp. 105–125. In Michael Pugh (Ed.) The UN, Peace and Force. London: Frank Cass Publishers. The authors (director and assistant director, respectively, of the Strategic Research Department, Center for Naval Warfare Studies, U.S. Naval War College) discuss the complexities of post-1987 UN military operations and the conceptual confusion they resulted in; the distinctions between peacekeeping, inducement, and enforcement; and ways in which the UN has begun to address some of the many problems plaguing military operations. They conclude with a series of recommendations for additional changes and reforms, including making available well-equipped and well-trained quick-response units. 1313. Dugger, Ronnie (1996). “To Prevent or to Stop Mass Murder,” pp. 59–73. In Charles B. Strozier and Michael Flynn (Eds.) Genocide, War, and Human Survival. Lanham, MD: Rowman & Littlefield Publishers. Dugger, a journalist, argues in favor of what he deems a paradigm shift to “minimalist international values” (p. 67). More specifically, he states: We must try something that we have never tried before. I believe that the only thing new that might become large and strong enough swiftly enough to give us some surcease from the mass violence and some advance toward an ethical system of worldwide economic governance is a worldwide breakthrough to minimalist international values. . . . For example, it is the received doctrine that U.S. (or any other state’s) “foreign policy” abroad should be guided by “the national interest,” but in minimalist humanist ethics it should also be guided by the interest and well being of people abroad. (p. 67)
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Based on such a notion, Dugger goes on to discuss changes the United Nations could make (“a UN military force that could engage, not only in peacekeeping, but also in active military intervention to stop genocides and mass murder while they are happening,” p. 67). He argues that “The United Nations should announce that it will accept individual volunteers from any nation and train and equip them for service in a UN military force” (p. 68) for such purposes. Dugger goes on to note that In September 1994 at the UN, Hans van Mierlo, the Netherlands Minister for Foreign Affairs, re-launched the idea of a volunteer UN Rapid Deployment brigade, on which the Netherlands’ government has been working with Canadian officials. Van Mierlo, discussing an informed view that the rapid deployment of a brigade [in 1994] in Kigali could have prevented the slaughter of hundreds of thousands of people in Rwanda, declines to blame anyone or the fact “that under the circumstances no government was prepared to risk the lives of its citizens,” but cites the situation as compelling proof of the need for an international volunteer brigade. An associated Netherlands study hypothesizes that the brigade will be full-time, professional, available at all times, and deployable in fourteen days or more quickly for three months at most, then to be superceded by multinational UN forces; estimates the annual cost of a 5,000-man brigade with armored vehicles at $300 million; and specifically contemplates the brigade’s deployment by the [UN] Security Council “to prevent or stop crimes against humanity, mass murders, and genocide.” (p. 68)
1314. Dziedzic, Michael J. (1998). “Policing the New World Disorder: Addressing Gaps in Public Security During Peace Operations,” pp. 132–149. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers. Dziedzic, a senior military fellow at the U.S. Institute for National Strategic Studies, argues that there are three major gaps that generally exist during peace operations: a deployment gap, an enforcement gap, and an institutional gap. In addition to discussing each gap, he offers a set of recommendations for addressing them. Among his recommendations in regard to addressing the deployment gap are: (1) developing a standby force of trained International Civilian Police (CIVPOL) personnel; (2) including CIVPOL in UN Assessment Teams and the Deployable Headquarters; (3) requiring a full spectrum of skills for the CIVPOL contingent; (4) developing a generic public security force, including constabulary forces and civil affairs police specialists in initial military contingents; and (5) increasing constabulary capabilities.
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Among his recommendations vis-à-vis the enforcement gap are: (1) creating an interim police force from vetted local personnel; (2) resolving the demobilization dilemma; (3) establishing unity and continuity of efforts between CIVPOL and military contingents; and (4) developing a coordinated package of international sanctions and inducements. 1315. Fein, Helen (1999). “Patrons, Prevention and Punishment of Genocide: Observations on Bosnia and Rwanda,” pp. 5–13. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. This short piece by Fein, a noted genocide scholar and director of the Institute for the Study of Genocide, is packed with key observations and recommendations vis-à-vis the issue of the prevention of genocide. At the outset Fein states that “My thesis is that genocide is preventable (as are political mass murders) because it is usually a rational act. That is, the perpetrators calculate the likelihood of success, given their values and objectives. One of the reasons it is likely to succeed is that it is not deterred by other countries—indeed, the patrons of the perpetrators who often aid them” (p. 5). In part, Fein addresses the need to create a UN rapid response force (i.e., a force based on professional volunteers that is answerable to the Security Council and can act immediately to halt or cordon off the perpetrators of genocide) (p. 10). 1316. The Independent Working Group on the Future of the United Nations (1995). The United Nations in Its Second Half Century. New York: Ford Foundation. 53 pp. In this report, the Independent Working Group (comprised of such distinguished figures as Richard von Weizsäcker, former president of the Federal Republic of Germany; Koji Kakizawa, former foreign minister of Japan; Xue Mouhong, former ambassador of China; Anthony Parsons, former permanent representative to the United Nations, United Kingdom; and Paul Kennedy, Yale University) discusses a host of issues germane to the UN role’s in regard to the prevention and intervention of genocide, including the need for the development of a UN rapid response capability. In regard to the need to establish a UN Rapid Reaction Force, the authors argue, in part, as follows: The United Nations needs the capability to respond quickly in situations of conflict, including those where civil authority collapses and violence breaks out threatening a massive loss of life and an interruption of humanitarian assistance. Slowness to act may lead to enormous cost and casualties, as was the
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case in Rwanda [during the 1994 genocide]. The United Nations needs to have a reliable and immediately available, well trained and adequately equipped rapid response force to deploy quickly in such circumstances. We accordingly recommend that a UN Rapid Reaction Force be established for urgent deployment on the decision of the Security Council. (n.p.)
Among the many issues the authors go on to discuss are the ideal size of such a force, the make-up of such a force, operation procedures, and the requirements for quick availability. 1317. Kaysen, Carl, and Rathjens, George (1996). Peace Operations by the United Nations: The Case for a Volunteer UN Military Force. Cambridge, MA: Committee on International Security Studies, American Academy of Arts and Sciences. 64 pp. Early on in this work, Kaysen and Rathjens note that [R]ecent problems of intervention have, in a number of instances, been quite different than what was envisaged when the UN was organized and when the major concern was interstate conflict that might result from clearly identifiable aggression. While there have been wars since 1945 that fit this pattern, there have been more—e.g., Yugoslavia and Rwanda—where the issue is really one of civil war, often reflecting ethnic conflict. . . . These instances of conflict raise the issue not resolved in the writing of the UN Charter of the trade-off between, on the one hand, the respect for, and defense of, national sovereignty by the international community and, on the other, its collective responsibility for the well-being of people everywhere. (p. 9)
The contents of this booklet are comprised of the following: “Peace Operations During the Cold War”; “The Changed Post-Cold War Environment for Peace Operations”; “The Challenges for the Future”; “The Question of a UN Military Force”; “Arguments for a Volunteer UN Force—Six Case Studies: The Congo, Yugoslavia, Somalia, Cambodia, Rwanda, Haiti”; “What Are the Lessons?”; “What Kind of UN Standing Force?”; “The Wider Context”; “Appendix: Design for a Streamlined UN Legion.” 1318. Kinlock, Stephen P. (1997). “Utopian or Pragmatic? A UN Permanent Military Volunteer Force,” pp. 166–190. In Michael Pugh (Ed.) The UN, Peace and Force. London. Frank Cass and Company. In his conclusion, Kinlock, a Ph.D. candidate at the Graduate Institute of International Studies of Geneva, Switzerland, makes the following argument: Because the idea of a UN PMUF depends on the advent of a favorable context for its attainment, it has grown historically, re-emerged and evolved . . . , in direct connection with the development of international military force experiments. The revival of the PMUF concept after Rwanda [the 1994 Rwandan genocide] is inherently controversial, for it is both utopian and pragmatic. If implemented,
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it could provide the UN not only with a real rapid reaction military force, but also with an adequate instrument to carry out humanitarian interventions. Yet it is also essentially utopian in that it reflects the character of the project on which it is to be built, the UN as a universal system for maintaining peace and its most recent avatar, the humanitarian utopia. Assuming [the PMUF] ever materializes within the binding limits of reality, the ideas as presented today will not completely solve the fundamental contradictions of the UN and humanitarian intervention but rather will reproduce these contradictions and make them even more conspicuous, calling, in turn, for new solutions. . . . [S]uch a call for the immediate implementation of the idea risks . . . underestimating the constraints under which the UN has to operate . . . [R]ejecting the idea as utopian, while pointing out the limits of the concept, doesn’t solve the problem it tries to tackle—that is, the paradox of an organization reduced to beg its support from states on a case by case basis to carry out urgent missions. (pp. 184–185)
The sections of the essay are entitled as follows: A UN Permanent Military Force: A Pragmatic Solution? (Challenges and Objectives, Availability and Rapid Deployment of Means, Requirements for Intervention, The Dilemmas, Advantages and Consequences of a UN Permanent Military Volunteer Force); A Permanent Volunteer Force: A Utopian Proposal? (As a Military Force, As a Permanent Force, As a Volunteer Force, As a Humanitarian Force, As a United Nations Force, Circumstantial Obstacles and Fundamental Contradictions). 1319. Langille, H. Peter (2000). “Conflict Prevention: Options for Rapid Deployment and UN Standing Forces,” 219–253. In Tom Woodhouse and Oliver Ramsbotham (Eds.) Peacekeeping and Conflict Resolution. London and Portland, OR: Frank Cass Publishers. In this essay, Langille, professor of foreign policy and international conflict prevention and management at the University of Western Ontario, addresses the following issues: the background regarding the establishment of a UN rapid reaction force; various national studies vis-à-vis the possibility of creating a rapid reaction force (e.g., from the Netherlands, Canada, Denmark); corresponding developments in the field; the UN Department for PeaceKeeping Operations and the UN Secretariat; the United Nations Standby Arrangement System (UNSAS); the United Nations Rapidly Deployable Mission Headquarters (RDMHQ); and the Multinational Standby Forces High Readiness Brigade (SHIRBRIG). 1320. Lee, John M.; von Pagenhardt, Robert; and Stanley, Timothy W. (1992). “Military Forces for UN Operations (Quick Reaction Forces),” pp. 50–51. In John M. Lee, Robert von Pagenhardt, and Timothy W. Stanley’s To Unite Our Strength: Enhancing the United Nations Peace and Security System. Lanham, MD: University Press of America.
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A major recommendation by the authors is the establishment of a “Quick Reaction Force” (QRF). Arguing for such a force, they say that In a crisis, the major military powers represented on the Security Council at that time must be prepared to act decisively, on the basis of a prearranged system of “alerts” and extensive contingency planning conducted by the UN and national military staffs. Of the total national forces that countries are willing to “earmark” for possible UN service under Article 43 of the Charter, certain elements should be designated as “Quick Reaction Forces.” Something analogous to a QRF is foreseen in Article 45. Each permanent Security Council member would be asked to assign a combat division (or the naval or air equivalent) and any country designated an alternating member or invited to join the Peace Management Committee would be asked to provide a ready combat brigade or the equivalent. Assigned units in QRF status could be rotated into and out of the assignment. For example, the U.S. might rotate an Airborne Division, a Marine Division, a naval carrier or amphibious task force, or an air wing to meet its QRF obligations. Taken together, several such divisions and brigades from a dozen or more countries could constitute an air mobile corps, with ample air and naval support, available on 48–72 hours notice, and the remaining divisions and brigades could provide a second, heavier, sea-transportable corps. These forces would, of course, be national in character, but when passed to the UN for a mission they would be under UN operational control and would respond to the UN chain of command. They would fly the UN flag as well as keep their own. (pp. 50–51)
1321. Lee, John M.; von Pagenhardt, Robert; and Stanley, Timothy W. (1992). “Military Forces for UN Operations (The UN Legion),” pp. 44–48. In John M. Lee, Robert von Pagenhardt, and Timothy W. Stanley (Eds.)To Unite Our Strength: Enhancing the United Nations Peace and Security System. Lanham, MD: University Press of America. The authors (all former military personnel with varied experience in NATO, the UN, and posts within the U.S. government) recommend the establishment of “an international standing UN Legion, under the Secretary-General and immediately available to the Security Council without requiring national concurrence for its deployment (assuming no veto is exercised in the Council). It could be dispatched rapidly, whenever needed, even as a deterrent in anticipation of trouble. . . . It could be seen as a symbolic UN presence, a common UN Force, so integrated internationally that the national origins of the participants would be irrelevant” (p. 45). 1322. Lee, John M.; von Pagenhardt, Robert; and Stanley, Timothy W. (1992). To Unite Our Strength: Enhancing the United Nations Peace and Security System. Lanham, MD: University Press of America. 166 pp. Lee (a retired vice admiral from the U.S. Navy, former vice director of the international military staff at NATO, and a member of the Military Staff
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Committee at the UN), von Pagenhardt (a former foreign service officer and currently a professor at the Naval Postgraduate School in Monterey, California), and Stanley (a former White House staff member, former defense advisor and minister at the U.S. Mission to NATO, and currently vice president of the United Nations Association in Washington, D.C.) examine what can and, according to them, should be done to create a more effective UN system for peacekeeping, peacemaking, and peace enforcement. In light of the authors’ experiences in the military, NATO, the UN, and various national posts within the U.S. government, this is a must read for theorists and practitioners interested in the prevention and intervention of genocide. The titles of the seven chapters (and a select list of topics under certain chapters) are: I. “The United Nations in a New Era” (Is the UN Willing to Change? and Will Countries Adapt?); II. “Military Forces for UN Operations” (Requirements for Force, The UN Legion, National Forces for United Nations Duty—including Quick Reaction Forces); III. “Reforming United Nations Machinery”; IV. “Lessons from the Past “ (Starting up the UN Legion); V. “The System at Work” (Applying the Proposed Model: Yugoslavia); VI. “Financing UN Forces” (The UN’s Financial Crisis, Cost of the Peace and Security Systems, and What Is to Be Done?); and VII. “Summary of Recommendations.” 1323. Lewis, Paul (1996). “A Short History of United Nations Peacekeeping,” pp. 25–41. In Barbara Benton (Ed.) Soldiers for Peace: Fifty Years of United Nations Peacekeeping. New York: Facts on File, Inc. Lewis, who served as the United Nations correspondent for the New York Times for eight years, provides a succinct but informative overview of the UN’s peacekeeping efforts during the cold war and the post-cold war periods. In his discussion, Lewis briefly discusses, among other issues, the situations in the former Yugoslavia (early 1990s), Somalia (early 1990s), and the genocide in Rwanda (1994): In Bosnia . . . and . . . Rwanda . . . the international community . . . demanded the U.N. “do something” even though Security Council members were not prepared to authorize a full-scale war to [end] these crises. The result was a series of peacekeeping operations flawed by the contradictory mandates given the peacekeepers, who, without the weapons or troop strength necessary for the job, were expected to enforce “safe areas,” “exclusion zones,” and “no-fly areas,” . . . and stop Hutus and Tutsis massacring each other—all the while trying to act impartially . . . A major lesson the U.N. drew from these setbacks . . . is that peacekeeping is not the same as peace-enforcement. . . . Secretary-General Boutros BoutrosGhali [has] emphasized that U.N. intervention tends to fail where it lacks the
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true consent of all the parties to a dispute and where the Blue Helmets lack impartiality and resort to force. . . . “Nothing is more dangerous for a peacekeeping operation than to ask it to use force when its composition, armament, logistical support, and deployment deny it the capacity to do so.” Another lesson has been the difficulty of securing peacekeeping troops and equipment quickly enough. Although the U.N. now has a significant number of experienced officers as well as a “situation room” manned round the clock in New York, wired to its operations all over the world, the secretary-general [recalls] how not one of the nineteen countries, which at that time had pledged 31,000 troops for future U.N. peacekeeping operations, was prepared to send a single soldier to Rwanda. And the handful of African countries that finally offered troops had to hire American armored cars because they had nothing suitable themselves. In an attempt to draw a lesson from the Rwanda fiasco, Boutros-Ghali stepped up his campaign for some kind of a U.N. “rapid reaction force” that could be rushed into a crisis area at short notice. But the great powers turned a deaf ear to his plans, showing themselves determined to maintain control over what the U.N. does and does not do (italics added). (pp. 39–40)
1324. Mays, Terry M. (2002). The 1999 United Nations and 2000 Organization of African Unity Formal Inquiries: A Retrospective Examination of Peacekeeping and the Rwandan Crisis of 1994 (Paper Number 7 of the Pearson Papers). Clementsport, Nova Scotia: The Canadian Peacekeeping Press of the Pearson Peacekeeping Centre. 37 pp. Several factors for failure of the peacekeeping operation to prevent the 1994 genocide in Rwanda are highlighted within the UN and OAU investigations, and each is explored in this study. Also discussed is whether the two thousand member UN-peacekeeping operation in Rwanda could have halted the genocide had the political will existed to accomplish the task. One section of this booklet deals with the concept of a “rapid action force.” It is discussed under Part V. “Options for the Future” (A. Standing Military Force; B. Standby Arrangements; C. Western Training for Regional Contingents; D. Sub-regionally Mandated Operations; E. Third Party Coalitions). 1325. Mendlovitz, Saul, and Fousek, John (1996). “The Prevention and Punishment of the Crime of Genocide,” pp. 137–151. In Charles B. Strozier and Michael Flynn (Eds.) Genocide, War, and Human Survival. Lanham, MD: Rowman & Littlefield Publishers, Inc. Mendlovitz, Dag Hammarskjold Professor of Peace and World Order Studies at Rutgers University, and Fousek, senior program associate of the World Orders Model Project, argue in favor of “the creation of a standing police force to deal exclusively with the crime of genocide” (p. 137). Calling for the establishment of a UN Genocide Police Force, they discuss the following
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concerns: issues of jurisdiction; making the decision to intervene; functions of the genocide police force (1. “stop the genocidal behavior”; 2. “implement assertive safe havens”; 3. “arrange for the presence of humanitarian relief agencies”; 4. “initiate processes of humane governance”; and 5. “apprehend alleged criminals, complying with appropriate legal procedure and assist in gathering evidence for prosecution”); the structure of the genocide police force (including, size, location, decision-making control, and financing); and political obstacles. In their conclusion, the authors make the following observations: With the tragic events of recent years in Somalia, the former Yugoslavia, and most recently, Rwanda and Burundi, the world today is forced to confront its failure to prevent genocidal episodes all too reminiscent of Nazi horrors. For a host of reasons, intervention by individual powers or by ad hoc coalitions of nation-states, whether formed regionally or under U.N. auspices, has not provided a workable solution. Diplomacy and sanctions, of course, must always be employed fully before force is deployed. But in too many instances since 1948, they too have failed to provide effective enforcement for the Genocide Convention adopted that year. In the case of genocide, as in heinous crimes committed within nation-states, effective law enforcement requires effective police operations. We believe the time has come for the world community to confront this fact, and deal with the crime of genocide by establishing a special transnational police force, under the United Nations, dedicated to preventing, halting and punishing this singularly grave and egregious offense. (p. 148)
1326. Morrison, Alex (1994). “A Standing United Nations Military Force: Future Prospects,” pp. 185–204. In David A Charters (Ed.) Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. In his introduction, Morrison, executive director of the Canadian Institute of Strategic Studies in Toronto, notes the following: Chapter VII of the United Nations Charter deals with the subject of the permanent assigning of forces by member states to the United Nations, and with the Military Staff Committee. The easing of cold war tension between east and west, and the willingness of the successor states to the USSR to be more cooperative within the United Nations system, especially in the Security Council, have given rise to a more serious consideration of all aspects of the matter of a standing army. Recently, proposals that the United Nations ought to establish a permanent armed force to be used on the decision of the Security Council have resurfaced. The discussions have revealed a lack of understanding of all of the factors involved in such a course of action, including those of command and control, finance, training, and freedom of use and movement. In fact, actions already
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taken by individual states in designating forces for use with the United Nations have, in effect, created a standing military force. This essay will examine the reasons behind the inclusion of the standing military force concept in the UN Charter, outline the purposes for which it was intended, raise and discuss the factors that must be taken into consideration prior to implementation, and suggest alternative methods of achieving the same end. (p. 185)
1327. Morrison, Alex (1995). “The Theoretical and Practical Feasibility of a United Nations Force.”Cornell International Law Journal, 28(3):661–672. Morrison, president of the Lester B. Pearson Canadian International Peacekeeping Training Centre in Nova Scotia, examines the roots of the concept of a global force, and then traces the evolution of various force models. In doing so, Morrison discusses the distinctions between standing forces (forces that are trained, paid, and commanded by the UN) and standby forces (donated material and volunteer troops earmarked for UN duty but supported, trained, and commanded by their respective national authorities). 1328. Morrow, Lance (1996). “An Interview: The Man in the Middle,” pp. 43–49. In Barbara Benton (Ed.) Soldiers for Peace: Fifty Years of United Nation Peacekeeping. New York: Facts on File. This is a very short but interesting interview with Brian Urquhart, the former under-secretary general of the United Nations for Special Political Affairs. Particularly interesting are his comments regarding the development of the following: a small, highly trained UN volunteer military force, a UN rapiddeployment force, [and] a UN staff college “which would train people in the kinds of things that UN people are now asked to do, everything from humanitarian relief to supervising elections, peacekeeping, and maybe conducting police actions” (p. 49). 1329. Pugh, Michael (Ed.) (1997). The UN, Peace, and Force. London: Frank Cass and Company. 209 pp. This volume, edited by a senior lecturer in international relations at the University of Plymouth in the UK and the editor of International Peacekeeping, is comprised of a valuable collection of essays on a wide range of cutting-edge topics that face the peacekeeping community at the beginning of the twenty-first century. One essay is entitled: “Utopian or Pragmatic? A UN Permanent Military Volunteer Force.” 1330. Rikhye, Indar Jit (1992). Strengthening UN Peacekeeping: New Challenges and Proposals. Washington, D.C.: United States Institute of Peace. 48 pp. This report was written by a retired major general in the Indian Army who is also the former president of the International Peace Academy, which he founded in 1969. From the late 1950s through the early 1990s he worked in
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multilateral peacekeeping operations as a diplomat, soldier, and educator. He also served as a military adviser to UN Secretary-Generals Dag Hammarskjöld and U Thant, and in the early 1990s conducted special missions for the UN Secretary General in Rwanda and Burundi. One of the author’s major recommendations is that “the creation of a special stand-by force, available to the Security Council and the Secretary-General for rapid deployment, should be seriously considered.” 1331. Rosenblatt, Lionel, and Thompson, Larry (1998). “The Door of Opportunity: Creating a Permanent Peacekeeping Force.” World Policy Journal, Spring, 15(1):36–42. In arguing for the establishment of a permanent peacekeeping force, the authors, both with the Washington, D.C.-based advocacy organization Refugees International, argue that “the present system of international peacekeeping is too slow, too cumbersome, too inefficient, too prone to failure, too ad hoc to meet the necessities” of the world in the wake of the Cold War (p. 39). Using the 1994 Rwanda genocide as a case study, the authors argue that international peacekeeping failed there, as it has in other areas, for three main reasons: “(1) [T]he UN peacekeeping force at the outbreak of the genocide was a mixed bag of soldiers from several countries, indifferently equipped and trained, inadequately financed, and barely coordinated because each national military unit looked to its own chain of command for orders rather than to the nominal commander, General Dallaire; (2) [The] terms of reference for the peacekeeping force were all wrong. It was, to quote the Joint Evaluation, ‘a classic, minimalist peacekeeping operation,’ with no authority to protect lives if the uneasy peace between Tutsi and Hutu it was supervising broke down; and (3) [N]ational considerations took precedence over the needs of the UN peacekeeping mission and the people of Rwanda” (p. 38). 1332. Scheffer, David J. (1995). “United Nations Peace Operations and Prospects for a Standby Force.” Cornell International Law Journal, 28(3):649–660. Written when he was senior adviser and counsel to the U.S. permanent representative to the United Nations, Scheffer addressees the following issues: (1) the original intention behind Article 43 of the U.N. Charter and its fate directly after World War II; (2) efforts in the 1990s to improve stand-by or rapid reaction capabilities; (3) UN Secretary General Boutros Boutros-Ghalis’ 1995 proposal (“Supplement to the Agenda for Peace”) for a rapid reaction force; (4) various government proposals for a rapid reaction force; and (5) pragmatic next steps. 1333. Sohn, Louis B. (1958). “Authority of the United Nations to Establish and Maintain a Permanent United Nations Force.” American Journal of International Law, 52:229–240.
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Sohn, professor of Law at Harvard University School of Law, examines the legal problems involved in the establishment of a permanent U.N. force—either on a full-time or stand-by basis—composed either of national contingents or volunteers. The article is comprised of the following parts and sections: I. Power of the United Nations to Establish A U.N. Force (a. The Power of the Security Council; B. The Power of the General Assembly); II. Power of the United Nations to Control a Force; III. Relations Between the U.N. Force and the Contributing States; and IV. The Relation Between the U.N. Force and the “Host” State. 1334. Telhami, Shibley (1995). “Is a Standing United Nations Army Possible? Or Desirable?” Cornell International Law Journal, 28(3):673–683. Telhami, professor of Government and director of the Near Eastern studies program at Cornell University, argues that “the formation of an effective standing U.S. army is neither possible nor desirable in the foreseeable future. Instead, it is both preferable and possible to seek incremental steps that could narrow the gap between expectations and capabilities and ultimately enhance the power of the United Nations” (p. 673). In his argument, Telhami addresses the following: structural barriers to a standing UN Army, barriers to UN military interventions, and changing means and venues for international intervention. 1335. United Nations (2000). “United Nations: Report of the Panel on United Nations Peace Operations.” International Legal Materials, November, 39:1432–1498. Available at http://www.un.org. The Executive Summary of this report reads, in part, as follows: The [U.N.] Secretary-General has asked the Panel on United Nations Peace Operations, composed of individuals experienced in various aspects of conflict prevention, peacekeeping and peace-building, to assess the shortcomings of the existing system and to make frank, specific and realistic recommendations for change. Our recommendations focus not only on politics and strategy but also and perhaps even more so on operational and organizational areas of need. . . . Each of the recommendations contained in the present report is designed to remedy a serious problem in strategic directions, decision-making, rapid deployment, operational planning and support, and the use of modern information technology. (p. 1434)
The report is comprised of six key parts: I. “The Need for Change”; II. “Doctrine, Strategy and Decision-Making for Peace Operations”; III. “United Nations Capacities to Deploy Operations Rapidly and Effectively”; IV. “Headquarters Resources and Structure for Planning and Supporting Peacekeeping Operations”; V. “Peace Operations and the Information Age”; and VI. “Challenges to Implementation.”
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1336. Abiew, Francis Kofi (1999). The Evolution of the Doctrine and Practice of Humanitarian Intervention. The Hague: Kluwer Law International. 325 pp. Abiew, a lecturer in the Department of Political Science at the University of Alberta in Edmonton, Canada, defends the emergence of the right of humanitarian intervention, and argues that state sovereignty is not incompatible with the latter. Following a review of historical precedents, Abiew concludes by assessing contemporary developments in terms of sources and support for intervention on humanitarian grounds. This book is comprised of the following: I. “The Traditional Doctrine and Practice of Humanitarian Intervention” (e.g., Historical Evolution of State Sovereignty and the Doctrine and Practice of Humanitarian Intervention: a. State Sovereignty, b. Humanitarian Intervention, and c. State Practice in the Nineteenth and Early Twentieth Century); 2. “The Right of Humanitarian Intervention in the Post-Charter Era (1945–1989)” (e.g., Evolving Norms: a. Principles of State Sovereignty and Non-Intervention; b. The Internationalization of Human Rights; c. The UN Charter’s Effect on Humanitarian Intervention; d. Case Studies of State Practice from 1945–1989—The East Pakistan (Bangladesh) Intervention of 1971; The Tanzanian Intervention in Uganda of 1979, and Vietnam’s Intervention in Cambodia (Kampuchea, 1978)); 3. “The Practice of Humanitarian Intervention in the Post Cold War Era” (Northern Iraq, Somalia, The Former Yugoslavia, Rwanda); and 4. “Assessing Humanitarianism in the Post Cold War Period: Sources of Consensus.” 671
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1337. Abrams, Elliot (2000). “To Fight the Good Fight.” The National Interest. Spring, 59:70–77. Abrams, who served as U.S. assistant secretary of state for international organization affairs, human rights and humanitarian affairs, and interAmerican affairs, raises a host of issues vis-à-vis the use of humanitarian intervention. Among the “practical problems” he raises are: “How hard do you fight, how much do you risk, how many do you kill when direct national interests are quite limited?” (p. 72). Continuing his argument, Abrams asserts that humanitarian intervention “is a practice in search of a theory” (p. 73). He goes on to argue that One can imagine broader and broader categories of human rights violations being brought under international oversight, providing justifications not only for court actions against individual abusers, but for some forms of intervention as well. Why only genocide? Why large-scale atrocities and not smaller scale ones? Why not mass murder, political murder, or violent repression? Who has the right to decide that a human rights crime is being committed, or that it rises to the level of offense covered in some treaty or convention? Who has the right to organize an intervention force? (p. 73)
Towards the end of the essay, Abrams argues that “even the efforts to establish rules and limits for intervention will erode traditional views of sovereignty” (p. 75). He concludes that the debate over humanitarian intervention will continue, but that it is a needed debate as the world continues to move into the twenty-first century. 1338. Adelman, Howard (1999). “Early Warning and Prevention: The United Nations and Rwanda,” pp. 289–309. In Frances Nicholson and Patrick Twomey (Eds.) Refugee Rights and Realities: Evolving International Concepts and Regimes. New York: Cambridge University Press. Herein, Adelman, professor of Philosophy at York University in Toronto and the founder and former director of the Centre for Refugee Studies, notes in his introduction that This chapter begins with a puzzle. Presumably, the United Nations and all our multi-lateral institutions were created, at least in part, to prevent another Holocaust. Yet an extremely large well-publicized genocide was carried out in 1994 in an economically poor and militarily weak Third World country, Rwanda, while UN troops were present. Further, the legal government and the rebel army in the Arusha Accords had jointly given the UN responsibility for protecting civilians and disarming non-military personnel who were largely responsible for actually carrying out the mass murders. This chapter outlines the information, communication, structural and other factors that undercut the UN’s ability to intervene in and stop the genocide in Rwanda. (pp. 289–290)
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The chapter is comprised of the following sections: Introduction; UN Peacekeeping in Rwanda; Early Warning; The Information Available; Direct Observations; Communications; Structural Problems; Shadows; Coincidence; Timeliness; Toward a Comprehensive Explanation for Failure; Normative Factors; and Conclusion. 1339. Adelman, Howard (1999). “Preventing Genocide: The Case of Rwanda,” pp. 161–182. In Roger W. Smith (Ed.) Genocide: Essays Toward Understanding, Early Warning, and Prevention. Williamsburg, VA: Association of Genocide Scholars, and Department of Government, College of William and Mary. Adelman, a professor of Philosophy at York University and co-author of Early Warning and Conflict Management: The Genocide in Rwanda (1996), discusses why the United Nations failed to intervene and prevent the 1994 Rwandan genocide from being perpetrated. In doing so, he argues that the prevention of genocide could have been a “relatively simple operation” (p. 162) had the international community acted early on by “nipping the [incipient] massacres in the bud” (p. 162). In addressing such concerns, Adelman provides a succinct overview of the events leading up to the genocide, the fact that information about the explosive and potentially genocidal situation was available to the UN and individual nations in 1993 (before the actual genocide was perpetrated), the structural problems between the UN Secretariat and the UN Security Council that mitigate against effective action to intervene and prevent the perpetration of genocide, among other issues. 1340. Advisory Council on International Affairs and Advisory Committee on Issues of Public International Law (2000). Humanitarian Intervention. The Hague: Author. This report basically constitutes a reassessment of the concept of humanitarian intervention and an exploration of the varied issues raised by the various interventions conducted throughout the 1990s. 1341. African Rights (1995). Facing Genocide: The Nuba of Sudan. London: Author. 344 pp. This is a major report on the plight of the Nuba who were/are threatened with cultural extinction. The authors discuss the fact that while the very existence of the Nuba is being threatened by Khartoum, the international community is purposely avoiding acknowledgment that genocide is taking place—thus avoiding the need to intervene. 1342. Akhavan, Payam (1995). “Enforcement of the Genocide Convention: A Challenge to Civilization.”Harvard Human Rights Journal, 8:229–258.
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Written by a legal adviser in the office of the prosecutor for the International Criminal Tribunal for the Former Yugoslavia, this essay includes a section entitled “Security Council Action Under Chapter VII of the Charter.” 1343. Alger, Chadwick F. (Ed.) (1998). The Future of the United Nations System: Potential for the Twenty-First Century. Tokyo: United Nations University Press. 450 pp. Twenty-two scholars from across the globe contribute twelve chapters that address such issues as prevention and intervention of violence. Included in the text are sixty-six recommendations for new institutions and programs in relation to such issues as humanitarian intervention, and collaboration between UN peacekeepers and NGOs, and human rights. The recommendations are brought together in a concluding chapter and summarized in an appendix. Among the recommendations suggested are: the development of new institutions, including: NGO Rapid Response Teams, enhancement of UN capacity for institutional memory, continuing education for UN staff, and wider participation of local governments and organizations. Significantly, most of the recommendations do not require amendments to the UN Charter or to the treaties establishing the UN Specialized Agencies. Among some of the many notable contributors to this volume are: Chadwick F. Alger, Raimo Väyrynen, Robert C. Johansen, Elise Boulding, Jan Oberg, and Kumar Rupesinghe. 1344. Ammon, Royce J. (2001). Global Television and the Shaping of World Politics: CNN, Telediplomacy, and Foreign Policy. Jefferson, NC: McFarland & Company, Inc. Publishers. 197 pp. Ammon, a professor of political science at the University of St. Thomas in St. Paul, Minnesota, discusses the impact mass communication can have, especially with the advent of global television (and the “real time” presentation of events), on a nation’s foreign policy, political decision making, and political processes—including whether to intervene or not in a potential case of genocide. Among the cases he discusses are two situations in Iraq (e.g., the plight of the Kurds in northern Iraq in 1991 and the plight of the “Marsh Arabs” in the early 1990s), and the 1994 Rwandan genocide. Unfortunately, the author’s convoluted style (e.g., maddening redundancy) interferes with his arguments. On a different note, some of the author’s conclusions (especially in regard to the lack of action by the international community vis-à-vis the 1994 Rwandan genocide) are unconvincing and unsubstantiated.
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1345. The American Society of International Law (1999). “Editorial Comments: NATO’s Kosovo Intervention.” American Journal of International Law, 93(4). This section of this issue contains the following short pieces of commentary: “Kosovo and the Law of ‘Humanitarian Intervention’” by Louis Henkin; “NATO’s Campaign in Yugoslavia” by Ruth Wedgwood; “Anticipatory Humanitarian Intervention in Kosovo” by Jonathan I. Charney; “Kosovo: A ‘Good’ or ‘Bad’ War?” by Christine M. Chinkin; “Kosovo, World Order, and the Future of International Law” by Richard Falk; “Lessons of Kosovo” by Thomas M. Franck; and “Kosovo’s Antinomies” by W. Michael Reisman. Each of the short pieces is extremely thought-provoking. Among some of the many critical issues they, collectively, address are: • the possible “emergence of a limited and conditional right of humanitarian intervention, permitting the use of force to protect the lives of a threatened population when the decision is taken by what most of the world would recognize as a responsible multilateral organization and the [U.N.] Security Council does not oppose the action” (Wedgwood, p. 828); • the possible “development of a new rule of law that permits intervention by regional organizations to stop these crimes [crimes against humanity and possible genocide] without the [U.N.] Security Council’s authorization” (Charney, p. 841); • “the continuing chasm between reality and human rights rhetoric” (Chinkin, p. 847); • “the NATO initiative on behalf of Kosovo offers us a badly flawed precedent for evaluating future claims to undertake humanitarian intervention without proper U.N. authorization” (Falk, p. 856); • “ . . . in the end, the United Nations—albeit disdained and circumvented— again became an essential facilitator in ending the conflict. It is not the only forum for the exercise of creative, sustained multilateral diplomacy, but it remains a resilient and irreplaceable one” (Franck, p. 860); and • “when human rights enforcement by military means is required it should . . . be the responsibility of the [U.N.] Security Council acting under the Charter. But when the Council cannot act, the legal requirement continues to be to save lives, however one can and as quickly as one can for each passing day, each passing hour, means more murder, rapes, mutilations, and dismemberments—violations of human beings that no prosecution will expunge nor remedy repair” (Reisman, p. 862). 1346. Anglin, Douglas (2002). Confronting Rwandan Genocide: The Military Options: What Could and Should the International Community Have Done?
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(Paper Number 6 of the Pearson Papers).Clementsport, Nova Scotia: The Canadian Peacekeeping Press of the Pearson Peacekeeping Centre. 49 pp. This essay “explores promising courses of action that, given the necessary political will, would have been military feasible and morally justifiable. It assesses realistically their prospects of success in checking the hemorrhage in Rwandan lives and identifies the circumstances and significance of the opportunities missed. Particular attention is paid to the time frame [of the events]” (p. 1). The booklet is compromised of the following sections: I. “Deterrence: January 1994” (Cordon and Search: 1. Time Frame; 2. Capabilities; 3. Mandate; 4. Political Will; 5. Consequences; and 6. Descent into Genocide); II. “Opportunity: April 1994” (Optimizing Opportunities: 1. Time Frame; 2. Capabilities; 3. Mandate; 4. Political Will); III. “Operationalizing Opportunities” (1. UNAMIR; 2. Dallaire Plan; 3. Safe Havens; 4. Multinational Force; 5. US Intervention Force; 6. Paracommando Strike; 7. Evacuation Forces; 8. Rwandan Forces); and “Conclusion.” 1347. Annan, Kofi A. (2000). “The Peacekeeping Prescription,” pp. 173–187. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In the course of his discussion, UN Secretary General Kofi Annan addresses the actions and inaction of the UN Security Council during the crises in the Former Yugoslavia and Rwanda in the 1990s. He also discusses reforms needed at the UN to more effectively prevent and/or react to crises, including genocide. 1348. Annan, Kofi A. (1999). The Question of Intervention: Statements by the Secretary-General. New York: United Nations. 58 pp. This booklet contains five speeches that UN Secretary-General Kofi Annan gave on the issue of intervention. The titles of the talks are: “Reflections on Intervention”; “Standing Up for Human Rights”; “Unifying the Security Council in Defense of Human Rights”; “Two Concepts of Sovereignty”; and “Development is the Best Form of Conflict Prevention.” The speeches basically affirm the legitimacy of intervention when the latter is conducted to protect innocent victims of violence committed by sovereign states or where sovereign states are unable or unwilling to protect their citizens. 1349. Annan, Kofi A. (1999). “Two Concepts of Sovereignty,” pp. 37–44. In Kofi A. Annan’s The Question of Intervention: Statements by the Secretary General. New York: United Nations. Herein, UN Secretary General Kofi Annan argues that
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State sovereignty, in its most basic sense, is being redefined by the forces of globalization and international cooperation. The State is now widely understood to be the servant of its people, and not vice versa. At the same time, individual sovereignty—and by this I mean the human rights and fundamental freedoms of each and every individual as enshrined in our Charter—has been enhanced by a renewed consciousness of the right of every individual to control his or her own destiny.” (p. 37)
1350. Arend, Anthony Clark, and Beck, Robert J. (1993). International Law and the Use of Force: Beyond the UN Charter Paradigm. London: Routledge. 272 pp. Arend (professor of Government at Georgetown University) and Beck (professor of International Law and Organization in the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia) blend traditional conceptions concerning the use of force under international law with new theoretical insights to suggest a new paradigm on the use of force in contemporary international relations. The book is comprised of four parts and ten chapters: Part I: Introduction (1. “International Law and the Use of Force”; 2. “Historical Overview: The Development of the Legal Norms Relating to the Recourse to Use Force”); Part II: The United Nations Charter Paradigm (3. “The United Nations Charter Framework for the Resort to Force”; 4. “Collective Use of Force Under the United Nations Charter”); Part III: Challenges to the Charter Paradigm (5. “Anticipatory Self-Defense”; 6. “Intervention in Civil and Mixed Conflicts”; 7. “Intervention to Protect Nationals”; 8. “Humanitarian Intervention”; 9. “Responding to Terrorism”); and Part IV: Conclusions Beyond the Charter Paradigm (10. “International Law and the Recourse to Force: A Shift in Paradigms”). The authors include short but interesting comments on the genocides that were perpetrated in Bangladesh and Cambodia, and the interventions undertaken, respectively, by India and Vietnam. 1351. Art, Robert J. (1999). “The Strategy of Selective Engagement,” pp. 318–339. In Robert J. Art and Kenneth N. Waltz (Eds.) The Use of Force: Military Power and International Politics. Lanham, MD: Rowman & Littlefield Publishers. In his introduction, Art, professor of Politics at Brandeis University, writes as follows: In the current era, what grand strategy best serves the United States? There are seven to choose from: dominion, global collective security, regional collective security, cooperative security, containment, isolationism, and selective engage-
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ment. I argue that selective engagement is the best strategy, and the purpose of this chapter is to show why. (p. 318)
In addressing the above, Art discusses what he perceives as the national interests of the United States, and divides them into vital interests (homeland security, Eurasian Great-Power Peace, and Division of Gulf Resources), and Desirable Interests (International Economic Openness, Democratic Spread and Human Rights Protection, and The Global Environment). 1352. Art, Robert J., and Waltz, Kenneth N. (Eds.) (1999). The Use of Force: Military Power and International Politics. Lanham, MD: Rowman & Littlefield Publishers. 478 pp. This collection is comprised of essays that address critical questions regarding military force in world politics. The essays germane to the issues of the intervention and prevention of genocide are: “Bosnia: Triumph of the Lack of Will” by James Gow; “The Strategy of Selective Engagement” by Robert J. Art; “Intervention in Ethnic and Ideological Civil Wars” by Chaim Kaufmann; and “Military Responses to Refugee Disasters” by Barry R. Posen. 1353. Ashton, Barry (1997). “Making Peace Agreements Work: United Nations Experience in the Former Yugoslavia.” Cornell International Law Journal, 30(3): 769–788. A former deputy commander of the United Nations Peace Forces in the Former Yugoslavia, Ashton addresses various aspects of the UN operation in the former Yugoslavia (UNPROFOR), and discusses the lessons that can be learned from the operation, especially those applicable to the politicomilitary level. The article is comprised of the following sections: I. Conditions for Success in Peacekeeping Operations; II. Testing the Conditions for Success: An Analysis of the United Nations Experience in the Former Yugoslavia (A. A Clear and Practical Mandate; B. Consent: The Cooperation of Parties (1. Croatia; 2. Bosnia-Herzegovina); C. Freedom of Movement; D. Continuing Support of the Security Council; E. Adequate and Effective Forces (1. Adequate Troop Strength; 2. Rules of Engagement; 3. Reserves); F. Demilitarized Zones; G. Effective Command (1. Military Staff Committee; 2. A Single Command Authority); H. Intelligence (1. NATO); I. Financial and Logistic Support); and Conclusion. 1354. Atack, Iain (2005). The Ethics of Peace and War From State Security to World Community. London: Palgrave Macmillan. 160 pp. This book examines three general theories concerned with the role of ethics in international politics, focusing on the specific problems of war
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and armed conflict. The author explores the connections between these three theories—cosmopolitanism, reason of state, and just war theory and pacifism—and puts forward the argument for the appropriateness of cosmopolitanism (with its emphasis on the equal worth of all human beings) above the other two. The book is comprised of the following: “Political Realism and State Violence”; “Internationalism and the Rule of Law”; “Cosmopolitanism and Armed Conflict”; “Just War and the State; “The Politics of Pacifism”; “Post-modern War”; “Human Security, Human Rights, and Human Development”; “Humanitarian Intervention, Cosmopolitanism, and Pacifism”; and “Peacebuilding and International Conflict Management.” 1355. Ayoob, Mohammed (2002). “Humanitarian Intervention and State Sovereignty.” The International Journal of Human Rights, Spring 6(1):81–102. The author discusses the ongoing tension between those who favor humanitarian intervention in the case of flagrant and serious human rights violations (including genocide) and those who are more tentative to act in light of the belief that the best way to maintain international order is by honoring sovereign authority. Among the many issues the author addresses herein are: sovereignty as authority, human rights and sovereignty, the new interventionism, sovereignty as responsibility, humanitarian concerns and national interests, humanitarian interventions and double standards, determining international will, circumventing the UN Security Council, state making and violence, need for a new mechanism, complex political emergencies, and order versus justice. One of his key suggestions is the establishment of a Humanitarian Council with the sole jurisdiction on matters relating to humanitarian interventions. To establish such a council, he notes, the UN Charter would have to be amended to such an end. 1356. Badie, Bertrand (Ed.) (2005). Sovereignty, Prevention and Intervention Norms and Practice in International Politics. London: Palgrave Macmillan. 272 pp. In this collection of essays, the authors suggest that the express purpose of intervention and prevention—to reinforce the institution of sovereignty by re-establishing stability and order within and between states—may ironically have the reverse effect. This is because such activity, by its nature highly selective, may be considered as illegitimate and a new form of imperialism, and also because the capacity to re-establish order and stability, i.e., nation-building, is at best attainable only in the long run. This book is comprised of the following: “Looking Back: The Historical Experience” by M. Heisler; “The Problems and Prospects of a Policy of Prevention” by B. Badie; “Reconstructing the Concepts as Meanings Change” by B. Delcour; “Terrorism, Prevention and Intervention” by B. Dedeoglou;
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“The US Strategy of Pre-emptive Prevention” by R. Väyrynen; “Europe: Sovereignty and Prevention” by J. De Wilde; “Sovereignty and Intervention: The Case of Former Yugoslavia and the Middle East” by H. Riegler; “Structural Context and Conflict Dynamics: Prevention and Intervention as Wishful Thinking” by S. Chojnacki; and “A Theoretical Outlook?” by W-D. Eberwein. 1357. Barnett, Michael (2003). “Bureaucratizing the Duty to Aid: The United Nations and Rwandan Genocide,” pp. 174–191. In Anthony F. Lang (Ed.) Just Intervention. Washington, D.C.: Georgetown University Press. In his introduction, Barnett, professor of political science at the University of Wisconsin at Madison, states that The chapter is organized in two sections. It opens with an exploration of the rules of peacekeeping during the cold war; how the end of the cold war led those in New York to relax those rules in ways that expanded the obligations of the United Nations; how this expansion led to a situation of near moral and organizational overload; how headquarters tightened the rules of peacekeeping to save the United Nations from exploitation and ensure that the United Nations was “effective when selective”; and how the United Nations, by tightening the conditions for an intervention, recalibrated its duty to aid. I then focus on the failure of the United Nations to recommend a humanitarian intervention during the first weeks of the Rwanda genocide and hone in on the reasons connected to the rules of peacekeeping that led it to conclude that there was no duty to aid. Specifically, once headquarters attributed the killings to the (preexisting) civil war, it concluded that there was no basis for an intervention. This determination was present not only in the Security Council but also among the very UN staff who are presumed to espouse humanitarian principles and therefore were most likely to feel the weight of a duty to aid in the presence of such killings. I conclude by raising the general themes of the bureaucratization of the duty to aid and the logics that can unfold when searching for rules of humanitarian intervention. (p. 176)
1358. Beach, Hugh (2000). “Secessions, Interventions, and Just War Theory: The Case of Kosovo,” pp. 11–36. In Pugwash Study Group (Ed.) Pugwash Study Group on Intervention, Sovereignty and International Security. Cambridge, MA: Council of the Pugwash Conferences on Science and World Affairs. A fascinating and informative essay on the issue of the evolution, justification and use of intervention in the so-called “internal affairs” of nations, using Kosovo (late 1990s) as a case study. 1359. Berfield, Susan (1992). “Susan Berfield: An Interview with George Kenney: Does Bosnia Matter to the United States?” Fall/Winter, World Policy Journal, 9(4):639–654.
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Susan Berfield, managing editor of the World Policy Journal, interviews George Kenney, deputy chief and then acting chief of Yugoslav affairs at the U.S. State Department, about why he resigned from his job in protest over the Bush administration’s (1988–1992) policies vis-à-vis the situation in the former Yugoslavia. Kenney argues that the Bush Administration’s “handling of Yugoslavia’s break-up and Bosnia’s break-down was ineffective and irresponsible: ineffective because it wrongly assumed that the Serbians wanted peace, and irresponsible because it is shaped by public opinion, not principle” (p. 640). 1360. Bert, Wayne (1997). The Reluctant Superpower: United States’ Policy in Bosnia, 1991–1995. New York: St. Martin’s Press. 324 pp. The author examines the policies of two U.S. presidential administrations (George Bush’s (1988–1992) and Bill Clinton’s (1992–2000)) toward the war in the former Yugoslavia. In doing so, he explores the various factors that came into play vis-à-vis the U.S. intervention and discusses lessons for future post-cold war intervention decisions. The book is comprised of five parts and thirteen chapters: Part I. The International Setting (1. “The United States and the Post-Cold War International System”; and 2. “What Should Policy Be? Guidelines for Intervention”); Part II. The Yugoslav Setting (3. “The Development of the War in Yugoslavia”; and 4. “The Nature of the War”); Part III. U.S. Interests in and Perceptions of Yugoslavia (5. “Security Interests and Other Interests”; 6. “The Foreign Policy Mood in the United States”; 7. “American Perceptions: Civil War and Ethnic Hatred” and 8. “Vietnam and the Debate on Intervention in Bosnia”); Part IV. US Policy in Yugoslavia and Bosnia-Herzegovina (9. “The Bush Administration: From Status Quo to Immobility”; 10. “The Clinton Administration I. Strategies and Obstacles”; 11. “The Clinton Administration II: The Agony of Decision”; and 12. “The Clinton Administration III. Reassertion of American Leadership”); and Part V. The New Ethos on Intervention (13. “The Reluctant Superpower”). 1361. Bhatia, Michael V. (2003).War and Intervention: Issues for Contemporary Peace Operations. Bloomfield, CT: Kumarian Press. 222 pp. This book is comprised of the following: I. “Introduction”; 2. “Background: The United Nations, the United States, and Ground Intervention”; 3. “The Operational Environment: Dissolution and Globalization”; 4. “Contemporary Peace Operations: Administering Territory”; 5. “The Military Dimension: Methods and Emerging Capabilities”; and 6. “Afterward and Aftermath.”
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Among the genocides discussed herein are those that were committed in Rwanda and the former Yugoslavia. Also discussed is the 1999 intervention in East Timor. 1362. Biermann, Wolfgang, and Vadset, Martin (Eds.) (1998). UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia—Peacekeepers’ Views on the Limits and Possibilities of the United Nations in Civil War-like Conflict. Aldershot [England]: Ashgate. 378 pp. This book is a record, which includes both statistical analysis and personal accounts, of lessons learned regarding the lengthy and complex UN peacekeeping operation carried out in the former Yugoslavia during the 1990s. 1363. Blank, Stephen J (Ed.) (1995).Yugoslavia’s Wars: The Problem from Hell. Carlisle Barracks, PA: Strategic Studies Institute (U.S. Army War College). 159 pp. This booklet, published three years into the conflict in the former Yugoslavia, is comprised of the following six chapters: “Introduction” by Stephen J. Blank; “The Crisis in Bosnia Herzegovina: Past, Present and Future” by Paul Shoup; “The Conflicts of Bosnia: Assessing the Role of the United Nations” by James A. Schear; “Negotiating a Settlement: Lessons of the Diplomatic Process” by Steven L. Burg; “No Balm in Gilead: The Employment of Military Force in the War in Former Yugoslavia and Prospects for a Lasting Peace” by Adolf Carlson; and “Yugoslavia’s Wars and European Security” by Stephen J. Blank. 1364. Blinderman, Eric (2002). “International Law and Information Intervention,” pp. 104–138. In Monroe E. Price and Mark Thompson (Eds.) Forging Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In this piece, Blinderman, an attorney with degrees in communication and international law, first defines the term “information intervention” and then compares it to more traditional legal concepts of humanitarian intervention. It next places the term “information intervention” within the contours of non-intervention. In the middle sections, the chapter discusses the legality of United Nations-authorized pre-emptive information intervention and contrasts it to the purported legality of information intervention undertaken by a single state or group of states that do not receive authorization from the United Nations or the target state’s consent. The chapter then discusses whether an intervening state or group of states may lawfully utilize the techniques of information intervention against a target state when individuals in the target state, acting in their individual or official capacity, utilize media outlets at their disposal to incite others into
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committing genocide. Finally, the last section argues that new international legal norms allowing for both United Nations authorized and non-authorized pre-emptive information intervention need to be created so that states are better equipped to prevent the occurrence of systematic and widespread human rights violations. (p. 106)
1365. Boniface, Pascal (2003). “What Justifies Regime Change?” The Washington Quarterly, Summer, 26(3):61–71. In this article, Boniface, director of the Institute for International and Strategic Relations in Paris, discusses, in part, the issue of genocide as a potential justification for regime change (pp. 67–68). 1366. Booth, Ken (Ed.) (2001). The Kosovo Tragedy: The Human Rights Dimension. London and Portland, OR: Frank Cass Publishers. 386 pp. This book, edited by Ken Booth, E. H. Carr Professor of International Politics at the University of Wales, constitutes a detailed and early assessment of the 1999 Kosovo tragedy. It offers perspectives on such concepts as genocide, ethnic cleansing, and “rape in war,” presents discussions on some of the most important human rights lessons for the events in Bosnia during the 1990s, and examines the question of the lawfulness and legitimacy of the North Atlantic Treaty Organization’s (NATO) actions/intervention in Kosovo. The book is comprised of six parts and thirteen chapters: Part One: Perspectives (1. “Genocide: Knowing What It Is That We Want to Remember, or Forget, or Forgive” by Tim Dunne and Daniela Kroslak; 2. “The History and Politics of Ethnic Cleansing” by Carrie Booth Walling; 3. “Rape in War: Lessons of the Balkan Conflicts in the 1990s” by Caroline Kennedy-Pipe and Penny Stanley); Part Two: Prologue (4. “Warnings from Bosnia: The Dayton Agreement and the Implementation of Human Rights” by Marianne Hanson; 5. “Human Wrongs in Kosovo, 1974-99” by Alex J. Bellamy; 6. “OSCE Verification Experiences in Kosovo: November 1998-June 1999” by William G. Walker); Part Three: War (7. “Reflections on the Legality and Legitimacy of NATO’s Intervention in Kosovo” by Nicholas J. Wheeler; 8. “The Kosovo Refugee Crisis: NATO’s Humanitarianism versus Human Rights” by Jim Whitman; 9. “International Humanitarian Law and the Kosovo Crisis” by Hilaire McCoubrey; 10. “The Kosovo Indictment of the International Criminal Tribunal for Yugoslavia” by Marc Weller); Part Four: Aftermath (11. “From Rambouillet to the Kosovo Accords: NATO’s War Against Serbia and Its Aftermath” by Eric Herrring; 12. “The Ambiguities of Elections in Kosovo: Democratization versus Human Rights” by Ian R. Mitchell; 13. “’Post-Conflict’ Kosovo: An Anatomy Lesson in the Ethics/
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Politics of Human Rights” by Jasmina Husanovi); Part Five: Forum (“Is Humanitarian War a Contradiction in Terms?”): A. “A Qualified Defense of the Use of Force for ‘Humanitarian’ Reasons” by Chris Brown; B. “Can There Be Such a Thing as a Just War?” by Melanie McDonagh; C. “The 1999 Kosovo War Through a South African Lens” by John Stremlau; D. “No Good Deed Shall Go Unpunished” by Colin S. Gray; E. “Air Power and the Liberal Politics of War” by Tarak Barkawi; F. “Ten Flaws of Just War” by Ken Booth; and G. “’Humanitarian Wars’: Realist Geopolitics and Genocidal Practices: ‘Saving the Kosovars’” by Richard Falk); and Part Six: Documents (United Nations Convention on the Prevention and Punishment of the Crime of Genocide, Resolutions by the UN Security Council, and the War in Kosovo). 1367. Both, Norbert (2000). From Indifference to Entrapment: The Netherlands and the Yugoslav Crisis 1990–1995. Amsterdam: Amsterdam University Press. 265 pp. From Indifference to Entrapment examines how the Netherlands dealt with the Yugoslav crisis during the years 1990–1995, a period when the crisis erupted into areas of conflict and genocidal massacres. It was also during a time period when the Netherlands held the EC/EU Presidency during the recognition debate in 1991 and supplied the peacekeeping presence in Srebrenica (a so-called safe area where a Serb-perpetrated genocide took the lives of approximately eight thousand Muslim boys and men). Among the questions the author, who works at the Netherlands Ministry of Foreign Affairs, examines in this book are: “Did early warning work?” “What role did the Dutch Presidency (July-December 1994) play in the recognition debate?” “What motivated the opposition to the Vance-Owen Peace Plan?” “Why did the Netherlands became entrapped, as symbolized through its isolated peacekeeping commitment to Srebrenica?” The book is comprised of five chapters (plus an introduction and conclusion): 1. “The Netherlands and Its Foreign Policy System”; 2. “An Emerging Challenge, July 1990–June 1991”; 3. “From ‘Even-Handedness’ to ‘Selectiveness’”; 4. “Moral and Political Entrapment” (International Peace Plans for Bosnia-Herzegovina, 1992–1994); and 5. “Military Entrapment” (The Commitment to Srebrenica, 1993–1995). 1368. Boutros-Ghali, Boutros (1992). An Agenda for Peace: Preventive Diplomacy, Peacemaking and Peace-keeping. New York: United Nations. n.p. An Agenda for Peace, one of the major UN reports issued in the 1990s, resulted from a request made on January 31, 1991, by the UN Security Council that Secretary General Boutros Boutros-Ghali “prepare and circulate
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to the Members of the United Nations ‘an analysis and recommendations on ways of strengthening and making more efficient within the framework and provisions of the UN Charter the capacity of the United Nations for preventive diplomacy, peacemaking and peace-keeping.’” The report is comprised of the following sections: I. The Changing Context; II. Definitions; III. Preventive Diplomacy (Measures to Build Confidence; Fact-Finding; Early Warning; Preventive Deployment; Demilitarized Zones); IV. Peacemaking (The World Court; Amelioration Through Assistance; Sanctions and Special Economic Problems; Use of Military Force; Peace-enforcement Units); V. Peace-Keeping (Increasing Demands, New Departures in Peace-Keeping; Personnel; Logistics); VI. Post-Conflict Peace-Building; VII. Cooperation with Regional Arrangements and Organizations; VIII. Safety of Personnel; IX. Financing; and X. An Agenda for Peace. 1369. Boutros-Ghali, Boutros (1995). Confronting New Challenges: Annual Report on the Work of the Organization, 1995. New York: United Nations Department of Public Information. 380 pp. This report is comprised of five parts (only those sections germane to the intervention of genocide are noted herein): I. Introduction; II. Coordinating a Comprehensive Strategy; and III. The Foundations of Peace: Development, Humanitarian Action and Human Rights (The Humanitarian Imperative, Protection and Resettlement of Refugees, Protection and Promotion of Human Rights). 1370. Boutros-Ghali, Boutros (1995). Supplement to An Agenda for Peace: Position Paper of the Secretary-General on the Occasion of the Fiftieth Anniversary of the United Nations. New York: United Nations. In his introduction, Boutros Boutros-Ghali asserts the following: Most of the ideas in “An Agenda for Peace” have proved themselves. A few have not been taken up. The purpose of the present position paper is not to revise “An Agenda for Peace” nor to call into question structures and procedures that have been tested by time. . . . Its purpose is to highlight areas where . . . difficulties have arisen and where there is a need for the Member States to take the “hard decisions” I [made in “An Agenda for Peace”]. . . . I [wish] to go beyond the recommendations I made in 1992 and suggest the establishment of a mechanism to carry out the following functions: (a) To assess, at the request of the Security Council, and before sanctions are imposed, their potential impact on the target country and on third countries; (b) To monitor application of the sanctions; (c) To measure their effects in order to enable the Security Council to fine tune them with a view to maximizing their political impact and minimizing collateral damage; (d) To ensure the
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delivery of humanitarian assistance to vulnerable groups; (e) To explore ways of assisting Member States that are suffering collateral damage and to evaluate claims submitted by such States under Article 50. . . . One of the achievements of the Charter of the United Nations was to empower the Organization to take enforcement action against those responsible for threats to the peace, breaches of the peace or acts of aggression. However, neither the Security Council nor the Secretary-General at present has the capacity to deploy, direct, command and control operations for this purpose, except perhaps on a very limited scale. I believe that it is desirable in the long term that the United Nations develop such a capacity, but it would be folly to attempt to do so at the present time when the Organization is resource-starved and hard pressed to handle the less demanding peacemaking and peacekeeping responsibilities entrusted to it. (pp. i–ii)
The report is comprised of the following sections: I. Introduction; II. Quantitative and Qualitative Changes; III. Instruments for Peace and Security (A. Preventive Diplomacy and Peacemaking; B. Peace-keeping; C. Post-conflict Peace-building; D. Disarmament; E. Sanctions; F. Enforcement Action); IV. Coordination; V. Financial Resources; and VI. Conclusion. 1371. Boutros-Ghali, Boutros (1999).Unvanquished: A U.S.-UN Saga. London: Tauris. 352 pp. In this autobiography, Boutros-Ghali discusses his tenure as United Nations Secretary General between 1992 and 1996. While the primary focus of the book is Boutros-Ghali’s acrimonious relationship with the United States government, Boutros-Ghali provides unique and valuable insights into the political machinations of the UN Security Council, the Byzantine bureaucratic dealings of the UN Secretariat, and the fate of UN peacekeeping in the 1990s in such places as Bosnia, Cambodia, and Rwanda. Of particular interest is his criticism of the UN Security Council’s lack of political will regarding the conflict in Bosnia and the 1994 genocide in Rwanda, and his condemnation of the double standards of the UN’s Western powers in selectively supporting UN interventions in what he deems “rich men’s wars” in Europe and Asia while ignoring the plight of the peoples of Africa. In particular, his castigation of the United States for blocking UN action to stop the genocide in Rwanda is merciless—as it should be. However, his close relations with France seemingly prevent him from being equally merciless in his criticism of the French who trained and armed the Hutus prior to and during the genocidal period in Rwanda. 1372. Bowen, Desmond (2000). “Something Must Be Done—Military Intervention.” Studies in Conflict and Terrorism. January-March, 23(1):1–19. In this essay, Bowen, who works at England’s Ministry of Defence, explores what he deems “the proper employment of military forces and personnel in
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peace operations undertaken or authorized by the UN” (p. 1). In doing so, he examines the nature of the military, the context of military intervention, the application of military intervention under the auspices of the UN, and various “tests”/parameters that should be met before military intervention is used. Among these are the following: “The international community’s objective has to be a political solution to the underlying problem that has given rise to the conflict or humanitarian disaster; Intervention by outside armed forces should not take place in the absence of a political process which will ultimately render the intervention force redundant; The military task to be undertaken has to be clearly defined, and carefully weighed; The success of the intervention must be ascertained; The physician’s precept of ‘do no harm’ must be heeded; The fact that military action is an instrument of politics must be understood; and There will be exceptions in the case of humanitarian disasters” (e.g., the perpetration of genocide) (pp. 15–18). 1373. Bowles, Newton (2004). The Diplomacy of Hope: The United Nations Since the Cold War. New York: I. B. Tauris. 205 pp. In part, this book explores how the UN works, or does not, and describes how the tension between the elite Security Council and all-inclusive General Assembly can frustrate decisive action. 1374. Boyd, Charles G. (1995). “Making Peace with the Guilty: The Truth About Bosnia.” Foreign Affairs, September/October, 74(5):22–38. Written by a retired U.S. Air Force general who was the deputy commander in chief of the U.S. European Command from November 1992 to July 1995, this is a hard-hitting and highly critical essay of the United States’ policies and actions vis-à-vis the conflict in the Balkans. In part, he states that At the end of the day, the United States must face the reality that it cannot produce an enduring solution with military force—air or ground—only one that will last until it departs. There is an alternative: proceed from the premise that all factions to the conflict have legitimate needs, not just Muslims and Croats. Leverage Belgrade and Zagreb equally to stop the flow of arms to Bosnia. Denounce the use of military force with equal indignation toward all perpetrators. Pressure the Bosnians to negotiate in good faith or risk true abandonment. Enlist the Russians both to represent and dampen Serb demands. Enforce a cease fire impartially. (p. 38)
1375. Bring, Ove (1999). “Should NATO Take the Lead in Formulating a Doctrine on Humanitarian Intervention?” NATO Review, Autumn, 47(3):24–27. Bring, a professor of international law at the Swedish Defense College and Stockholm University, argues that there is an urgent need to formulate a doctrine on humanitarian intervention—one that builds on the emerging international norm that gives precedence to the protection of human rights
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over sovereignty in certain circumstances—and that NATO (the North Atlantic Treaty Organization) should take the lead on this. 1376. Bronkhorst, Daan (1984). “Extrajudicial Executions, International Alerts and Campaigning,” pp. 281–287. In Israel W. Charny (Ed.) Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press. In this piece, Bronkhorst, a human rights researcher in the Netherlands, discusses the concept of “International Alerts” whose express purpose would be to “communicate human rights information to people in ways that invite, guide, and facilitate taking stands and taking action on behalf of human rights,” [particularly, mass scale killings committed by governments] (p. 282). Bronkhorst delineates the following set of priorities regarding the implementation of an International Alert system: 1. A Program of Action Should be Coordinated; 2. A Program Should Have an Active Media Approach; 3. A Program Should be Set Out on Research Standards; 4. A Program Should Have “Spearheads” for Action; 5. A Program Should Activate Early Action Mechanisms, and 6. A Program Should Involve Professional Groups. Bronkhorst also discusses various problems connected with such alerts (e.g., obtaining and using reliable sources, presenting the information, and using the information in an effective manner). 1377. Brugnola, Orlanda; Fein, Helen; and Spirer, Louise (Eds.) (1999). Ever Again?: Evaluating the United Nations Genocide Convention on Its 50th Anniversary and Proposals to Activate the Convention. New York: Institute for the Study of Genocide. 99 pp. The articles included herein are papers that were delivered at “Ever Again? Evaluating the United Nations Genocide Convention on Its 50th Anniversary and Proposals to Activate the Convention,” a conference sponsored by the Institute for the Study of Genocide (December 2–3, 1998) on the issue of enforcement of the U.N. Convention on Genocide. The conference was designed not only to review the issues of the prevention and punishment of genocide, but to consider what can be done to reinforce the United Nations’ actions under the Convention. Among the questions/issues addressed at the conference were: “How do we identify, or recognize, a genocide under the U.N. Genocide Convention?”; “How do we stop genocide in progress?”; “Who is responsible to intervene in a purported genocide?”; “How is genocide made visible; and “How do we identify a genocide?” The titles of the various articles are: “Introduction” by Helen Fein; “Limits of the United Nations Convention and Contemporary Jurisprudence” by
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Beth Van Schaack; “Proposal for an International Police Force to Stop Genocide” by John Fousek and Saul Mendlovitz; “Creating an Imperative: Action in the Face of Genocide” by Sarah Sewell; “What Can Governments, International Organizations, and Non-Governmental Organizations Do Now to Prevent Genocide” by Michael McClintock; “The Role of Human Rights Non-Governmental Organizations in the Prevention of Genocide: A Skeptical View” by Morton Winston; “Accountability for Inaction: Getting Beyond ‘Political Will’” by Samantha Power; and “Covering War Crimes and Genocide: A Reporter’s Guide to the Perplexed” by Roy Gutman. 1378. Brown, Chris (2002). “Humanitarianism and Humanitarian Intervention,” pp. 134–150. In Chris Brown’s Sovereignty, Rights and Justice: International Political Theory Today. Cambridge (UK): Polity. In his introduction, Brown asserts that . . . the lack of enforcement mechanisms is widely seen as undermining the effectiveness of the international human rights regime; this is the point at which the competing norms of “universal human rights” and “state sovereignty” come face to face, and state sovereignty generally wins the confrontation. In order for this not to be the case it would be necessary for the “international community”—setting aside for the moment what is meant by that term—to intervene in the domestic affairs of one of its members for humanitarian reasons, which can provisionally be defined as “primarily in the interests of the local inhabitants,” and it is usually believed that only very rarely in the history of the Westphalia System has such action been taken. The last decade or so, however, has seen a number of putatively “humanitarian interventions,” including one case—Kosovo, 1999—where a war was actually fought ostensibly for humanitarian reasons, and, on the face of it, it seems that the contest between individual rights and state sovereignty may about to take a new form. This shift is sometimes attributed to a change in general consciousness as individuals, especially in the affluent West, become less willing to see egregious breaches of civilized standards elsewhere than they once were, but also clearly it has something to do with the end of the Cold War. Whereas during the course of the latter, interventions either were or were not made in response to the constraints or necessities of the conflict itself, in the post-1989 world it has become possible for issues such as the whole-sale abuse of human rights to be treated in their own terms rather than as part of the great contest. In any event, it is often suggested that a new norm of humanitarian intervention is evolving, and that . . . a “solidarist” rather than a “pluralist” concept of international society is emerging. Most of this chapter will be devoted to an examination of this claim. (pp. 134–135)
The chapter is comprised of the following sections: Humanitarian Intervention and the Westphalia System; the Emergence of a Strong Norm of Non-Intervention; Intervention in the 1990s: An Overview; and Reflections on Humanitarian Intervention in the 1990s.
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1379. Buckley, William Joseph (Ed.) (2000). Kosovo: Contending Voices on Balkan Interventions. Grand Rapids, MI: William B. Eerdmans Publishing Co. 528 pp. This book presents the views (in sixty-five essays) of an eclectic group of individuals (intellectuals, journalists, military personnel, policy makers, politicians, priests, professors, and survivors of the Kosovo conflict). Collectively, the authors address a wide array of issues including the motives and circumstances that led to the crisis in Kosovo, just war theory, and the pros and cons of humanitarian intervention. Possibly what is most remarkable about this volume is the way in which different individuals with different agendas interpret the same conflict in such radically different ways. Among the many contributors are Kofi Annan, Zbiegniew Brzezinski, Wesley Clark, Tim Judah, Jürgen Habermas, Henry Kissinger, and Slobodan Milosevic. 1380. Bull, Hedley (Ed.) (1984). Intervention in World Politics. Oxford: Clarendon Press. 198 pp. The contributors to this volume delineate the latest thinking through 1984 on issues related to interventions. Among the essays it contains are: “The Problems of Intervention” by Stanley Hoffmann; “Intervention and International Law” by Rosalyn Higgins; and “Humanitarian Intervention” by Michael Akehurst. 1381. Burg, Steven L. (2003). “Coercive Diplomacy in the Balkans: The U.S. Use of Force in Bosnia and Kosovo,” pp. 57–118. In Robert J. Art and Patrick M. Cronin (Eds.) The United States and Coercive Diplomacy. Washington, D.C.: United States Institute of Peace Press. In this chapter, Burg, Adlai Stevenson Professor of International Politics at Brandeis University, reviews the characteristics of the coercive diplomacy practiced in Bosnia and the key factors that accounted for its success. He suggests that U.S. policy makers may have misread the Bosnian experience, leading to the misapplication of coercive diplomacy in Kosovo. He also suggests that Western policy makers may have missed an opportunity to pursue an alternative, peaceful strategy for managing conflict in Kosovo and identifies factors that led them instead to rely on force and, ultimately, coercion. 1382. Burgess, J. Peter (2002). “Ethics of Humanitarian Intervention: The Circle Closes.” Security Dialogue, 33(3):261–264. This is a short but interesting commentary on the history of the concept of “humanitarian intervention” and how it has evolved over roughly the past century and a half. Burgess concludes by saying, “It remains to be seen whether the clash of these two traditions in political theory [human rights
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and state sovereignty] is simply a new expression of the status quo politics of ‘might makes right’—as the recent political compromise in the UN Security Council over the jurisdiction of the International Criminal Court would seem to indicate—or whether a new sense of global responsibility is in the ascendant, accompanied by a commitment to seeking out a truly global consensus on matters of justice, human rights, and sovereignty.” (pp. 263–264) 1383. Byman, Daniel L. (2002). Keeping the Peace: Lasting Solutions to Ethnic Conflicts. Baltimore, MD: The Johns Hopkins University Press. 280 pp. In this book, Byman, a political scientist and RAND Corporation analyst, proposes and examines various strategies a government can use to end violent ethnic conflict over the long term. In doing so, he examines the conditions under which certain strategies work best, as well as the limitations of such. Byman identifies and describes five key strategies: coercing groups and leaders, coopting key elites, changing group identities, implementing powersharing systems, and partitioning states. He also considers the benefits and risks of outside intervention. 1384. Byrne, Sean, and Keashly, Loraleigh (2000). “Working with Ethno- political Conflicts: A Multi-modal Approach,” pp. 97–120. In Tom Woodhouse and Oliver Ramsbotham (Eds.) Peacekeeping and Conflict Resolution. London and Portland, OR: Frank Cass Publishers. In their introduction, the authors (Byrne is director of doctoral studies at the Department of Dispute Resolution, Nova Southeastern University, Fort Lauderdale, and Keashly is the academic director of the master of arts program in dispute resolution at Wayne State University in Detroit) note that In recognition of the diversity of factors that fuel ethno-territorial conflicts, we are broadening the definition of intervention to include any efforts involving external and/or internal parties that focus on amelioration of social, economic, political, physical and psychocultural conditions in the conflict region. Thus, in addition to the more political forms of arbitration, mediation, negotiation, conciliation and reconciliation, as well as the more recently acknowledged informal forms of interactive conflict resolution, we also include: structural change, short-term developmental aid efforts, long-term economic investment plans—both public and private, public education, community-building efforts, physical and mental health care, religious reconciliation work, activism for political rights, community empowerment, healing and storytelling, trust-building, forgiveness, problem-solving workshops, integrated education and media development and education. Focusing on the “multi-modal” nature of intervention in ethno-political conflict, we will discuss these interventions in two ways. First, we will briefly
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discuss each of the six forces [in ethno-territorial conflicts] outlined by Byrne and Carter and illustrate the specific activities and parties that address each of them using examples from past and current ethnic conflicts where possible. Second, we will switch perspectives from forces to the intervention activities and parties themselves and illustrate how they address more than one of these factors, that is, cross-level activity. In the third section, we will consider some ways to facilitate the explicit coordination that our approach suggests. (pp. 98–99)
1385. Camm, Frank A., and Greenfield, Victoria. (2005). Civilian or Military? Assessing the Risk of Using Contractors on the Battlefield. Washington, D.C.: Author. 5 pp. This research brief describes work done for the RAND Arroyo Center that is documented in How Should the Army Use Contractors on the Battlefield? Assessing Comparative Risk in Sourcing Decisions by Camm and Greenfield (2005, 245 p). Among the many issues and questions this report examines are: Army Risk Management; Assessing the Risk of Using Contractors: A Disciplined Approach; Do Contractors Offer an Advantage?; What Are the Risks?; What Are the Hazards?; To What Extent Will the Army Take Advantage of Mitigation Strategies?; Does the Residual Risk Outweigh the Benefits?; How Does the Residual Risk Vary Across Activities and Locations?; Which Source of Support— Contractor or Military—Best Suits the Circumstances of a Particular Activity?; Where Should the Army Assess Risk of Using Contractors?; Outside the Army; Army Services Acquisition Venues; Force Design and Management Venues; System Design Venues; and Specific Contingencies. 1386. Caplan, Richard (2000). “Humanitarian Intervention: Which Way Forward?” Ethics and International Affairs, 14:23–38. In his introduction, Caplan discusses the fact and, in some eyes, the problematic nature of NATO’s bombing campaign against the Federal Republic of Yugoslavia in the spring of 1999. He then proceeds to discuss “the historic prohibitions and recent trends” vis-à-vis the notion of humanitarian intervention; “a new framework for intervention” (Rethinking the Law, Building a Consensus); and Collateral Effects of NATO’s Actions. In his conclusion, Caplan writes as follows: As early as 1991, before the debacles of Bosnia and Rwanda, then UN Secretary General Javier Pérez de Cuéllar identified the challenge that the international community faced as a result of the increased weight being given to human rights and humanitarian norms as matters of international concern:
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It is now increasingly felt that the principle of non-interference within the essential domestic jurisdiction of states cannot be regarded as a protective barrier behind which human rights can be massively or systematically violated with impunity. The fact that in diverse situations the United Nations has not been able to prevent atrocities cannot be accepted as an argument, legal or moral, against the necessary corrective action, especially when peace is also threatened. NATO’s actions over Kosovo represented one form of “corrective action” in response to this challenge—but is it the way forward? Should states—singly or collectively—intervene to prevent or put an end to a humanitarian crisis when the UN Security Council is unable to do so? The genie, it seems fair to say, is already out of the bottle. We are witnessing the emergence of a customary law of humanitarian intervention. And we should welcome this evolution of norms to the extent that it bespeaks genuine humanitarian concern. Of course, such concern may not always or entirely motivate intervening states, despite their claims, which is why it is worth persevering in current efforts to build a consensus in support of a pragmatic set of principles and conditions—that would govern such actions. [I]n the absence of agreed-upon criteria, the risk is even greater that other states and regional organizations, or even NATO for that matter, will invoke a right to use force . . . that does not elicit the relatively broad support that Operation Allied Force enjoyed. . . . The NATO Parliamentary Assembly, in its plenary resolution of November 15, 1999, concluded that “humanitarian intervention cannot be left to the discretion of the intervening state or group of states and must be regulated by clear and universally accepted rules.” It . . . urged its member states “to work together and with Partner countries to develop a clear set of international rules to allow for humanitarian intervention in case of massive human rights violations or an impending humanitarian catastrophe and to commend them for approval by the United Nations.” [R]esolution of the tension between legitimacy and effectiveness in defense of human rights continues to elude the international community. (pp. 37–38)
(Note: Caplan’s essay is also included in Anthony F. Lang Jr.’s Just Intervention. Washington, D.C.: Georgetown University Press, 2003.) 1387. Carmichael, Patrick (2002). “Information Intervention, Media Development, and the Internet,” pp. 365–392. In Monroe E. Price and Mark Thompson (Eds.) Foreign Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In this chapter, Carmichael, a lecturer in information technology and education at Reading University, focuses “on the vulnerability of electronic networks in many parts of the world including post-conflict zones, the lack of strategic thinking on the part of governments and non-governmental organizations (NGOs), and the particular paradox that exists, in places recovering from the consequences of enacted hatred, between extending access and maintaining control.” (p. 365)
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1388. Carpenter, Ted Galen (Ed.) (2000). NATO’s Empty Victory: A Postmortem on the Balkan War. Washington, D.C.: CATO Institute. 194 pp. This volume is comprised of essays that decry NATO’s intervention in Kosovo and the way NATO conducted the intervention. Among the many issues the essayists raise are: the “unintended consequences” of the intervention, the “misdirection and blunders of American foreign policy in the Balkans,” NATO’s “victory” in Kosovo, the “damage to U.S.-Russian and U.S. and China relations,” and the questionable nature of the “Clinton Doctrine.” The book is comprised of the following: “Introduction: A Great Victory” by Ted Galen Carpenter; Part I: Could the Conflict Have Been Averted? (1. “Miscalculations and Blunders Lead to War” by Christopher Layne; 2. “NATO’s Myths and Bogus Justifications for Intervention” by James George Jatras; 3. “NATO’s Hypocritical Humanitarianism” by Doug Bandow); Part II: The Consequences of the War (4. “Collateral Damage in Yugoslavia” by Christopher Layne; 5. “Headaches for Neighboring Countries” by Gary Dempsey; 6. “Damage to Relations with Russia and China” by Ted Galen Carpenter; 7. “Another Blow to America’s Constitution” by Stanley Kober; 8. “Setting Dangerous International Precedents” by Stanley Kober); and Part III. Where Do We Go from Here? (9. “Stabilizing Borders in the Balkans: The Inevitability and Costs of a Greater Albania” by Michael Radu; 10. “The Case for Partitioning Kosovo” by John J. Mearsheimer; 11. “Alternatives to a NATO-Dominated Balkans” by Gary Dempsey and Spiros Rizopoulos; 12. “Silver Lining: Renewed Interest in European-Run Security Institutions” by Jonathan G. Clarke; and 13. “Kosovo as an Omen: The Perils of the ‘New NATO’” by Ted Galen Carpenter). 1389. Chalk, Peter (2001). Australian Foreign and Defense Policy in the Wake of the 1999/2000 East Timor Intervention. Washington, D.C.: Rand Corporation. 88 pp. This book is comprised of the following: Chapter One: “The History and Evolution of Australia’s Foreign Policy in Southeast Asia” (Australian Foreign Policy to 1969, Australian Foreign Policy Between 1969 and 1991, The Post-Cold War Era); Chapter Two: “Australia’s Foreign Relations with Indonesia: 1945 to the Present” (The Early Years: 1945–1965; The New Order Period: 1965–1988; 1988 to the Present); Chapter Three: “The East Timor Issue and its Impact on Australian-Indonesian Relations” (Overview of the East Timor Conflict, Australian Policy to 1995, Australian Policy Under John Howard, Fallout from and Implications of the East Timor Intervention); Chapter Four: “Australian-Indonesian Relations: Mending The Rift and Strengthening Ties” (The Australian-Indonesian Impasse;
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Rebuilding Indonesian-Australian Relations: What Type of Partnership?; Stabilizing Australian-Indonesian Relations: Basic Building Blocks; Australian-Indonesian Defense Ties); Chapter Five: “Examining Australia’s Defense Capabilities In Light of East Timor” (The 2000 Defence White Paper; A Definitive Blueprint for the Future?; The 2000 Defence White Paper and Australia’s Wider Southeast Asian Policy; and The 2000 Defence White Paper and the Australian-U.S. Relationship). 1390. Chandler, David (2001). “Bosnia: The Democracy Paradox.”Current History: A Journal of Contemporary World Affairs, March, pp. 114–119. Chandler, research fellow at the Policy Research Institute at Leeds Metropolitan University in Leeds, England, argues that “There is an alternative to the paradox of establishing new protectorate powers and more invasive international mandates to bring about democracy and self-government in Bosnia, an option never advocated by policy advisors from international institutions: Allow people in the region greater autonomy to develop their own solutions” (p. 114). 1391. Chandler, David (2002). From Kosovo to Kabul: Human Rights and International Intervention. Sterling, VA: Pluto Press. 268 pp. In this volume, Chandler critically examines the way in which human rights issues have been brought to the fore in international policy making. In doing so, he offers a critique of this shift in international affairs, delineating what he perceives as worrying political implications of the human rights framework. More specifically, he asserts that human rights activists have moved away from the rule of law and a return to a system in which “might makes right.” He also argues that international intervention in the name of promoting human rights has had the opposite effect and that such an approach is a bane to human rights and to democracy. The book is comprised of the following chapters: 1. Introduction: “The Idea of Our Time”; 2. “Human Rights-Based ‘Humanitarianism’”; 3. “The Attraction of Ethical Foreign Policy”; 4. “The Limits of Human Rights Theory”; 5. “International Law and the Challenge of Human Rights”; 6. “War: The Lesser of Two Evils?”; 7. “The Retreat from Political Equality”; and 9. “Conclusion: Humanism or Human Rights?” 1392. Charny, Israel W. (1999). “Genocide, Study of,” pp. 36–40. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume 1. Santa Barbara, CA: ABC CLIO Press. One section of this encyclopedic entry is entitled “Intervention and Prevention of Genocide” (pp. 39–40). In it Charny comments on Leo Kuper’s The Prevention of Genocide, the Whitaker Report, the role of NATO and the
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U.N. in the 1990s, the establishment of the International Criminal Court of Justice, and the trials of the alleged perpetrators of genocidal tragedies in Yugoslavia and Rwanda. 1393. Charny, Israel W. (1988). “Intervention and Prevention of Genocide,” pp. 20–38. In Israel W. Charny (Ed.) Genocide: A Critical Bibliographic Review. London and New York: Mansell Publishers and Facts on File, respectively. This short chapter, which is accompanied by a critical annotated bibliography, provides a succinct overview of some critical issues regarding the intervention and prevention of genocide. More specifically, Charny highlights Leo Kuper’s The Prevention of Genocide, Whitaker’s U.N. Report, various proposals vis-à-vis prevention, obstacles to international action against genocide, and prospects for prevention. The annotated bibliography includes fifty-three citations. 1394. Charny, Israel W. (Ed.) (1984). Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press. 396 pp. Included herein are a select number of papers presented at the historic International Conference on the Holocaust and Genocide held in Tel Aviv, Israel, in 1982. Part V of the book (“Toward Intervention and Prevention”) includes the following six chapters: “Extrajudicial Execution, International Alerts and Campaigning” by Daan Bronkhorst; “The Bottom Line in Preventing Future Holocausts” by Julius Lieblein; “The United Nations and Genocide: A Program of Action” by Leo Kuper; “Reason and Realpolitik: International Law and the Prevention of Genocide” by Louis René Beres; “From Theory to Application: Proposal for an Applied Science Approach to a Genocide Early Warning System” by Ephraim M. Howard and Yocheved Howard; and “World Genocide Tribunal: A Proposal for Planetary Preventive Measures Supplementing a Genocide Early Warning System” by Luis Kutner and Ernest Katin. 1395. Charny, Israel W., and Jacobs, Steven L. (1999). “Ethnic Cleansing and Genocide in Kosovo and a Controversial Major International Response by NATO, 1999,” pp. 644–648, 653–654. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. An overview of the NATO forces’ intensive bombing attacks on Serbs in Yugoslavia due to the latter’s “ethnic cleansing” of the Albanian Muslim population in the province of Kosovo. The authors discuss the controversy surrounding the bombing, and the results and varied ramifications of the bombings.
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1396. Chatterjee, Deen K., and Scheid, Don E. (2003). Ethics and Foreign Intervention. New York: Cambridge. 316 pp. This book is a collection of original essays on the ethical and legal implications of humanitarian military intervention. The essays present a variety of normative perspectives on topics such as the just-war theory and its limits, secession and international law, and new approaches toward the moral legitimacy of intervention. The book is comprised of the following: 1. “Introduction” by Deen K. Chatterjee and Don E. Scheid; Part I. The Conceptual and Normative Terrain: 2. “Intervention: Should It Go On, Can It Go On?” by Stanley Hoffman; 3. “Selective Humanitarianism: In Defense of Inconsistency” by Chris Brown; Part II. Just War Perspectives and Limits: 4. “Reciprocity, Stability, and Intervention: The Ethics of Disequilibrium” by Michael Blake; 5. “From Jus ad Bellum to Jus as Pacem: Re-thinking Just War Criteria for the Use of Military Force for Humanitarian Ends” by George R. Lucas, Jr.; 6. “Bombing to Rescue?: NATO’s 1999 Bombing of Serbia” by Henry Shue; 7. “The Burdens of Collective Liability” by Erin Kelly; Part III. Secession and International Law: 8. “The Ethics of Intervention in Self-Determination Struggle” by Tom Farer; 9. “Secession, Humanitarian Intervention, and the Normative Significance of Political Boundaries” by Christine Chwaszcza; 10. “Secession, State Breakdown, and Humanitarian Intervention” by Allen Buchanan; Part IV. The Critique of Interventionism: 11. “Respectable Oppressors, Hypocritical Liberators: Morality, Intervention and Reality” by Richard W. Miller; 12. “Violence Against Power: Critical Thoughts on Military Intervention” by Iris Marion Young; and 13. “War for Humanity: A Critique” by C. A. J. Coady. 1397. Chayes, Antonia, and Chayes, Abram (1999). Planning for Intervention, International Cooperation in Conflict. The Hague: Kluwer International. n. p. The publisher asserts the following about this book: This important volume by two renowned scholars offers a radical and original strategy to change the way the problem of intervention into internal state conflicts is handled by the world community of nations. Planning for Intervention examines both the failures and successes of intervention by the international community into the internal conflicts that are plaguing the post-Cold War world. It examines the legal framework and the bureaucratic and political realities that govern intervention and helps to explain why performance has been so uneven. The strategy offered by the authors operates within the parameters of legal and political limits to improve effectiveness by increasing international cooperation. Although radical and original in the context of international
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intervention, it has strong precedents in both industry and in actual conflict resolution. It involves a move to decentralization of operations to the field, permitting those on the scene to exercise far greater responsibility than is now the case. It details models of success, and argues that effective decentralization can be institutionalized. All of the arguments and strategies developed by the authors are supported by rich examples developed from case studies of how to effectively accomplish their goal of mitigating the outbreaks of violent conflicts through improved international cooperation in intervention.
The book is comprised of the following chapters: 1. “Introduction”; 2. “The Dimensions of the Problem”; 3. “Planned Decentralization: A Better Way”; 4. “Strategy: A New Institutional Architecture”; 5. “Preparation for Decentralization: Training”; 6. “Planning: The Gateway to Decentralization; 7. “Transparency; and 8. “Summing Up to Move Forward.” 1398. Chesterman, Simon (2003). “Hard Cases Make Bad Law: Law, Ethics, and Politics in Humanitarian Intervention,” pp. 46–61. In Anthony F. Lang, Jr. (Ed.) Just Intervention. Washington, D.C.: Georgetown University Press. Chesterman, a senior associate at the International Peace Academy, addresses two key issues: humanitarian intervention and international law, and the concern over what he refers to as “the exception and the rule” in regard to the intervention in Kosovo. 1399. Chesterman, Simon (2001). Just War or Just Peace? Humanitarian Intervention and International Law. Oxford: Oxford University Press. 326 pp. Chesterman presents an examination of the legality of humanitarian intervention. In doing so, he examines the genesis of the concept, and asserts that as a legal concept it does not make sense. More specifically, he delineates what he considers to be the weaknesses inherent in the arguments supporting a doctrine of unilateral humanitarian intervention in international society. Furthermore, he argues that states do not have a legal right to carry out an intervention even if it is in support of UN Security Council resolutions, and not even if they believe that it is the only way to halt a genocide. He also provides a detailed analysis of NATO’s action in Kosovo “in its proper legal perspective.” 1400. Chesterman, Simon (2002). “Legality Versus Legitimacy: Humanitarian Intervention, the Security Council, and the Rule of Law.” Security Dialogue, 33(3):293–307. This article sketches out the nature of legal responses to humanitarian intervention in general and the Kosovo intervention in particular, with particular attention given
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to arguments that were not made. Though some possible arguments appear to have been omitted through oversight, the nature of the discussion suggests a view of international law as one policy justification among others. These debates are then situated in a broader historical context by drawing parallels between the current international framework and earlier historical periods in which no body comparable to the Security Council existed. It is argued that developments since the end of the Cold War, and in the past few years in particular, suggest a reversion to pre-Charter paradigms, where the Council exists merely to advise member-states and international order is contingent, once more, on the goodwill of the powerful. The reluctance of the Great Powers to submit themselves to law may yet have a more lasting effect on the international order than NATO’s decision to wage war on behalf of the Kosovo Albanians. (p. 293)
1401. Chimni, B. S. (2002). “A New Humanitarian Council for Humanitarian Interventions?” The International Journal of Human Rights, Spring, 6(1): 103–111. In this essay, Chimni, a professor at Jawaharal Nehru University in New Delhi, provides a critique of Mohammed Ayoob’s call for the establishment of a “Humanitarian Council whose express purpose would be to decide if, when and how humanitarian interventions would be carried out” [see Annotation # 1355], and then proceeds to offer alternative proposals to such a council. His main suggestion is the adoption of a “multilateral instrument, soft or hard, to clarify the law relating to ‘humanitarian intervention.’ It would, among other things, identify the situations in which humanitarian intervention can take place and the principles and norms which would inform the process leading up to the decision to intervene, as well as the actual operations” (p. 109). 1402. Chomsky, Noam (2001). A New Generation Draws the Line: Kosovo, East Timor, and the Standards of the West. New York: Verso. 154 pp. Herein, Chomsky, Institute Professor in the Department of Linguistics and Philosophy at the Massachusetts Institute of Technology, argues that humanitarianism was not the moving force behind NATO’s intervention in Yugoslavia, and that its strategic concerns were dominant while the fate of the civilian population was incidental. He argues that the same sort of situation was evident in East Timor in 1999. The book is comprised of the following chapters: 1. “Intentional Ignorance and Its Uses”; 2. “’Green Light’ for War Crimes”; and 3. “Kosovo in Retrospect.” 1403. Chopra, Jarat (Ed.) (1998). The Politics of Peace-Maintenance. Boulder, CO: Lynne Rienner Publishers. 145 pp.
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In this book, Chopra, a research associate and lecturer in international law at the Thomas J. Watson Jr. Institute for International Studies at Brown University, has brought together a group of experts to examine the concept/ procedure known as “peace-maintenance.” Defined as “Varying in degree of engagement between governorship, control, partnership, and assistance, peace-maintenance is conceived as an interim authority that, in conjunction with local populations, represents the exercise of political authority within nations by the international community as a whole” (p. 145). Put another way, peace-maintenance is a comprehensive political strategy for pulling together all forms of intervention and assistance that may be required when state institutions fail (or risk failing) and violent conflict is on the horizon. The contributors to this book debate the legitimacy and efficacy of peace-maintenance, and delineate the dimensions and requirements of successful operations. Both theory and findings from practical experience are interwoven into the chapters vis-à-vis the establishment of political authority, the organization of civil administrations, the re-establishment of law and order, the assertion of humanitarianism, the establishment of military security, and other related issues. 1404. Chopra, Jarat (2000). “The UN’s Kingdom of East Timor.”Survival, Autumn, 42(3):27–39. Chopra, who resigned as head of the UN Transitional Authority in East Timor’s (UNTAET) Office of District Administration on March 6, 2000, asserts the following in his introduction: With its transitional administration in East Timor, the UN is exercising sovereign authority within a fledgling nation for the first time in its history. This development is consistent with the trend towards increasing social and territorial control in interventions to remedy the breakdown of failed states, combat warring factions and topple abusive warlords. But the result will be merely another form of authoritarianism unless the transitional administrators themselves submit to a judicious separation of powers and to genuine accountability to the local people whom they serve. Peace-maintenance will win legitimacy only if global governors lead by example. Thus far, the UN has not done so in East Timor. (p. 27)
The article is comprised of the following sections: Scorched Earth, UN Sovereignty, Authoritarian UNTAET, Failed “Timorization,” and Misguided Leadership. 1405. Ciechanski, Jerzy (1997). “Enforcement Measures Under Chapter VII of the UN Charter: UN Practice After the Cold War,” pp. 82–104. In Michael Pugh (Ed.) The UN, Peace, and Force. London: Frank Cass and Company. This provocative essay, by a Professor of Political Science at the University
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of Dayton, Ohio, is comprised of the following sections: Post-Cold War Resolutions Under Chapter VII; Chapter VII as Legitimizer of Legal Uses of Force; The Mistake of “Forcible Peacekeeping”; and International Legislation by the Security Council. Among the conflicts Ciechanski alludes to and/or discusses are those in the former Yugoslavia, the plight of the Kurds in northern Iraq, and the 1994 genocide in Rwanda. In concluding his essay, Ciechanski, in part, writes as follows: States have reviewed their positions and begun expressing reservations about the Security Council’s use of Chapter VII. A number of Third World countries have quite consistently stressed the importance of the inviolability of the domestic jurisdiction of states which should not be circumvented by the Security Council under any pretext. [For example,] after the Gulf War, several major countries (e.g., China, India, and Zimbabwe) were uneasy about the Security Council taking up, in resolution 688 (5, April, 1991), the question of gross violations by the government of Iraq of human rights of Iraqi Kurds and Shi’i Muslims, believing that the Council transgressed the limits of its jurisdiction. China and Zimbabwe took an identical position during the Security Council debate (13 and 16 November 1992) on human rights abuses in Yugoslavia. Finally, since August 1994, Burundi has continually rejected, as an intervention in its internal affairs, offers by the Secretary General and Security Council of a UN peacekeeping force to contain growing tribal violence. As an expression of resistance to the Security Council’s improper encroachments, the 1992 Non-Aligned Conference called on the UN to always remain “in full respect of the principles of sovereignty and non-interference in the internal affairs of states.” Furthermore, since the 1991 Gulf War, many Third World states have also insisted on a restructuring which would make the Security Council even less capable of decisive action. The Western states have also lost some of their early enthusiasm, especially with regard to large intrusive peacekeeping operations. They seem to be less concerned with legal and more with the practical limits of Security Council activism in the Westphalian international system. Some of the force suppliers rejected the notion of their contingents being used in forcible military operations either under Chapter VII or under the rules of self-defense, the scope of which broadened considerably as the peacekeeping mandates became more activist. (pp. 97–98)
1406. Clarke, Jonathan, and Clad, James (1995). After the Crusade: American Foreign Policy for the Post-Superpower Age. Lanham, MD: Madison Books. 228 pp. In his foreword, James R. Schlesinger comments as follows about After the Crusade: In the place of post-Cold War utopia, the authors [both former diplomats, Clad for New Zealand and Clarke for Britain] recognize that, as they put it,
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“the primal temperament of international politics has reasserted itself.” This implies that the world inevitably will remain a messy place, far beyond the limited capacity of American society to cure. They therefore urge not only that we exercise rigorous selectivity but also that we adjust our attitudes . . . While the experts may differ among themselves regarding where the United States should become involved, there is a clear bias among the commentators, as we emerge from the Cold War, towards international activism. It is right that this reflexive activism be criticized and curtailed (p. x).
1407. Clarke, Walter S. (1998). “Waiting for ‘the Big One’: Confronting Complex Humanitarian Emergencies and State Collapse in Central Africa,” pp. 72– 101. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass. Clarke, a retired U.S. diplomat and adjunct professor of peace operations at the U.S. Army Peacekeeping Institute, argues that the world community’s totally inadequate response to the 1994 genocide in Rwanda and the 1996 mass killing (estimated to be in the tens of thousands) of Hutu refugees in Zaire is indicative of the fact that the international community has no truly effective procedure in place to respond to such conflicts/tragedies. In light of that, he proposes a comprehensive framework for developing and implementing an effective response to state failure, complex emergencies, and peace operations. 1408. Clarke, Walter, and Gosende, Robert (1996). “The Political Component: The Missing Element in US Intervention Planning.” Parameters: US Army War College Quarterly, Autumn, 26(3):35–51. The authors examine a host of issues germane to the United States policy of intervention: the inadequacy of U.S. doctrine, limits of the U.S. intervention model, the application of political-military doctrine, the inadequacy of the international intervention doctrine, doctrinal issues in international intervention, suggested principles for international intervention, and U.S. intervention doctrine for the twenty-first century. 1409. Clarke, Walter S., and Herbst, Jeffrey (1997). Learning From Somalia: The Lessons Of Armed Humanitarian Intervention. Boulder, CO: Westview Press. 265 pp. While this book’s focus does not deal with genocide, it does deal with the tragic fiasco of the Somalia intervention under the Clinton presidency. In fact, it was the disaster in Somalia that ostensibly made the president and his advisors more than a little tentative to engage in other humanitarian crises, including genocidal actions—the latter of which came to be known as “the Somalia factor.”
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Among some of the many issues discussed here are: legal aspects of intervention, failed visions and uncertain mandates in Somalia; economic aspects of intervention, military aspects of intervention, decision making during intervention, and the lessons of Somalia for the future of U.S. foreign policy. 1410. Clarke, Walter, and Herbst, Jeffrey (1996). “Somalia and the Future of Humanitarian Intervention.” Foreign Affairs, March/April 75(2):70–95. Clarke, the former deputy chief of mission at the U.S. Embassy in Somalia during Operation Restore Hope, and Herbst, a professor at the Woodrow Wilson School, Princeton University, argue that while the intervention in Somalia was not an absolute failure (as an estimated one hundred thousand lives were saved), peacekeepers elsewhere should heed the lessons learned from the mismanagement of the Somalia intervention. The main lesson, they state, is that no large intervention—military or humanitarian—can remain neutral or brief in a conflict-ridden failed state. Concomitantly, they assert that what is critically needed is a commitment to nation-building in which the state of anarchy is quelled and a self-sustaining, peaceful governing body is created. 1411. Coady, C. A. J. (2002). The Armed Ethics of Humanitarian Intervention. Washington, D.C.: United States Institute of Peace. 45 pp. Coady, an Australian Research Council Senior Research Fellow, addresses the following issues/topics herein: Definitions and Cautions (The Meaning of “Intervention”; The Meaning of “Humanitarian”; The Nature of Ethics; Realist Caution; Humanitarian Violence: A Paradox?); The Just War Tradition and Defense Against Aggression (The Just War Tradition; Grounding the Paradigm; Challenging the Paradigm: The Case for Intervention; The Sovereignty Debate and The Theory of Aggression); Just War and Humanitarian Intervention: The Burden to Be Met (Just Cause; Right Authority: Who Is to Intervene?; Proportionality and Its Ambiguities; Last Resort: Exploring the Alternatives; The Prospects for Success); and Facing the Future (Moral Legitimacy, the United Nations, and International Collaboration; Arrangements for Peacekeeping and Peacemaking; The Need for a UN Intervention Force; Holistic Solutions; Cooperative Multilateral Action; and Avoidance of Demonization). 1412. Cohen, Roberta, and Deng, Francis M. (1998). Masses in Flight: The Global Crisis of Internal Displacement. Washington, D.C.: Brookings Institution Press. 414 pp. This study by Cohen, a guest scholar at the Brookings Institution and co-director of its Project on Internal Displacement, and Deng, a senior
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fellow in the foreign policy studies program at the Brookings Institution and Representative of the UN Secretary-General on Internally Displaced Persons, argues for a more interventionist, international role to protect and assist internally displaced persons, and discusses legal and institutional mechanisms of response. The book is comprised of the following seven chapters (select subtopics are also noted here): 1. “Introduction”; 2. “Global Overview” (Framing a Definition; Causes of Internal Displacement; Why Internally Displaced Persons Do Not Become Refugees; When Does Displacement End?; Regional Dynamics); 3. “Legal Framework”; 4 “Institutional Arrangements” (Gaps in the International System, Options for Institutional Reform, Steps to Improve the Current Situation); 5. “The Role of Nongovernmental Organizations” (Improving NGO Practices, Protection and Human Rights Concerns, and Promoting Durable Solutions); 6. “Regional Responses” (Africa: Grappling with Sovereignty; Europe: Preventive Diplomacy; Asia: Organizational Vacuum); and 7. “Strategies and Recommendations” (Preventive Strategies, Protection Integrated with Assistance, Enforcement Measures When Human Rights Abuses Are Gross, and Solutions). It also includes an appendix entitled “Proposed Guiding Principles on Internal Displacement.” 1413. Conversi, Daniele (1996). “Moral Relativism and Equidistance in British Attitudes to the War in the Former Yugoslavia,” pp. 244–281. In Thomas Cushman and Stjepan G. Mestrovic (Eds.) This Time We Knew: Western Responses to Genocide in Bosnia. New York: New York University. In this essay, Conversi, a political scientist who has taught at Cornell University, argues that a key reason as to why Great Britain was reluctant to intervene in Bosnia was a certain “Serbophilia” and moral relativism. In discussing the issue of “Serbophilia,” Conversi addresses the following issues: “The Curse of Cultural and Historical Determinism,” “An Archaeology of British Serbophilism,” “The Legacy of World War II,” and “PostYugoslav Serbophilia.” In regard to the issue of moral relativism, Conversi states the following: Moral relativism, as it emerged in Western reactions to the Bosnian War, can be best identified as an underlying current of public opinion that, even at the peak of Serbian atrocities and ethnic cleansings, was determined to view all parties in the conflict as “warring factions” engaged in a “civil war.” The basic attitude was of “equidistance,” which assured us that all the parties in the conflict were “equally to blame.” Hence, this became a war without victims and aggressors, as if the hundreds of thousands of Bosnians who were massacred as a consequence of the Serbian invasions were themselves to blame. (p. 245)
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Concluding this essay, Conversi argues that Moral relativism is not an ideology, but a practice. In relation to Bosnia, its consequences are immediately discernible. . . . It is a blueprint for genocide in an age of mass communication. . . . In order to legitimize non- intervention . . . apportioning blame to all sides becomes the most convenient device to justify non-intervention. (pp. 270, 271)
1414. Cook, Martin L. (2000). “’Immaculate War’: Constraints on Humanitarian Intervention.” Ethics and International Affairs, 14:55–65. This essay is divided into two basic sections: The Interventionist Imperative and The Force-Protection Imperative. In his conclusion, Cook states that Traditional just war thinking places high regard on the lives of innocents and requires combatants to take measures, even at risk to themselves, to protect those lives. But in an operation such as Kosovo, there is an important and potentially troubling change to that traditional calculus. As General Wesley Clark has written: The minimization of civilian casualties and damage to civilian . . . property—whether Serb or Kosovar—was very high on our priority list. Lack of discrimination between legitimate military targets and off-limits civilian areas would have undercut our efforts to . . . maintain public support. . . . NATO’s bombing campaign strove mightily to meet this requirement . . . [A] record 35 percent of [the weapons used] were smart weapons. Despite this emphasis on precision in an air campaign conducted at 15,000 feet . . . , the precision would have been higher . . . had the aircraft operated at lower altitudes (and greater risk). Further, the decision to adopt (and announce in advance) an airpower-only campaign . . . lengthened the conflict and ensured that very little would be done in Kosovo to bring the atrocities that were the cause of the campaign itself to a halt. Since small and dispersed units on the ground were the least susceptible to effective targeting given the chosen weapons platforms and tactics, unless Serbia capitulated quickly from the initial shock of the air campaign, NATO had implicitly embarked on a war of attrition of Serbian infrastructure. No matter how precise the weapons employed, widespread destruction of national infrastructure is inherently an indiscriminate attack on the whole population. No matter how idealistic the motives for humanitarian interventions, if forceprotection considerations restrict the means to the point where the operation is unlikely to halt the atrocities in question and will have the foreseeable effect of widespread consequences for other innocent civilians, the moral equation at the basis of the intervention [must be reassessed]. Even humanitarian operations that involve the possibility of [the] use of force are subject to one of the crucial tests of just war: reasonable hope of success (italics added). (pp. 64–65)
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(Note: Cook’s essay also appears in Anthony F. Lang Jr.’s (Ed.) Just Intervention. Washington, D.C.: Georgetown University Press, 2003.) 1415. Cortright, David (Ed.) (1997). The Price of Peace: Incentives and International Conflict. Lanham, MD: Rowman & Littlefield. 347 pp. A “spin-off” of The Carnegie Commission on Preventing Deadly Conflict, the contributors to this book examine the potential use of “incentives” to reduce tensions and prevent the escalation of conflicts. A key point made herein is that very little attention has been given to either the theoretical or policy-oriented research regarding the use of incentives—especially in comparison to the plethora of literature on the use of deterrence, coercion, and sanctions. The book includes nine case studies—four of which address regional conflict resolution and the efforts of two multilateral organizations. 1416. Cotton, James (2001). “Against the Grain: The East Timor Intervention.” Survival: The IISS Quarterly, Spring, 43(1):127–142. In this thought-provoking essay, Cotton, a professor in the School of Politics at the Australian Defence Force Academy, University of New South Wales, argues that the 1999 intervention in East Timor was an anomaly in the region, and for that reason such intervention is not an indication of a change of principle regarding the “sanctity” of non-interference in the region. In this introduction Cotton states the following: The principle of non-interference is an integral part of the “Asian Way.” Countries of the region have doggedly opposed any suggestion that state sovereignty should be softened by a new doctrine of “humanitarian intervention.” The participation of some countries in the 1999 intervention in East Timor—an action sanctioned by the United Nations for specifically humanitarian purposes—was thus out of character. But this departure, far from reflecting a re-evaluation of doctrine was a consequence of specific historical and political factors, most important of these was the fact that the UN had never accepted the Indonesian incorporation of the territory as legitimate. Once the United States adopted a more critical attitude, after Australia pressured Indonesia to test local opinion on East Timor’s future, the internationalization of the issue became inevitable. In the aftermath of the post-ballot militia violence, Indonesia’s uncertain transitional leadership could not resist calls for an intervention by peacekeepers. There are certainly lessons in the East Timor case for coalition operations and other interventions. But the actions of the Australia-led coalition do not indicate a wider regional acceptance of the norm of humanitarian intervention. (p. 127)
1417. Cronin, Bruce (1998). “Changing Norms of Sovereignty and Multilateral Intervention,” pp. 159–180. In Joseph Lepgold and Thomas G. Weiss (Eds.)
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Collective Conflict Management and Changing World Politics. Albany: State University of New York Press. Cronin, an assistant professor of international relations at the University of Wisconsin, Madison, notes that this chapter attempts to recast the collective security debate more broadly by demonstrating that international obligations are historically contingent—there can be no one-size-fits-all model. Collective security regimes are built around a “consensus agenda” for international society. Through this agenda, member states make commitments to specific populations or political communities within states, and over time these commitments form the basis for obligations toward these communities. The commitments reflect a general consensus concerning where sovereignty ultimately resides, for example, within an ethnic or cultural community; among the citizens living within a territorially-bound political unit; within the political institutions of an internationally-recognized state; or within a community of religious faithful. This determines who has the legitimate “title” to the state, and in the broader sense, defines what constitutes a “legitimate” state. In other words, the norms of the international system are derived from the identities of participating states. (p. 160)
Among the specific issues/concerns he discusses are: the conception of sovereignty in the creation of collective security regimes, sovereign authority as an international issue, a new legitimate principle and the future of collective security, and the definition of a legitimate state. 1418. Cushman, Thomas, and Mestrovic, Stjepan (Eds.) (1996). This Time We Knew: Western Responses to Genocide in Bosnia. New York: New York University Press. 412 pp. The authors of the essays in this collection examine the reasons/rationales for early and on-going Western inaction and nonintervention vis-à-vis the genocide that was perpetrated in Bosnia in the mid-1990s. In doing so, various authors address what they refer to as “the politics of indifference,” “moral relativism, and “willful cynicism.” In their introduction, Cushman, an associate professor of sociology at Wellesley, and Mestrovic, professor of sociology at Texas A & M, make the following observations/arguments: In the summer of 1995, Bosnian Serb attacks on UN safe areas of Srebrenica and Zepa proceeded. . . . [T]housands of Muslims were driven from their homes or executed and buried in mass graves. . . . [N]o Western power intervened to stop the massacres. In the aftermath of the slaughter, however . . . , the Western powers . . . made an apparent commitment to mobilize military power to protect other safe areas and to bring the Bosnian Serb leaders to the peace table. NATO air strikes commenced against the Bosnian Serbs . . . [ . . . T]he very fact that [the intervention was carried out] was remarkable,
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for the response of the West to the crisis in the Balkans prior to the air strikes had been weak, indecisive, and ineffective. One could even make the case that the nature of the Western response actually abetted genocide and other crimes against humanity by allowing the perpetrators to proceed with a guarantee that they would not be punished. . . . The NATO objective of stopping the interminable siege of Sarajevo was apparently achieved. Yet at the same time hundreds and perhaps thousands more Muslims from northern Bosnia, from the area near the city of Banja Luka, were ethnically cleansed, some expelled to other parts of Bosnia, others summarily executed and thrown into mass graves. . . . [In studies thus far,] one important area that has been neglected . . . is the self-critical, reflective study of the role of the West in interpreting and responding to the war. [Thus, herein, we provide a] detailed sociological, political, and historical analysis of Western responses to the war. In particular, we focus on the response of Western elites—academics, public intellectuals, journalists, and policy makers—to the war. While many authors have made discussions of the Western response to the Balkans central in their historical examinations of the area, we offer an extended analysis from a variety of perspectives. In this respect, the present volume includes many essays by intellectuals who have brought to the interpretation of the issues at hand perspectives that are not necessarily present in the dominant Western discourse on the events in the Balkans over the last five years. (pp. 1, 2, 3)
The chapters in This Time We Knew: Responses to Genocide in Bosnia that are annotated separately in this bibliography are: “Bosnia: The Lessons of History?” by Brendan Simms; “Israel and the War in Bosnia” by Daniel Kofman; “The Politics of Indifference at the United Nations and Genocide in Rwanda and Bosnia” by Michael N. Barnett; “The West Side Story of the Collapse of Yugoslavia and the Wars in Slovenia, Croatia, and Bosnia-Herzegovina” by Slaven Letica; “Serbia’s War Lobby: Diaspora Groups and Western Elites” by Brad K. Blitz; “Moral Relativism and Equidistance in British Attitudes to the War in the Former Yugoslavia” by Daniele Conversi; “The Former Yugoslavia, the End of the Nuremberg Era, and the New Barbarism” by James J. Sadkovich; “War and Ethnic Identity in Eastern Europe: Does the Post-Yugoslav Crisis Portend Wider Chaos?” by Liah Greenfeld; “and The Anti-Genocide Movement on American College Campuses: A Growing Response to the Balkan War” by Sheri Fink. The book concludes with three appendices: 1. “A Definition of Genocide”; 2. “Text of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide”; and 3. “Indictments by the International Criminal Tribunal for the Former Yugoslavia.” 1419. Daalder, Ivo H. (2000). Getting to Dayton: The Making of America’s Bosnia Policy. Washington, D.C.: Brookings Institution. 158 pp.
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In his introduction, Daalder, a senior fellow in foreign policy studies at the Brookings Institution, writes: Chapter 1 sets the stage for the shift in U.S. policy by recounting how Western policy toward Bosnia had evolved until 1995, including Europe’s lead in the initial Western response and the Clinton administration’s early promises to become more engaged in Bosnia than the Bush administration. Chapter 2 reviews how the contradictions in U.S. and western policy toward Bosnia became too evident to be ignored and how the pressure for change became irresistible. This chapter focuses on the failure of the UN mission after repeated attacks by the Bosnian Serbs on UN-declared safe areas; the absence of a credible NATO response; the prospect of deploying U.S. and other NATO resources to assist the UN in withdrawing its forces to more tenable positions (if not depart from Bosnia completely); and the U.S. and NATO response to the Bosnian Serb takeover of the eastern enclaves—including the unspeakable horrors in and around Srebrenica. Chapter 3 turns to the policy review conducted in the middle of 1995, primarily by the National Security Council (NSC) staff, and the development of the “endgame strategy,” the strategy paper that would form the basis of U.S. policy from August 1995 onward. Chapter 4 examines how we got to the peace agreement ending Europe’s most bloody war since World War II that was negotiated during twenty-one tiring and trying days at a U.S. air force base in Dayton, Ohio. . . . [T]he focus here is on the key decisions—made in Washington—that would have a profound impact on the implementation of the peace agreement. The final chapter . . . draws lessons for U.S. foreign policy. A detailed examination of how America’s Bosnia policy was made yields important lessons for those making and analyzing policy alike—including the critical role of the national security adviser and his staff in molding the decisionmaking process, if not implementation. The ultimate success of the policy shift on Bosnia that resulted from this process also has important implications for U.S. policy toward Bosnia, the use of force, and Europe more broadly. (p. 4)
The book is comprised of the following sections: Chronology; Introduction; chapter One: “’The Problem from Hell’”; chapter Two: “From Containment to Engagement”; chapter Three: “The Endgame Strategy”; chapter Four: “The Road to Dayton”; and chapter Five: “Conclusions and Implications.” 1420. Daalder, Ivo, and O’Hanlon, Michael E. (2000).Winning Ugly: NATO’s War to Save Kosovo. Washington, D.C.: Brookings Institution Press. 343 pp. The authors, both of whom are Senior Fellows in Foreign Policy Studies at the Brookings Institution, analyze the causes, conduct and consequences of the United States and NATO’s actions in the Kosovo war. Based on interviews with many of the key participants, the authors conclude that notwithstanding significant diplomatic errors before the conflict, it would have been difficult—though not impossible—to have avoided the Kosovo
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war. Still, they argue that while the cause to save Kosovo was worthy, the strategy that NATO used was “deeply flawed.” Among the flaws, according to the authors, include the following: the propensity to issue threats but a lack of will to carry them out; opting for political expediency over military effectiveness; a theory of “coercive diplomacy” (whose main instrument was air power); and a lack of a back-up plan in case the initial one did not prove effective. Significantly, for more than four weeks, the Serbs drove 1.5 million Albanians from their homes and more than eight hundred thousand from the country, thus radically altering Kosovo’s ethnic make-up. The authors suggest that the Kosovo crisis is a cautionary tale for those who believe force can be used easily and in limited increments to halt genocide, mass killing, and the forceful expulsion of entire populations. In their last chapter the authors discuss the key lessons learned, including but not limited to: “When force is used, military means must relate to political ends”; “Air power alone usually cannot stop the killing in civil wars”; and “Interventions should occur as early as possible.” Ultimately, the book leaves the reader with as many questions as answers. Among them are: What were the moral and legal ramifications of bombing civilian sites and killing civilians when alternative military measures were available that would’ve likely limited such tragedies? and In light of the fact that the number of Kosovar Albanians killed by Milosevic’s troops “was far less than those of about two dozen civil wars around the globe in the 1990s, whose to decide—and what criteria will be used to determine—which humanitarian disasters will be addressed, and which ignored?” 1421. Dallaire, Roméo with Major Brent Beardsley (2005). Shake Hands With the Devil: The Failure of Humanity in Rwanda. New York: Carroll & Graf Publishers. 562 pp. This is an extraordinarily powerful and informative first-person account by the two men who headed up the UN Assistance Mission to Rwanda, 1993–1994. Try as they might to apply pressure on the United Nations to change the mandate of the mission (from peacekeeping to peace enforcement) and to supply them with more well-trained and well-equipped personnel, their efforts came to naught and thus they were forced to watch as the 1994 Rwandan genocide unfolded before their eyes. This is a searingly honest portrayal of the actions, decisions, and lack of decisions by the major parties involved, in one way or another, during the unfolding of the genocide. Dallaire and Beardsley do not spare anyone–including themselves, the UN, the United States, the French, the Belgians, let alone the Hutu government and its regular forces and militia or the forces
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of the Tutsis–in relating the horror that took place during the course of 100 days in April, May, and June of 1994 as some eight hundred thousand people were slaughtered in what has become known as “the machete genocide.” 1422. Damrosch, Lori Fisler (1993). “Changing Conceptions of Intervention in International Law,” pp. 91–114. In Laura W. Reed and Carl Kaysen (Eds.) Emerging Norms of Justified Intervention: A Collections of Essays from a Project of the American Academy of Arts and Sciences.. This insightful essay by Damrosch, professor Law at Columbia University in New York City, is divided into three parts. In part one, she explores the evolution of the norm of nonintervention “in terms of the values it implicates, its origin and application in customary law, and the treaties and other written instruments that give expression to it” (p. 92). In part two, she examines three issues regarding the legitimacy of unilateral state action: humanitarian intervention, pro-democratic intervention, and premature recognition of secessionist states. In part three, she focuses on the shift from unilateral to collective action and, in doing so, discusses how the series of post-cold war “internal” crises have created new challenges “for the texts and doctrines inherited from prior generations” (p. 92). Throughout, Damrosch focuses attention on the question, “In what direction should international law and international institutions be evolving?” (p. 92). The introduction, alone, is worth reading for therein Damrosch makes useful distinctions regarding the interpretation and use of the term “intervention” by various parties. 1423. Damrosch, Lori Fisler (Ed.) (1993). Enforcing Restraint: Collective Intervention in Internal Conflicts. New York: Council on Foreign Relations Press. 403 pp. Enforcing Restraint presents an examination of the role of the international community in resolving internal conflict where it threatens international stability. More specifically, eight authorities on international relations and international law examine critical internal crises (Yugoslavia, Iraq, Haiti, Liberia, Somalia, and Cambodia) that provoked collective responses. The authors address the role of the United Nations and regional or other subglobal organizations, the impact of sanctions on domestic populations, and the relevance of international law to the control of violence within borders. Among the chapters germane to the intervention and prevention of genocide are: chapter 1. “International Involvement in the Yugoslavia Conflict” by James B. Steinberg; chapter 6. “The United Nations in Cambodia: A Model
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for Resolution of International Conflicts” by Steven R. Ratner; chapter 7. “The Civilian Impact of Economic Sanctions” by Lori Fisler Damrosch; and chapter 8. “A Paradigm of Legitimate Intervention” by Tom J. Farer. 1424. Daniel, Donald, C.F., and Hayes, Bradd (1997). “Securing Observance of UN Mandates Through the Employment of Military Force,” pp. 105–125. In Michael Pugh (Ed.) The UN, Peace and Force. London: Frank Cass Publishers. The authors (director and assistant director, respectively, of the Strategic Research Department, Center for Naval Warfare Studies, U.S. Naval War College) discuss the complexities of post-1987 UN military operations and the conceptual confusion they resulted in; the distinctions between peacekeeping, inducement, and enforcement; and ways in which the UN has begun to address some of the many problems plaguing military operations. They conclude by providing a series of recommendations for additional changes and reforms. They note that a key UN reform instituted in the 1990s was a programme for more regular consultations on peacekeeping between Secretariat officials, the Security Council, troop contributing nations, and other member states, who themselves have formed a Special Committee on the subject. The set of recommendations made by the authors are as follows: • “The U.N. Security Council must take full responsibility for mandates— both contracted-out missions as well as medium to large U.N. controlled missions” (p. 118); • The U.N. Security Council “must ensure that resources are promptly made available to implement mandates” (p. 118); and • “The Secretary-General should be taken out of the enforcement business and the Security Council should take direct control instead and work through its own designated executive agent” (p. 119). 1425. Daniel, Donald C. F.; Hayes, Bradd C.; and de Jonge Oudratt, Chantal (1999). Coercive Inducement and the Containment of International Crises. Washington, D.C.: United States Institute of Peace Press. 272 pp. In this thought-provoking book, the authors argue in favor of the concept of “coercive inducement” (a phrase coined by Kofi Annan in 1996 when he was in charge of UN Peacekeeping Operations) as an approach to humanitarian intervention that is different in nature from both military enforcement and traditional peacekeeping. More specifically “coercive inducement” constitutes a readiness to selectively use violence in order to “encourage” particular groups from violating terms set by a peace agreement. Significantly, and this is where it differs from enforcement, coercive
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inducement is implemented where there has been consensual agreement vis-à-vis a treaty. The authors assert that the lack of use of such a “middle ground” or “third option”—that is, a situation between traditional peacekeeping and enforcement—has, in the late 1990s, resulted in some resounding failures in UNsponsored humanitarian interventions. This book is basically comprised of four parts: (1) an explication of and rationale for the use of coercive inducement; (2) case studies of Bosnia, Somalia, Rwanda and Haiti; (3) a discussion of operational guidelines for the implementation of coercive inducement; and (4) a normative analysis of “when and to what degree the international community should commit itself to undertake coercive inducement.” 1426. Danish Institute of International Affairs (1999). Humanitarian Intervention: Legal and Political Aspects. Copenhagen: Author. n. p. This work discusses both legal and political aspects of humanitarian intervention. In doing so, it examines four legal-political strategies, which span the spectrum from following the status quo to the codification of a doctrine of humanitarian intervention. 1427. Darbishire, Helen (2002). “Non-Governmental Perspectives: Media Freedom versus Information Intervention,” pp. 329–364. In Monroe E. Price and Mark Thompson (Eds.) Foreign Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In this chapter, Darbishire, a human rights activist and researcher specializing in the field of freedom of expression and information, “examines the approaches of NGOs to intervention in the media environment in situations of actual or potential conflict and the role NGOs play in the development of policies concerning ‘information intervention’” (p. 329). The chapter is comprised of the following sections: Introduction (The Bombing of Radio Television Serbia: Promise Broken, Precedent Set; Who and What are the Media Freedom NGOs?; A New Breed: The Activist-Donor NGOs); Democratic Debate and Conflict Prevention (The Information Intervention of Choice: Internal Alternatives; Crossing Bridges: Media and Conflict Prevention; Media Assistance as Humanitarian Aid); Before the Rain: Democratization versus Stability In Macedonia (The Consequences of Failure); Policy Questions: Bombing and Jamming (A New NGO Policy on Bombing); Media in Erupting Conflict and Hate Speech (Hate Speech Laws: Use and Abuse; From Defending the Indefensible to Prosecuting Journalists); Post-Conflict: Lessons on Regulation from Bosnia and Kosovo
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(Relearning the Lessons from Bosnia; Accepting the Need for Media Regulation; Developing and Implementing Mandates: The Professional Approach); and Conclusions: Resolving Policy Disputes. 1428. Dedring, Jüergen (1998). “The Security Council in Preventive Action,” pp. 45–65. In Peter Wallensteen (Ed.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. In this essay, Dedring discusses the provisions of the UN Charter regarding the prevention and removal of threats to the peace, the UN Security Council’s reaction to Secretary-General Perez de Cuellar’s report on ways to improve the UN’s ability to react in an expeditious manner to the outbreak or escalation of internal crises, the focus of the 1992 Agenda for Peace issued by the UN, preventive deployment in Yugoslav Macedonia in 1992, and efforts at prevention in the early 1990 crisis in Burundi that threatened to explode into genocide. He concludes with a short discussion of lessons learned and insights gleaned. 1429. Deibel, Terry L. (1993). “Internal Affairs and International Relations in the Post-Cold War World.” The Washington Quarterly, Summer, 16(3):13–33. In his introduction, Deibel, professor of national strategy at The National War College in Washington D.C., observes and then asserts the following: The world has been transformed before our eyes, the problems with which we are confronted are of a far more fundamental nature than any we have had to deal with for decades and the old routines of thought, the old conventions, or habits of mind, risk becoming more obstacles than aids to understanding. Nowhere is this more true than with regard to a convention that has been at the very heart of our thinking about international relations, that is in fact central to the system of nation-states on which our international order has been based. This convention has two parts. Its first tenet is that a dividing line exists between a government’s international behavior, on the one hand, and what it does within its own borders, on the other hand. Its second is that the actions a government takes within its borders are off limits to the concern of other states and of the international community, and that there is, and ought to be, an outright prohibition on interference by outsiders in the internal affairs of sovereign states. . . . Before [any] public policy questions can be addressed, it is necessary to discuss the external/internal affairs convention itself: what it is, why we have it, and its historic utility. Then we need to examine the challenges to it in the post-cold war environment and to explore why in many ways it is no longer an accurate reflection of reality. Finally, we must face up to an important choice that will affect American foreign affairs strategy during the post-cold war era in profound ways, the choice as to whether the United States should
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respect and attempt to preserve the convention, seek to weaken and modify it substantially, or try to overturn it completely. (pp. 13–14)
1430. deLisle, Jacques (2001). “Legality, Morality, and the Good Samaritan.” Special issue (“The Can’t and Can’ts of Humanitarian Intervention”) of Orbis: A Journal of World Affairs, Fall, 45(4):535–556. In his introduction, deLisle, professor of Law at the University of Pennsylvania, writes In an era when political leaders and policy advocates increasingly invoke humanitarian reasons to intervene around the world, the legality and underlying normative theory of humanitarian intervention spark heated disputes. On every major question, disagreement abounds among practitioners and commentators alike. Is humanitarian intervention ever permissible under international law? If so, within what range of factual circumstances or procedural conditions? Is it ever morally justifiable or ever obligatory? If so, do the applicable theories of politics or human rights point to relatively expansive or restrictive views of the propriety of intervention? This essay reviews the disparate answers to these questions that come from several, mostly positivist, arguments about the legality of humanitarian intervention and various consequentialist and rights-based analyses of the morality of intervention. An alternative model is derived from the American law and jurisprudence of the Good Samaritan. This Good-Samaritan-based paradigm can provide the connections between legal and normative questions and a degree of constraint and determinacy that are lacking amid the current welter of divergent and competing claims. (p. 535)
1431. Deng, Francis (Ed.) (1996). Sovereignty as Responsibility: Conflict Management in Africa. Washington, D.C.: Brookings Institution. 265 pp. The collective authors represented in this book address the question as to whether the international community should continue to abide by the longtime principle of nonintervention in the internal affairs of sovereign states, provided that their domestic politics do not constitute a “threat to international peace.” All argue that it should not, but rather that sovereignty should be viewed as “conditional, for inherent in the concept of sovereignty is that of the responsibility to honor a social contract in which the legitimacy of leaders is based on their actions to ensure that their citizens’ basic human rights are guaranteed. Furthermore, they argue that when those states, for whatever the reason(s), fail to honor and protect such rights then they have no choice but to accept the right of other nations or international organizations to intervene in order to assist the endangered populations and bring the conflict to a peaceful resolution. As the title suggests, the authors focus specifically on the issue of “conflict management” in Africa. In doing so, they delineate a set of arguments and concepts to illustrate how states can prevent and resolve conflict that call into question their legitimacy, as well
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as what international and regional organizations can do to help establish norms of responsibility within such states. 1432. Desch, Michael C. (2001). “Liberals, Neocons, and Realcons.” Special section (“The Can’t and Can’ts of Humanitarian Intervention”) of Orbis: A Journal of World Affairs, Fall, 45(4):519–533. In this essay, Desch, a professor in the Patterson School of Diplomacy and International Commerce at the University of Kentucky, posits the following questions and then comments on the focus of his essay: How should we understand the politics of humanitarian intervention? Do American leaders decide where and when to use military force to prevent or stop humanitarian crises on a case-by-case basis from ad hoc motivations, or do overarching ideological predispositions determine when they act or abstain? While there is no doubt that domestic politics and particular circumstances affect when and how the United States engages in humanitarian intervention, a larger ideological backdrop plays a greater role. This essay explores the two major ideological poles in past and future debates about humanitarian intervention: liberalism and conservative realism. (p. 515)
The essay is comprised of the following sections: The Intellectual Foundations of Humanitarian Interventionism, The Old Politics of Humanitarianism Under Clinton, The New Politics of Humanitarian Intervention Under Bush, and Where Does the Public Stand? 1433. Destexhe, Alain (2000). “Neutrality or Impartiality,” pp. 101–117. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Destexhe, the secretary general of Médecins Sans Frontières, notes and then asserts the following: The construction of a new world order and the evolution of the United Nations after World War II have been guided by the principle: Never again! The Nazis’ unprecedented crimes became a benchmark for an international community founded on certain basic values: opposition to genocide, the search for world peace, and respect for human rights. However, over the years, that determination has been replaced by pragmatism. The United Nations, rendered powerless as a result of superpower hostility, found its role restricted to the provision of development aid. The end of the Cold War raised again the idea of an international community based on shared values, administered by international institutions, and defended by democratic countries. In the face of an increasing number of crises, the UN is now called upon regularly to encourage negotiation, to interpose itself, and to assist people at risk. However, the window of opportunity that seemed to be opening with the end of the Cold War is rapidly closing, and the idea that the UN could be the guarantor of world peace is far
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from being realized. The honeymoon period and the dreams of “a new world order” seem to be over. The major powers have made it clear that they will neither sanction the UN to be the world’s police force nor take on the role themselves, not even the United States. Fifty years after the creation of the UN and five years after the end of the Cold War, the international community showed its true colors: in Rwanda, it failed to react to the first indisputable genocide since that perpetrated against the Jews; in former Yugoslavia, it failed to react to the return of war and “ethnic cleansing” at the heart of Europe. Under the pretense of neutrality, its only response was humanitarian aid. (p. 101)
The chapter is comprised of the following sections: The Shortcomings of the “New Humanitarianism”; A Brief History of Neutrality; Bosnia: The “Placebo” Effect; From “Total War” to “Total Humanitarianism”; Rwanda: From Indifference to Compassion; The Limits of Humanitarian Action; and Alternative Reactions (Diagnosis, Impartiality, and Justice). 1434. Destexhe, Alain (1995). Rwanda and Genocide in the Twentieth Century. Washington Square, New York: University Press. 92 pp. Destexhe provides a powerful discussion of the international community’s failure to prevent the 1994 genocide in Rwanda. The five chapters that comprise this book are: 1. “The Unlearned Lessons of History”; 2. “Three Genocides in the Twentieth Century”; 3. “The Hutu and Tutsi”; 4. “From Indifference to Compassion”; and 5. “Justice Must be Done.” In chapter 3 (“From Indifference to Compassion”), Destexhe asserts, correctly, that “Throughout the Rwandan crisis the United Nations, and the principal countries concerned, reacted too late and inconsistently” (p. 48). The chapter is comprised of the following sections: The Shadow of Somalia; French Intervention: Atonement for the Past?; and The Limits of Humanitarian Action. 1435. de Waal, Alex (2000). Who Fights? Who Cares? War and Humanitarian Action in Africa. Trenton, NJ: Africa World Press, Inc. 243 pp. The essays in this volume were initially prepared for a conference on “humanitarian and political challenges in Africa” that was held in Kigali, Rwanda, in October 1999. The conference was convened by InterAfrica Group and Justice Africa and hosted by the Pan African movement. The essays herein are unsigned. They are reportedly based on a wide range of contributions—both written and verbal. Among the diverse set of issues addressed are: “Why does war persist in Africa—is the continent caught
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in a ‘war trap’ whereby conflict is generating more conflict?”; “What are the causes, implications and solutions for genocide, especially in the Great Lakes?”; “What structures for regional peace and security are required for an effective international security order in Africa?”; “What is the future of humanitarian intervention in Africa—and in particular, do African forces now require a specifically African doctrine for intervention?”; “Certain forms of democratic political process can help prevent famine—how can these be made a reality in Africa?”; “What institutions can be effective in preventing and relieving humanitarian crises?”; “What is the role for international humanitarian law?”; and “What mechanisms for humanitarian accountability can be developed?” The eight chapters that comprise this book are: 1. “The Persistence of War in Africa”; 2. “Genocide and Its Implications”; 3. “Structures for Regional Peace and Security”; 4. “Interventions and Sanctions”; 5. “Democratic Political Process and the Fight Against Famine”; 6. “Humanitarian Capacities and Institutions”; 7. “International Humanitarian Law”; and 8. “Humanitarian Accountability.” 1436. Dickens, David (2002). “Can East Timor Be a Blueprint for Burden Sharing?” The Washington Quarterly, Summer, 25(3):29–40. Dickens, the director of the Centre for Strategic Studies at Victoria University of Wellington in New Zealand, suggests that the international intervention in East Timor in 1999, which was led by Australia, could possibly serve as a model for how other nations could take the lead in intervening in humanitarian crises in their region of the world. The article is comprised of the following sections: “Why Did the East Timor Model Work?”; “Identifying Leadership Candidates”; “How would Others Measure Up?”; and “Policy Implications for Washington [D.C.].” 1437. Dickens, David (2001). “The United Nations in East Timor: Intervention at the Military Operational Level.” Contemporary Southeast Asia: A Journal of International and Strategic Affairs, August, 23(2):213–232. This piece is a study of the humanitarian intervention in East Timor by the International Force East Timor (INTERFET) operation led by Australia on behalf of the international community. The article focuses on the first month of the intervention and deals with the practical considerations that confronted senior military commanders as they implemented INTERFET’s United Nations Security Council mandate at the operational level. INTERFET sought to shape events in East Timor through the deterrence of certain Indonesian force elements while at the same time developing effective cooperation with senior Indonesian military officers.
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Dickens provides information on all of the following: the background to the intervention, INTERFET planning assumptions, the focus of the mission, the rules of engagement, the issue of deterrence, and cooperation among various parties. 1438. DiPrizio, Robert (2002). Armed Humanitarians: U.S. Interventions from Northern Iraq to Kosovo. Baltimore, MD: The Johns Hopkins University Press. 234 pp. DiPrizio, assistant professor of international security and military studies at the Air Command and Staff College, Air University, at Maxwell Air Force Base in Montgomery, Alabama, examines the factors that were integral to U.S. decisions to send troops into civil conflicts abroad in the 1990s, analyzing both the decision-making process and the domestic and international constraints placed upon them. Through six cases studies, he examines both positive and negative intervention decisions. The book is comprised of the following chapters: 1. Introduction; 2. Northern Iraq: Operation Provide Comfort; 3. Somalia: Operation Restore Hope, 4. Rwanda: Operation Support Hope; 5. Haiti: Operation Restore Democracy; 6. Bosnia: Operation Deliberate Force; 7. Kosovo: Operation Allied Force; and 8. Conclusion. 1439. Dominguez, Jorge; Rodley, Nigel S.; Wood, Bryce; and Falk, Richard, A. (1979). Enhancing Global Human Rights. New York: McGraw-Hill. 270 pp. In the last section of this book, “Responding to Severe Violations,” Falk discusses the inhibitions against humanitarian intervention, and the potential for overcoming such inhibitions. 1440. Donnelly, Jack (1995). “The Past, the Present, and the Future Prospects,” pp. 48–71. In Milton J. Esman and Shibley Telhami (Eds.) International Organizations and Ethnic Conflict. Ithaca, NY: Cornell University Press. Donnelly, professor of Political Science at the University of Denver, addresses issues regarding the evolving role of international organizations in ethnic conflict, the relative power such organizations have in comparison to the individual power of member states in the United Nations, the changing norms of international organizations, and how local actors involved in ethnic conflict view international organizations. The chapter is comprised of the following sections: A Typology of IO Involvement; The United Nations and Human Rights During the Cold War; Decolonization, Peace-Keeping, and Humanitarian Assistance; and IOs and Ethnic Conflict After the Cold War.
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1441. Doyle, Michael W. (1999). “War and Peace in Cambodia,” pp. 181–217. In Barbara F. Walter and Jack Snyder (Eds.) Civil Wars, Insecurity, and Intervention. New York: Columbia University Press. Twenty years after the 1975–1979 Khmer Rouge perpetrated genocide in Kampuchea (Cambodia), conflict still reigned supreme in Cambodia. In this chapter, Doyle discusses the focus of the on-going conflict, the parties involved, and the attempts to bring the conflict to a peaceful solution In his introduction, Doyle states that As I shall illustrate, the Cambodian civil war was partially settled. Second, even more strikingly, the ideological Cambodian factions continued to harbor offensive intentions, not unlike the preemptive incentives of ethnic wars, and these were largely responsible for the warlike tension that continued into the resulting peace—as well as the coup that occurred in July 1997. Victory in a civil war/peace is a very profitable outcome. It is often one of winner take all, offering security of bureaucratic place and substantial and assured private income. Third, even though no external supranational enforcement guaranteed the interim security of the parties, peace was made and held between the two predominant factions (the Khmer Rouge latter abandoned the peace). Fourth, the UN did succeed in bringing a partial peace to Cambodia, but only by innovating and (in one important instance) by exercising force. The negotiation of the Paris Peace Agreement of 1991 and consequent construction of the United Nations Transitional Authority (UNTAC) under Chapter 6 contributed essential legal capacities to the conduct of the operation but did little to establish a framework of continuing consent or, in the end, to avoid the need for the UN to provide political entrepreneurship and exercise impartial, nonneutral enforcement. The peace became a continuation of war “by (to adapt Clausewitz) other means.” (p. 181)
1442. Doyle, Michael W. (1997). Ways of War and Peace: Realism, Liberalism and Socialism. New York: W. W. Norton. 557 pp. This is a detailed and sophisticated analysis of the realist, liberal, and socialist view of international politics. A leading theorist of the “liberal peace” school, Doyle concludes the book by exploring how each tradition’s principles could be applied to such issues as intervention. Unfortunately, the most detailed example he gives is the 1983 U.S. intervention in Grenada—and not such explosive situations as those in Rwanda, the former Yugoslavia, or East Timor, to mention but three. 1443. Dugger, Ronnie (1996). “To Prevent or to Stop Mass Murder,” pp. 59–73. In Charles B. Strozier and Michael Flynn (Eds.) Genocide, War, and Human Survival. Lanham, MD: Rowman & Littlefield Publishers. Dugger, a journalist, argues in favor of what he deems a paradigm shift to “minimalist international values” (p. 67). More specifically, he states:
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We must try something that we have never tried before. I believe that the only thing new that might become large and strong enough swiftly enough to give us some surcease from the mass violence and some advance toward an ethical system of worldwide economic governance is a worldwide breakthrough to minimalist international values. . . . For example, it is the received doctrine that U.S. (or any other state’s) “foreign policy” abroad should be guided by “the national interest,” but in minimalist humanist ethics it should also be guided by the interest and well being of people abroad. As the President of the United States has a Secretary and Department of State, he (sic) should also have what we might call a Secretary at Department Concerning the Interests and WellBeing of People Abroad. Likewise, other states” (p. 67).
Based on such a notion, Dugger goes on to discuss changes the United Nations could make (“a UN military force that could engage, not only in peacekeeping , but also in active military intervention to stop genocides and mass murder while they are happening” (p. 67), and the establishment of a United People’s Organization (which would truly represent the interests of the people of the globe versus the interests of nations) by the fifteen hundred non-governmental organizations of the world. 1444. Dunlap, Charles J. (2000). “Rethinking Noncombatancy in the Post- Kosovo Era.” The End of Innocence.”Strategic Review. Summer, 28(3): 9–17. In this provocative article, the author, a United States Air Force Colonel, suggests that while the protection of civilian property during war is an accepted norm of international law, the North Atlantic Treaty Organization’s operation in Kosovo that caused hardship on “the sentient, adult ‘noncombatants’ population” via property loss is capable of diminishing a society’s propensity toward “malevolence” (p. 9). More specifically, he asserts that “[W]hile civilians should not be targeted, a new paradigm for noncombatancy that allows the destruction of certain property currently protected by international law but not absolutely indispensable to civilian survival may well help shorten conflict and effect necessary societal change” (p. 9). 1445. Duursma, Jorri (1999). “Justifying NATO’s Use of Force in Kosovo?” Leiden Journal of International Law, 12(2):287–295. In this editorial, an editor of the Leiden Journal of International Law, discusses NATO’s use of force in Kosovo, which was taken without the authorization of the U.N. Security Council, and analyzes the legal framework and complexities of the Kosovo crisis and its repercussion vis-à-vis the concept of “justified use of force” (p. 287). Ultimately, he concludes that NATO’s actions set a dangerous precedent. 1446. Eisner, Douglas (1993). “Humanitarian Intervention in the Post-Cold War Era.” Boston University International Law Journal, 11(1):195–225.
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In this piece, Eisner, assistant district attorney, New York County District Attorney’s office, examines the evolution of the doctrine of humanitarian intervention over a roughly fifty year period (1945–1993). In doing so, he examines the following: “The Charter Regime”; State Practice (A. The Bangladesh Crisis of 1971; B. Tanzanian invasion of Uganda—1979; C. Vietnam in Cambodia—1979; D. Grenada—1983; E. Panama—1989; F. Nicaragua and the International Court of Justice); The Ascendancy of Human Rights; “Recent Developments” (A. Iraq, B. Yugoslavia, C. Somalia); The Effect of the End of the Cold War; and Prospects for the Future. 1447. Erskine, Toni (Ed.) (2004). Can Institutions Have Responsibilities? Collective Moral Agency and International Relations. New York: Palgrave Macmillan. 288 pp. Herein, Erskine examines the idea of the “institutional moral agent” in the guise of states, transnational corporations, the UN, NATO, and international society in the context of some of the most critical and debated issues and events in international relations, including the Kosovo Campaign, development aid, and 1994 genocide in Rwanda. This book is comprised, in part, of the following: “Introduction: Why the Moral Agency of Institutions Matters to International Relations” by T. Erskine; Part I: Identifying Moral Agents: States, Governments and International Society (“Assigning Responsibilities to Institutional Moral Agents: The Case of States and Quasi-states” by T. Erskine; “ Moral Responsibility and the Problem of Representing the State” by D. Runciman; “Moral Agency and International Society: Reflections on Norms, the UN, the Gulf War, and the Kosovo Campaign” by C. Brown); Part II: Obstacles and Alternative Questions (“Collective Moral Agency and the Political Process” by F. Harbour; “Constitutive Theory and Moral Accountability: Individuals, Institutions, and Dispersed Practices” by M. Frost; “When Agents Cannot Act: International Institutions as ‘Moral Patients’” by Navari); Part III: Hard Cases: Assigning Duties (“NATO and the Individual Soldier as Moral Agents with Reciprocal Duties: Imbalance in the Kosovo Campaign” by P. Cornish and F. Harbour); Part IV: Hard Cases: Apportioning Blame (“The Responsibility of Collective External Bystanders in Cases of Genocide: The French in Rwanda” by D. Kroslak; “The United Nations and the Fall of Srebrenica: Meaningful Responsibility and International Society” by A. Lang, Jr.); and Part V: Conclusions (“On ‘Good Global Governance’, Institutional Design and the Practices of Moral Agency” by N. Rengger; and “Institutions of Global Justice? Aims, Capacities and Responsibilities” by C. Barry). 1448. Esman, Milton (1997). Can Foreign Aid Moderate Ethnic Conflict? Washington, D.C.: United States Institute of Peace. 18 pp.
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Written by a leading authority on ethnic politics and development assistance who is also emeritus professor of international studies at Cornell University, this report is comprised of the following sections and topics: The Ethnic Context and Consequences of Foreign Aid (The Importance of Context and Distributional Consequences); The Principal Actors and Components of Development Assistance; The Culture and Institutions of Development Assistance; The Goals of Intervention; and Policies to Avert or Moderate Ethnic Conflict (Allocation Formulas, and The Promotion of Democratization and Human Rights and Ethnic Conditionality). Intelligently, Esman states that If development assistance agencies are to address the conflict potential of ethnic pluralism constructively, they must recognize that there are no standard formulas for managing ethnic conflict and that context conditions the effectiveness of interventions. Thus, agencies must first equip themselves with as much reliable information [as possible] about a host country’s ethnic dynamics and relations as they routinely gather information about local economic conditions. For each proposed policy or project intervention, they should prepare an “ethnic impact statement” similar to the environmental impact statements that are now required. The ethnic impact statement should detail the ethnic landscape of the host country and assess the likely effects on ethnic relations of the proposed intervention.” (p. v)
1449. Esman, Milton (1995). “A Survey of Interventions,” pp. 21–47. In Milton J. Esman and Shibley Telhami (Eds.) International Organizations and Ethnic Conflict. Ithaca, NY: Cornell University Press. This chapter provides a survey of interventions by various organizations in domestic ethnic conflicts. The sections that will likely be of most interest to those interested in the prevention and intervention of genocide are the two entitled “The Conference on Security and Cooperation in Europe” (pp. 40–43) and “Conflicting Norms, Limited Capabilities, Selective Interventions” (pp. 43–47). 1450. Esman, Milton J., and Telhami, Shibley (Eds.) (1995). International Organizations and Ethnic Conflict. Ithaca, NY: Cornell University Press. 343 pp. This volume addresses the changing nature of relations between war-torn multiethnic states and international organizations (especially as it relates to issues of intervention), and particularly the United Nations and its agencies. The contributors explore key issues/questions regarding the desirability and potential effectiveness of international interventions in ethnic conflicts. In doing so, detailed studies of two specific cases of violent conflict—including that of the former Yugoslavia—complement the general discussion and provide valuable insights into the risks of international efforts to stave off ethnic civil war.
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The chapters in Part I, III, and IV should be of greatest interest to those concerned with the prevention and intervention of genocide: Part I. The Role of International Organizations in the Post-Cold War Era (1. “A Survey of Interventions” by Milton Esman; 2. “The Past, The Present, and the Future Prospects” by Jack Donnelly; 3. “Anomie, System Reform, and Challenges to the UN System” by Raymond F. Hopkins); Part III. The Case of Yugoslavia (7. “Historical Roots of the Yugoslav Conflict” by V. P. Gagnon Jr.; 8. “Redrawing Borders in a Period of Systemic Transition” by Susan L. Woodward; and 9. “The International Community and the Yugoslav Crisis” by Steven L. Burg); and Part IV. Conclusions (“An Outline of a Comparison Between Yugoslavia and Lebanon” by Barry Preisler, and “Changing Roles” by Shibley Telhami). 1451. Evans, Gareth, and Sahnoun, Mohamed (2002). “The Responsibility to Protect.” Foreign Affairs, 81(6):99–110. In this article, Gareth (president and chief executive officer of the International Crisis Group and former foreign minister of Australia) and Sahnoun (special adviser on Africa to the UN Secretary General and a former senior Algerian diplomat) basically argue that the dichotomy between those in favor of intervention when gross human rights are being violated in a country versus those who hold sovereignty to be a sacrosanct concept needs to “be reframed not as an argument about the ‘right to intervene’ but about the ‘responsibility to protect.’ And it has to be accepted that although this responsibility is owed by all sovereign states to their own citizens in the first instance, it must be picked up by the international community if that first tier responsibility is abdicated, or if it cannot be exercised” (p. 101). The article is comprised of the following sections: Sovereignty as Responsibility; Military Intervention: Setting the Bar; Operation Just Cause; Precautionary Principles; and The Problem of Political Will. 1452. Evans, Glynee (1997). “Responding to Crises in the African Great Lakes.” Adelphi Paper 311. New York: Oxford University Press. 96 pp. This monograph, by the British ambassador to Chile and the former head of the United Nations Department at the UK foreign and commonwealth office, examines the international responses to the ethnic conflicts in Burundi and Rwanda from 1993 to 1997 as well as their overspill into Zaire (now the Democratic Republic of the Congo). Evans concludes that the international response to the various situations was both impotent and incoherent. She urges the international community to make numerous changes vis-à-vis its response mechanisms. Among these are: The UN should create a Conflict Analysis Center at its headquarters in New York; governments need to promote lateral understanding and cooperation between different players,
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including the media and the non-governmental organization community; and greater understanding is needed on the part of Western states that traditional Western patterns of diplomacy are often inappropriate in various regions of the world (for example, she suggests that non-party democracy and a strong element of subregional cooperation may be the models for the future). 1453. Falk, Richard (2000). “The Challenge of Genocide and Genocidal Politics in an Era of Globalization,” pp. 177–194. In Tim Dunne and Nicholas J. Wheeler (Eds.) Human Rights in Global Politics. New York: Cambridge University Press. Falk, professor of International Law and Practice at Princeton University, notes that he considers two clusters of interrelated contemporary developments that are responsible for the most widespread and acute human suffering in the world: genocidal politics and economic globalization. In both settings the fundamental ordering arrangements of international society and prevailing realist mentality seem unable and unwilling to protect vulnerable peoples. Human wrongs of horrifying magnitude result. Of course, the root cause of such abusive behavior is often local or national, with deep historical roots, and the responsibility of international society is primarily associated with the failure to provide an effective, mitigating response. (p. 182)
1454. Falk, Richard (2001). “’Humanitarian Wars,’ Realist Geopolitics and Genocidal Practices: ‘Saving the Kosovars’,” pp. 325–334. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimension. London and Portland, OR: Frank Cass Publishers. This essay is comprised of the following sections: Geopolitics After the Cold War, and Skepticism About Humanitarian Claims in Kosovo (The Pre-War Diplomacy, Conduct of the NATO War, and Concerns After the War). In his conclusion, Falk argues that It [is] premature . . . to reach definitive conclusions about the Kosovo experience. At the same time, certain preliminary assessments can be made on the basis of what is known. In this spirit, it does not seem responsible to regard the NATO campaign as “a humanitarian war.” The intervention did appear to terminate one instance of humanitarian catastrophe, although it seems to have given rise to a second, lesser comparable catastrophe directed at the Serbs and Roma minorities in Kosovo. To be genuinely justifiable as a humanitarian exception to the UN system governing the use of force, there needed to be a more diligent effort on the NATO side to act in good faith within the limits of international law, as well as a more convincing effort to choose war only after all reasonable diplomatic possibilities had been exhausted. Beyond this, the conduct of the war by NATO and by maintaining sanctions against Yugoslavia, the post-war diplomacy seemed punitive toward the Serbian civilian population.
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It was also incapable of fulfilling the proclaimed NATO/UN goals of securing a multiethnic Kosovo that remains within Serbia, although with a renewal of its autonomous status. [That said], a drift toward growing Serb state terror and genocide was disrupted by the intervention. No territorial or resource ambitions could be attributed to the NATO side, thereby strengthening the humanitarian claims. The Kosovar refugees “voted” impressively in favor of the humanitarian interpretation when they returned massively and voluntarily. . . . The United Nations, while never endorsing the intervention, held back from censuring the intervention, and has even appeared to ratify the outcome by agreeing to play such a pivotal role in the post-war administration of Kosovo. Further, the willingness to respond in Kosovo definitely helped build political support for a UN humanitarian peacekeeping mission undertaken immediately thereafter for the sake of the people of East Timor. . . . What seems to emerge is a complex mixed message. The prevailing ideas and the dominant actors on the global stage are not capable of humanitarian warfare if there is any perceived prospect that they might incur serious human costs in so doing. (pp. 332–333)
1455. Falk, Richard A. (2000).Human Rights Horizons: The Pursuit of Justice in a Globalizing World. New York: Routledge. 270 pp. Two chapters in this book—chapter 9 (“The Unmet Challenges of Genocide in Bosnia and Rwanda”) and chapter 10 (“The Challenge of Genocidal Politics in an Era of Globalization”)—deal exclusively with genocide. In chapter 9, Falk asserts that intervention to prevent genocide was never a genuine option for Bosnia and then discusses what he perceives as keys to meeting the challenge of genocide (including democratic empowerment, criminal accountability, and globalizing citizenship). In chapter 10, he discusses such issues as “human wrongs as a world order challenge,” genocidal politics (including the issue or realpolitik), and economic globalization. 1456. Farer, Tom (1996). “Intervention in Unnatural Humanitarian Emergencies: Lessons of the First Phase.” Human Rights Quarterly, 18(1):1–22. In this article, the author basically argues that there are three lessons vis-àvis intervention that are ripe for further thought and serious consideration: 1. that in both its peace and its humanitarian operation, the United Nations should maintain a posture of strict impartiality among political factions or states; 2. that the effort to rebuild failed states, much less to do so in the form of a broadly representative democracy, is, in Bentham’s phrase, nonsense on stilts; and 3. that, neither the United Nations nor, by implication, any other actor should ever mix coercive activities with mediation and other soft measures for building and maintaining peace” (p. 3).
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All of the above points are addressed in a good amount of detail in this essay. 1457. Farer, Tom (1993). “A Paradigm of Legitimate Intervention,” pp. 316–337. In Lori Fisler Damrosch (Ed.) Enforcing Restraint: Collective Intervention in Internal Conflicts. New York: Council on Foreign Relations Press. As the title states, in this chapter, Farer, former president of the InterAmerican Commission on Human Rights of the OAS and Professor of Law and International Relations at American University, suggests a paradigm of legitimate intervention. In doing so, he addresses, the legitimate use of force (“The Original Understanding, and the Cold War Gloss”), and the legitimate use of intervention after the Cold War (unilateral intervention, UN intervention, and regional and other subglobal institutions). 1458. Farrior, Stephanie (2002). “Hate Propaganda and International Human Rights Law,” pp. 69–103. In Monroe E. Price and Mark Thompson (Eds.) Forging Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. Farrior, Professor of Law at Pennsylvania State University’s Dickinson School of Law, argues that in her view Under international human rights law, unilateral or multilateral intervention against media engaged in inciting racial or ethnic hatred can constitute a permissible limitation on free expression and on the right to receive and impact information and ideas. Hate propaganda can create and has, in fact, created conditions that foment widespread, sometimes genocidal violence. That violence can become so deeply entrenched and reinforced by propaganda that it cannot be offset solely by “more speech” or speech advocating tolerance. Where such deeply etched speech-inspired hatred exists, the result can be the loss of thousands or millions of lives. This is the lesson that the drafters of international and regional human rights treaties drew from the Nazi regime, which led to their incorporating prohibition of hate speech into treaties whose goal it was to protect human rights. It is why human rights laws on freedom of expression often explicitly address issues of hate speech and authorize action against it. (p. 69)
The chapter is comprised of the following sections: The Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Convention on the Elimination of Racial Discrimination, European Convention on Human Rights, Inter-American Human Rights System, and The Genocide Convention. 1459. Feher, Michel (2000). Powerless by Design: The Age of the International Community. Durham, NC: Duke University Press. 167 pp.
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In this book, Feher addresses Western officials’ responses to post-cold war conflicts (including certain genocidal actions), and analyzes the reactions of the Left to their governments’ positions. In his introduction, Feher writes: [At] the launching of the air campaign against Serbia in March 1999 . . . , both the liberal and radical wings of the Western left found themselves in an uneasy position. Liberals, lured by the vocabulary of their leaders -- dialogue, the rule of law, and reconciliation—could not help feeling disturbed by the dismal results of the policies carried out in the name of the international community. Conversely, anti-imperialist militants . . . mock[ed] the hypocrisy of their governments’ helpless indignation, yet [were] not prepared to demand that Western powers resort to more forceful measures . . . . . . With the intervention of NATO in Kosovo . . . , Western leaders unexpectedly departed from . . . their time-honored doctrine. To justify their decision to confront Milosevic without a mandate from the UN, the sponsors of operation “Allied Force” declared that they were acting not as the representatives of the international community but as the guardians of democracies’ duty to prevent massive human rights violations. Among other consequences—especially for the Albanian Kosovars and later the people of East Timor—this sudden doctrinal shift enabled liberal and radical activists to find their post-cold war marks: the former welcomed the new-found resolve of their governments as the belated fulfillment of the promises raised by the end of the cold war, while the latter condemned it as the return of the imperialist new world order. A year later, [a]nti-imperialist militants were still working on a revisionist account of the Kosovo crisis that would vindicate their opposition to NATO’s intervention, whereas liberals desperately hung onto the notion that their governments were now committed to oppose massive human rights violations, even at the expense of state sovereignty. [A]t the same time, U.S. and European responses to the destruction of Chechnya by Russian troops seemed to indicate that the spring of 1999 had been less a turning point than an exceptional moment in the ongoing age of the international community. Therefore, while the following pages are almost exclusively about the 1990s, the discursive strategy that they attempt to expose may well remain with us for quite some time. (pp. xi–xiii)
1460. Fein, Helen (Ed.) (1992). Genocide Watch. New Haven, CT: Yale University Press. 204 pp. The essays contained in this volume that are most germane to the prevention and intervention of genocide are: “Recognizing Genocides and Politicides” by Barbara Harff; “Refugees: Contemporary Witnesses to Genocide” by Bill Frelick; “Establishing State Motives for Genocide: Iraq and the Kurds” by Vera Beaudin Saeedpour; “Burundi: The Politics of Ethnic Amnesia” by René Lemarchand; “Newspaper Responses to Reports of Atrocities: Burundi, Mozambique, Iraq” by Walter K. Ezell; “The American Press
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and the Ukrainian Famine” by James E. Mace; “Reflections on the Prevention of Genocide” by Leo Kuper; “Transforming the Bystanders: Altruism, Caring, and Social Responsibility” by Ervin Staub; “A Campaign to Deter Genocide: The Bahá’í Experience” by Katherine R. Bigelow; and “Establishing Criminal Responsibility and Jurisdiction for Genocide” by Vratislav Pechota. 1461. Fein, Helen (1993). “Never Again? A Ten Step Program to Stop Genocide.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:8–10. In this piece, Fein, the executive director of the Institute for the Study of Genocide), states that The following ten steps comprise aspects of a proactive policy which would use both sanctions and incentives as levers, assuming that governing elites are rational actors—intent on retaining power, respect and influence. The first nine ways could start now. Some of the following steps should apply to all cases; others need to be assessed in terms of their appropriateness for particular cases, taking account of the rules of war and U.S. commitments to international treaties and organizations. (p. 8)
The ten steps that Fein suggests (and then briefly discusses) are: 1. “Penalize perpetrators of gross violations of human rights promptly and reward states which rectify past policies of violation; 2. Tie political legitimacy to protecting human rights; 3. . . . [C]hange the political environment of the potential perpetrators; 4. Prevent escalation of conflict wherever possible; 5. Enable independent investigators, social scientists, lawyers, and mediators to evaluate human rights violations and risks and help countries seeking to change their ways; 6. Take prompt and forceful action to move the perpetrator to stop, or consider means of humanitarian intervention; 7. When we can’t stop the perpetrators, help the victims fight back if defense is possible; 8. Enable the victims of genocide, persecution and indiscriminate killing to flee by providing means of rescue and giving asylum promptly; 9. Recognize the victims publicly and shame the perpetrators of past genocides; and 10. Create an international criminal court to prosecute acts of genocide and other international crimes in order not only to prosecute offenders but to get some restitution for the victims” (pp. 8, 9, 10). 1462. Fein, Helen (1999). “Prevention of Genocide,” pp. 468–470. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. In this short piece, Fein discusses various underlying conditions of genocide, the political conditions and situations in which genocide is most likely to occur, the proximate signs of genocide, who is responsible for preventing genocide, potential means to deter genocide, and the types of intervention
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that were used in the last half of the twentieth century to end genocide. At the outset of this piece, Fein notes that “The prevention of genocide must be related to its underlying causes and a choice made as to the level of prevention and timing of response” (p. 468). 1463. Fierke, K. M. (2005). Diplomatic Interventions: Conflict and Change in a Globalizing World. New York: Palgrave Macmillan. 240 pp. Herein, Fierke, lecturer in politics at Queen’s University in Belfast, focuses on the practices of diplomacy and conflict intervention and examines a range of themes. The book is comprised of the following: “Cause or Constitution?”; “War and Diplomacy”; “Moral Interventions”; “Legal Interventions”; “Military Interventions”; “Economic Interventions”; “Cultural Interventions”; “Therapeutic Interventions” and “Critical Interventions.” 1464. Finlay, Brian, and O’Hanlon, Michael (2001). “NATO’s Underachieving Middle Powers; From Burdenshedding to Burdensharing,” pp. 145–160. In Adekeye Adebajo and Chandra Lekha Sriram (Eds.) Managing Armed Conflicts in the 21st Century. London and Portland, OR: Frank Cass Publishers. In their abstract, the authors write: “While the world decries Pax Americana, the international community is often helpless to conduct many of the military operations necessary to deter conflicts and maintain and re-establish peace without U.S. military support. NATO’s underachieving middle powers should restructure their armies to shoulder a heavier military burden in post-Cold War missions. Using Canada as a case study, this contribution demonstrates how NATO allies can potentially reconfigure their militaries to become more self-sufficient and more rapidly reactive” (p. 209). 1465. Finnemore, Martha (2003). “Military Intervention and the Organization of International Politics,” pp. 181–204. In Joseph Lepgold and Thomas G. Weiss (Eds.) Collective Conflict Management and Changing World Politics. Albany: State University of New York Press. Finnemore, assistant professor of Political Science and International Affairs at George Washington University, addresses the following herein: military intervention and the limits of realism; changes in the organizational structure of world politics (including the explosion of international governmental organizations and international nongovernmental organizations); changes in the normative structure of world politics; Cambodia and the UNTAC intervention; and Somalia and the UNOSOM intervention. 1466. Finnemore, Martha (2003). The Purpose of Intervention: Changing Beliefs About the Use of Force. Ithaca, NY: Cornell University Press. 173 pp.
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Written under the auspices of Cornell Studies in Security Affairs by Finnemore, assistant professor of Political Science and International Affairs at George Washington University, this book presents an examination of the use of military intervention for various purposes, including humanitarian crises. It is comprised of the following chapters: 1. “The Purpose of Force”; 2. “Sovereign Default and Military Intervention”; 3. “Changing Norms of Humanitarian Intervention”; 4. “Intervention and International Order”; and 5. “How Purposes Change.” 1467. Fisas, Vicenc (1995). Blue Geopolitics: The United Nations Reform and the Future of Blue Helmets. East Haven, CT and London: Pluto Press with Transnational Institute. 184 pp. Written by a disarmament researcher at the UNESCO Centre of Catalonia, the author examines ways in which the United Nations could be reformed in order to be more effective in the areas of conflict prevention, humanitarian intervention, and peacekeeping. He also examines the issue of the use of force by the United Nations, and the status of the Organization on Security and Cooperation in Europe (OSCE). For each issue he addresses, he presents a series of proposals for reform. 1468. Fisas, Vicenc (1995). “Humanitarian Intervention,” pp. 52–69. In Vicenc Fisas’ Blue Geopolitics: The United Nations Reform and the Future of the Blue Helmets. East Haven, CT and London: Pluto Press with the Transnational Institute. In addition to discussing the UN’s role in humanitarian intervention and the protection of refugees, Fisas, a researcher at UNESCO’s Centre of Catalonia and the Peace Research Centre in Madrid, puts forth the following proposals regarding humanitarian intervention: • More participation in aid by countries that have supplied weapons. • Training of civilian and military specialists for relief operations and protection of refugees. • Create a United Nations force specializing in the protection and distribution of relief supplies. • Increase UNHCR resources. • Set up sapper units available to the United Nations for mine clearance. • Transfer part of the military information and telecommunications systems to humanitarian uses. • Reconstruct damaged infrastructure so that relief can enter the country. • Set up a permanent air, land and sea transport force available to the UN. • Make national military bases and installations available for use in relief operations (p. 69).
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1469. Forbes, Ian, and Hoffman, Mark (Eds.) (1993). Political Theory, International Relations, and the Ethics of Intervention. New York: St. Martin’s Press. 193 pp. The contributors to this book hold vastly different perspectives in regard to whether intervention is ever justified; and if so, under what circumstances. The varied and competing approaches are undergirded with both historical underpinnings as well as different theoretical perspectives. 1470. Foreign Policy Research Institute (2001). Special Section (“The Can’t and Can’ts of Humanitarian Intervention”) of Orbis: A Journal of World Affairs, Fall, 45(4):495–578. This issue of Orbis contains the following essays on the issue of humanitarian intervention: “Introduction” by Alexander M. Haig; “Strategy and Preventive Diplomacy” by Adam Garfinkle; “Liberals, Neocons, and Realcons” by Michael C. Desch; “Legality, Morality, and the Good Samaritan” by Jacques deLisle; “The Price Paid by the Military” by Sam C. Sarkesian; and “Lessons from the Past Decade” by James Kurth. Each of the aforementioned essays is annotated separately in this bibliography. 1471. Franck, Thomas M., and Rodley, Nigel S. (1973). “After Bangla Desh: The Law of Humanitarian Intervention by Military Force.” American Journal of International Law, 67(1):275–305. In addition to providing a survey of humanitarian intervention issues, the authors (Franck, a member of the American Journal of International Law’s board of editors, and Rodley, research fellow, Center for International Studies, New York University) discuss the state of the law (as of 1973) regarding unilateral forceful intervention for humanitarian purposes. Ultimately, they conclude that “It is our contention that (1) the use of unilateral force remains—and should remain—illegal except in instances of self-defense against an actual attack, and (2) the Bangladesh case, although containing important mitigating factors in India’s favor, does not constitute the basis for a definable, workable, or desirable new rule of law which, in the future, would make certain kinds of unilateral military intervention permissible” (p. 276). 1472. Freeman, Michael (1999). “The Role of Institution Building in the Prevention of Genocide,” pp. 205–222. In Roger W. Smith (Ed.) Genocide: Essays Toward Understanding, Early-Warning, and Prevention. Williamsburg, VA: Association of Genocide Scholars and the Department of Government, College of William and Mary. In this essay, Freeman’s argument is basically as follows: “Genocide scholars have generally pinned their hopes for the prevention of genocide on third-
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party intervention . . . , [but] that is not the only option and not always the most promising one. The development of democratic social institutions is at least as important. The misleading named ‘international community’ suffers from a defect similar to that found in societies that are especially vulnerable to genocide: it is under-institutionalized. It has institutions for intervention, but they are not only under-resourced, they are directed by state elites who are not strongly motivated to make them effective” (p. 218). 1473. Frye, Alton (2000). Humanitarian Intervention: Crafting a Workable Doctrine. Washington, D.C.: Council of Foreign Relations Press. 94 pp. This Council of Foreign Relations Policy Initiative addresses the dilemmas of humanitarian intervention through three diverse arguments, emphasizing, respectively, the moral imperative to intervene against massive abuses, the strategic case to refrain from intervention except in the extreme circumstance of genocide, and the political prerequisite to balance moral and strategic claims on American power. The diverse assessments are presented to provoke and inform the debate over future U.S. decisions regarding humanitarian intervention. The contents of the book are as follows: “Memorandum to the President” by Arnold Kanter; “Memorandum to the President: Secretary of State” by Holly J. Burkhalter; “Memorandum to the President: Secretary of Defense” by Dov S. Zakheim; and “Memorandum to the President: Chairman, Joint Chiefs of Staff” by Stanley A. McChrystal. It also includes the following “Background Materials”: Appendix A. The Clinton Doctrine; Appendix B. Presidential Decision Directive 56 on “Complex Contingency Operations”; and Appendix C: The U.N. Secretary-General on Humanitarian Intervention. 1474. Fukuyama, Francis (2004). State-Building: Governance and World Order in the 21st Century. Ithaca, NY: Cornell University Press. 160 pp. Francis Fukuyama, Bernard L. Schwartz Professor of International Political Economy at the Paul H. Nitze School of Advanced International Studies, Johns Hopkins University, “famously” predicted “the end of history” with the ascendancy of liberal democracy and global capitalism. Herein, he argues that “the end of history” was never an automatic procedure, and the well-governed polity was always its necessary precondition. “Weak or failed states are the source of many of the world’s most serious problems,” he asserts. Fukuyama begins State-Building with an account of the broad importance of “stateness.” He rejects the notion that there can be a science of public administration, and discusses the causes of contemporary state weakness.
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He ends the book with a discussion of the consequences of weak states for international order, and the grounds on which the international community may legitimately intervene to prop them up. 1475. Garfinkle, Adam (2001). “Strategy and Preventive Diplomacy.” Special Section (“The Can and Can’ts of Humanitarian Intervention) of Orbis: A Journal of World Affairs, Fall, 45(4):503–517. In this essay, Garfinkle, the editor of The National Interest, argues two propositions: The first is that the diplomacy of humanitarian intervention is more important than many realists think it is or would like it to be—and that includes realists resident in the upper strata of the George W. Bush Administration. The president and his senior national security aides have written and spoken as though they were wedded to a Reaganite approach to this issue: Nancy Reagan, in this case, as in “Just say no.” Bush himself expressed this view clearly during the presidential campaign: “We should not send our troops to stop ethnic cleansing and genocide in nations outside our strategic interests.” The second proposition is that a realistic approach does exist to the problem of humanitarian intervention, but it abides amid the thickets of coalition diplomacy. Concern for sound coalition diplomacy happens to be a key element of any effective strategy.” (pp. 503–504).
1476. Garrett, Stephen A. (1999). Doing Good and Doing Well: An Examination of Humanitarian Intervention. Westport, CT: Praeger. 213 pp. Written by a Professor of International Policy Studies at the Monterey Institute of International Studies, this book is comprised of the following eight chapters: 1. “Initial Considerations”; 2. “The Realm of Philosophy”; 3. “The Realm of Law”; 4. “Issues and Ambiguities”; 5. “How Governments Decide”; 6. “Judging Decisions, Judging Results”; 7. “Going It Alone or Going It With Others”; and 8. “Humanitarian Intervention Reconsidered.” One section (“Selection and Prioritization:”) in chapter 4 deals with various aspects of genocide (pp. 68–71), particularly the controversy over the meaning of genocide and the existence of genocide. 1477. Glennon, Michael J. (2001). Limits of Law, Prerogatives of Power: Interventionism After Kosovo. New York: Palgrave. 239 pp. Glennon, professor of Law at the University of California, Davis, presents a “critical, top down reassessment of the whole use-of-force edifice” (p. 4). As his starting point, Glennon discusses how the 1999 Kosovo bombing campaign by NATO violated Article 2(4) of the UN Charter—that is, the prohibition of “the threat or use of force against the territorial integrity or political independence of any state.” In doing so, he rejects the many
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arguments that have been put forth that “humanitarian intervention” is consonant with the UN Charter. Here he argues that such interventions as India’s 1971 intervention in Bangladesh and the 1979 intervention by Tanzania in Uganda, as well as others, are all problematic as precedents. Ultimately, Glennon argues that the UN Charter has lost its relevance when it comes to the whole use of force issue and goes on to challenge the legal justifications for the UN Security Council’s authorization to use force to deal with intrastate violence. While asserting that there is some merit to regional alliances for the purpose of addressing intrastate conflict such as ethnic violence (sometimes under the auspices of the UN Security Council), he still maintains that it constitutes a breakdown of the Charter-based regime because the Security Council has intervened in ways that its originators “would never have agreed to” (p. 135). In place of what he perceives as an eviscerated and defunct Charter-based regime, Glennon suggests the need for the “eventual establishment of a true legalist system to govern the use of force” (p. 11).That said, he does not see the development of such an approach taking place for at least several decades, and that is due to the varying perspectives of different nations in regard to the goals of such force. 1478. Glennon, Michael J. (1999). “The New Interventionism.” Foreign Affairs, May/June, 78(3):2–7. Glennon discusses the fact that the United States’ and NATO’s bombing of Kosovo basically ignored and abandoned U.N. Charter rules that seriously limit internal intervention in local conflicts. More specifically, he states that “[n]o cross-border attack—the one circumstance where the Charter allows an international military response—had occurred, and the Security Council had never authorized NATO military measures” (p. 2). He goes on to say that “Whether the cost of abandoning the old anti-interventionist structure will be offset by the benefits of the newly emerging one remains to be seen. . . . The failings of the old system were so disastrous, however, that little will be lost in the attempt to forge a new one” (p. 3). At the conclusion of his discussion he asserts that “the new interventionists should not be daunted by fears of destroying some lofty, imagined temple of law enshrined in the UN Charter’s anti-interventionist proscriptions. The higher, grander goal that has eluded humanity for centuries— the ideal of justice backed by power—should not be abandoned so easily. Achieving justice is the hard part; revising international law to reflect it can come afterward. If power is used to do justice, law will follow” (p. 7). 1479. Gompert, David (1996). “The United States and Yugoslavia’s Wars,” pp. 122–144. In Richard H. Ullman (Ed.) The World and Yugoslavia’s Wars. New York: Council on Foreign Relations.
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Gompert, vice president of National Security Research Division, at the RAND Corporation, concludes this fascinating and disturbing essay by stating the following: While the violent breakup of Yugoslavia may have been unavoidable, irrespective of Western policy, it took bad policy . . . to bring us to such a tragic juncture. Stronger and more consistent American leadership might have made a difference. When the United States exhibit[ed] leadership, the results were usually positive. . . . For example, economic sanctions were imposed on Serbia in 1992 and subsequently strengthened as a result of U.S. initiative. . . . The inspiration for and implementation of the humanitarian relief effort came largely from the United States, as did enforcement of the flight ban, protection of safe havens, and stationing of monitors to contain the conflict. The occasional presence of U.S. leadership has been enough to demonstrate what might have been possible if it had been steady and strong. . . . This was not a case of a breakdown in the ability of the U.S. government to read and act on the warning signs, for no such breakdown occurred. Rather, George Bush and his lieutenants . . . concluded that such leadership in this particular crisis would have major drawbacks for the United States. So soon after the Gulf War, it would mean that the United States was assuming the role of international policeman. . . . With its military preponderance, this would have established that the United States was prepared to confront aggression even where it had no vital interests. . . . [T]he U.S. government under two administrations [Bush, 1988–1992 and Clinton, 1992–2000] tuned its public explanations depending on its immediate predicament. When wanting to marshal public support for tough action, Washington spoke of the need to combat naked Serbian aggression, to stop atrocities. . . . When wanting to justify inaction . . . , spokesmen described Bosnia as a civil war with fault on all sides, a problem too complicated to understand let alone solve from the outside, and in any case a problem for Europe to solve. As a consequence, the American public was never sure which of these contradictory explanations to credit and was therefore left too ambivalent to support a strong and steady policy. (pp. 140–141, 142)
1480. Goodpaster, Andrew (1996). When Diplomacy Is Not Enough: Managing Multinational Military Interventions. New York: Carnegie Corporation of New York. 38 pp. In the preface to this work, the following is stated: This study is part of a larger effort by the Carnegie Commission on Preventing Deadly Conflict to devise ways of reducing mass violence in the international system. Included in the Commission’s framework are attempts to define the problem of post-Cold War conflict, reveal the nature and cause of mass violence, devise a doctrine for triggering international responses to aggression, and finally to conceive a broad system of interrelated—although not necessarily
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interdependent—processes that operate at every phase of a real or potential conflict, from early warning and preventive diplomacy to military intervention and conflict resolution. Although the Commission is primarily concerned with preventing the outbreak of violence and is therefore emphasizing means of early warning, and conflict avoidance, its consideration of the constructive use of force in dealing with violence is twofold. First, the international community may not always be able to predict and prevent the outbreak of violence, and it must therefore develop the capability to mitigate violence, even if that requires using force. Second, the Commission hopes to contribute to the development of a system of intervention that is so predictable, rapid and effective that its mere existence would act as a deterrent against mass violence (italics added). The purpose of this study is to increase the Commission’s understanding of how to facilitate timely and effective military intervention where such actions will help forestall mass violence. . . . The evidence shows that in many instances, international initiatives, of varying scope and duration, can have salutary effects. The record also shows, however, that there is much room for improvement. (pp. vi-viii)
The report is comprised of six chapters: 1. “The Challenge”; 2. “Making the Case for Using Multinational Forces”; 3. “Managing Multinational Forces”; 4. “Operational Requirements”; 5. “The Use of Force—When, Why, and How”; and 6. “Recommendations.” The study was conducted under the leadership of General Andrew J. Goodpaster, USA (Retired). 1481. Gow, James (1998). “Nations, States, and Sovereignty: Meanings and Challenges in Post-Cold War International Security,” pp. 171–210. In Christopher Dandeker (Ed.) Nationalism and Violence. New Brunswick, NJ: Transaction Publishers. The focus of this chapter is two-fold: First, through use of the particularly virulent Yugoslav example, [this chapter] will explore the nature of the challenge to international security issued by nationalism at the end of the twentieth century. Secondly, it will indicate ways in which the ethnonationalist challenge has induced reassessment of the key concept in international relations—sovereignty. Following the end of the Cold War, the protection from outside interference in matters of domestic jurisdiction offered to states by traditional interpretations of sovereignty has changed: it is now clear that the internal affairs of a state may be a matter of concern to international bodies. This has two consequences. First, on a more or less consensual basis, bodies such as the CSCE or the UN will have a role in the internal affairs of certain states. Secondly, in certain cases, however, as a consequence of changing interpretations in relation to the principle of noninterference, states may be subject to unwanted external intervention—which
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may, in extreme circumstances, involve the use of armed force. (p. 173)
The essay is comprised of the following sections: The Sovereign State System; Nationalism, Sovereignty, and Self-Determination; The Serbian Snake; Sovereignty and Self-Determination: Yugoslavia and the Meaning of Nation; Chapter VII Measures: Intervention and Enforcement After the Cold War; and Sovereignty and Security: New Bearings. 1482. Gow, James (1997). Triumph of the Lack of Will: International Diplomacy and the Yugoslav War. New York: Columbia University Press. 343 pp. Gow, a lecturer in the Department of War Studies at King’s College, London, examines why the major Western powers failed to resolve the “War of Dissolution” in Yugoslavia. In doing so, he evaluates the various attempts by diplomats, UN peacekeepers, and world leaders to devise a workable peace, and identifies four factors that contributed to the subversion of the peace process: bad timing, bad judgment, poor cohesion, and, above all, the absence of political will, especially concerning the use of force. The book is comprised of the following four parts and eleven chapters: 1. “Introduction”; 2. “The Yugoslav Problem: Crisis, Collapse, Conflict”; Part I (3. “Early Initiatives: From Declaration to Recognition”; 4. “Early Initiatives: From Recognition to Reckoning”); Part II. (5. “Military Operations: Peacekeeping in Croatia, Bosnia, and Macedonia”; 6. “Military Operations: Peace Support and Coercion”); Part III (7. “The Major Players: Paris, Bonn, London”; 8. “The Major Players: Washington and Moscow”); Part IV (9. “The Peace Plans: Vance-Owen and ICFY”; 10. “The Peace Plans: Dayton Accord from the Contact Groups”; and 11. “Conclusion” (“Triumph of the Lack of Will”)). 1483. Gowlland-Debbas, Vera (Ed.) (2001).UN Sanctions in International Law. The Hague: Kluwer Law International. 408 pp. The essays in this volume were first presented at a colloquium organized by the Graduate Institute of International Studies in Geneva, Switzerland. It is comprised of thirty-one papers, eight of which are in French. Part I of the volume is comprised of theoretical issues. Part II addresses the many humanitarian issues at stake when sanctions are applied. Part III includes eight essays on the imposition and implementation of UN Security Council sanctions resolutions. Part IV examines the future of sanctions. Among the topics addressed in the various essays are: the ongoing and numerous disputes over the definition of sanctions; the concept of sanctions in international law; the evolution of sanctions practices under Chapter VII of the UN Charter; unilateral sanctions (or those issued by a single state); the difficulty in reconciling humanitarian concerns with the need for ef-
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fective sanctions; the insertion of a sanctions dimension into the world of human rights monitoring; the elimination of economic sanctions in favor of diplomatic sanctions; and greater use of preventive measures, such as peacemaking and the peaceful settlement of disputes, in lieu of economic sanctions. The various authors consider both “vertical sanctions” (e.g., those imposed by the UN Security Council) as well as “horizontal sanctions” (e.g., those imposed state to state). 1484. Graham, Gordon (1987). “The Justice of Intervention.” Review of International Studies, 13(2):133–146. In his introduction, Graham, lecturer in moral philosophy and public affairs at the University of St. Andrews, notes and then argues the following: It is often supposed, I think, that any principle of non-intervention is to be derived from some conception of sovereignty of states. I shall argue that this is to get things the wrong way round, for, as I hope to show, there is no conception of the state that can make it sovereign in the way that the Kantian individual is autonomous, and to talk of self-determination of states, or peoples, is to employ, at best, a misleading analogy. None of the ethical overtures of the right of the individual to self-determination can be carried over to the political context of international affairs. Rather, we have reason to regard states as sovereign just in so far as we have reason to accept principles of non-intervention and the like. States are sovereign, that is to say, just in so far as moral law proscribes interferences in their affairs. The question is: does it? My claim will be that, suitably adapted, Just War theory can be made to supply just such a principle of non-intervention, but before preceding directly to this claim, it is necessary to review certain other arguments. (p. 134)
This article is comprised of the following sections: Intervention and International Law, The State as Sovereign, Rival Conceptions of the State, The Consequentalist Argument, Just War Theory and Intervention, and Objections. 1485. Gray, Christine (2001). “The Legality of NATO’s Military Action in Kosovo: Is There a Right of Humanitarian Intervention?”, pp. 240–253. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World. New York: Routledge. Written by a University Lecturer and Fellow at St. John’s College, Cambridge, this essay is comprised of the following parts: I. A New Role for NATO; II. Implied Authorization of the Use of Force by the Security Council; III. Security Council Debates on Action in Kosovo; IV. Applications to the International Court of Justice; and V. Analysis.
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1486. Guéhenno, Jean-Marie (2002). “On the Challenges and Achievements of Reforming UN Peace Operations.” Special Issue (“Recovering from Civil Conflict: Reconciliation, Peace and Development” edited by Edward Newman and Albrecht Schnabel) of International Peacekeeping, Summer, 9(2):69–80. In the abstract to this article, the following is stated: Against the background of the tumultuous evolution of peacekeeping since the end of the Second World War, [this] essay discusses the key challenges of post-Cold War peace operations, some of their greatest failures as well as accomplishments. It considers [UN Secretary General] Kofi Annan’s effort to turn around the doomed fate of UN peacekeeping through self-reflection, soul searching and practical and feasible recommendations. The result was the Brahimi Report which, if implemented, will allow the UN to equip itself not only to avert failures, but to ensure success in the future. This concerns not only traditional, but also complex and post-conflict peace missions. While UN peace operations cannot be risk free, the risks and gambles associated with involvement in ongoing conflicts or exceedingly fragile security environments can be better managed if missions match the needs on the ground, if resources match those mandates, and if peace operations are deployed in a more judicious and deliberate manner. (n.p.)
1487. Gunter, Michael M. (1994). “The Kurdish Peacekeeping Operation in Northern Iraq, 1991,” pp. 97–110. In David A. Charters (Ed.) Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. Gunter’s conclusion to his essay is informative and telling: The imperfect, but effective, UN collective security operation against Iraq following that state’s conquest of Kuwait in August 1990 eventually led to an equally flawed, but still useful, peacekeeping operation to help save the Kurds from the further depredations of Saddam Hussein after their failed uprising in March 1991. At a time when many were hailing the new effectiveness of the UN, it is ironic that world organization was forced into this peacekeeping operation only because the supposedly defeated Hussein was still able to triumph over the Kurds and then force them into a deadly flight into the mountains on the Iranian and Turkish borders. The UN’s response proved to be a unique peacekeeping operation because, in effect, it was taking the side of the Iraqi Kurds and the allies against Iraq. This situation patently contrasted with the criterion of impartiality previous peacekeeping operations had possessed. What is more, for the first time, the UN had declared in Security Council 688 of 5 April 1991 that “the repression of the Iraqi civilian population, including most recently, Kurdish populated areas” could “threaten international peace and security.” In other words, the Council was saying that circumstances may
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arise in which extraordinary humanitarian needs would compel the world organization to intervene in the internal affairs of a sovereign state under the collective security provisions of UN Charter Chapter VII (italics added). If so, this was certainly a precedent-setting declaration. Previously, what a state did to its own minorities was of little or no concern to outsiders. Again, therefore, the UN peacekeeping operation in northern Iraq carried major implications for the future of international law and organization. On the other hand, the Kurdish peacekeeping operation was not only low key and ad hoc, but clearly secondary to and, in effect, part of the Allies’ political and military operations against Iraq both before and after the Gulf War. Nevertheless, as the Secretary General himself noted: A number of precedents were established which might well be of interest for future humanitarian efforts: the decision to aid the direct return of refugees to their homelands via a system of “blue routes,” thereby avoiding the need to construct and administer refugee camps; the creation . . . of a United Nations guards contingent to protect United Nations personnel and property, to provide an element of security and stability and to serve as “moral witness” in the humanitarian sphere; and the development of a system whereby a country with sufficient resources could assume responsibility for the care of the vulnerable groups within its borders. (pp. 105–108)
The essay is comprised of the following sections: Origins, Safe Havens, The UN Begins to Move, Implementation, Finances, and Conclusions. 1488. Gutman, Roy (1996). “Bosnia: Negotiation and Retreat,” pp. 187–207. In Barbara Benton (Ed.) Soldiers for Peace: Fifty Years of United Nations Peacekeeping. New York: Facts on File. Gutman, the Pulitzer Prize winning author of A Witness to Genocide (New York: Macmillan, 1993), discusses how even as massive war crimes were being committed, the major powers of the UN Security Council purposely ignored the tragedy, refusing to take a consistent position. Ultimately, he asserts that neither peacekeeping nor diplomacy is feasible when war is raging, unless it is backed by adequate military force. 1489. Haas, Ernst B. (1993). “Beware the Slippery Slope: Notes Toward the Definition of Justifiable Intervention,” pp. 63–89. In Laura W. Reed and Carl Kaysen (Eds.) Emerging Norms of Justified Intervention: A Collection of Essays from a Project of the American Academy of Arts and Sciences. In this chapter, Haas, the Robson Research Professor of Government at the University of California at Berkeley, states that I devote the bulk of this essay to the advocacy of justifiable and effective UN action to keep the peace in wars among states and to make peace in wars within states. I argue that legitimate multilateral action depends on not at-
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tempting all forms of collective action in all situations. Such actions will gain acceptance only if the UN stays out of situations that are unlikely to be improved as a result of global involvement—provided that those situations pose no significant threat to the peace of other states. I want to prevent the likely progression of steps that begin with humanitarian intervention and end with enforcement measures under Chapter II of the [UN] Charter. I want to save the UN’s legitimacy for situations that can be improved by multilateral action by preventing the organization’s sliding down the slippery slope illustrated by the cases of Somalia, Bosnia, and Cambodia. In doing so, I take issue with those who urge a hugely expanded scope for UN intervention and who justify their argument by pointing to an ever-weakening norm of sovereignty. I quarrel with those who urge that intervention is always justified in a “good cause” because sovereignty is not what it used to be. I show that there is no need to revive and to sanitize that (formally) reprehensible form of international conduct, intervention in the internal affairs of another state, because we should be very cautious in justifying efforts to make peace in someone else’s civil war that poses no threat to outsiders. (p. 65)
1490. Haas, Michael (1991). Cambodia, Pol Pot, and the United States. Westport, CT: Praeger. 163 pp. In his preface, Haas, professor of Political Science at the University of Hawaii at Manoa, writes that When I completed Genocide by Proxy: Cambodian Pawn on a Superpower Chessboard for Praeger, my focus was on the fate of the Cambodian people in a world that hitherto has treated small countries rather miserably. I was interested in demonstrating the absurdities that follow when several countries engage in realpolitik (geostrategic power politics). In addresses and papers presented to audiences around the world, however, my main interest has been in the foreign policy of the United States. Accordingly, some of my best papers were not incorporated into the book that I was writing. This new book rectifies the situation by examining US foreign policy toward the Cambodian conflict. Some chapters are recast from Genocide by Proxy, but most are entirely new in this book. . . . The sources of information herein pertain primarily to statements of policy by key decisionmakers. . . . My primary aim in this book . . . is to trace serious problems of US policy toward Cambodia. Clearly, Washington’s desire to make the world over in the image of the United States went awry with regard to Cambodia. . . . Nothing short of a reformulation of US foreign policy assumptions can prevent future Cambodias, so the final chapter sketches a way in which the people of the United States can ask their leaders to pursue world politics in a manner consistent with the principles of the Declaration of Independence, Woodrow Wilson’s Fourteen Points, and the Charter of the United Nations. (pp. xi–xii)
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The book is comprised of the following parts and chapters: I. Creating the Khmer Rouge (1. “The U.S. Role in Elevating Pol Pot to Power”; 2. “The Mythology of U.S. Policy Toward Cambodia”); II. Sustaining the Khmer Rouge (3. “Scenarios and Policies for Cambodia in the 1980s”; 4. “The U.S. Role in Preserving Pol Pot”); III. Marginalizing the Khmer Rouge (5. “Scenarios and Politics for Cambodia in the 1990s”; 6. “A Campaign to Oppose the Return of the Khmer Rouge”); and IV. Beyond Cambodias (7. “Toward a New US Foreign Policy”). 1491. Haass, Richard N. (1998). “Conclusions: Lessons and Recommendations,” pp. 197–212. In Richard N. Haass (Ed.) Economic Sanctions and American Diplomacy. New York: Council on Foreign Relations. In this chapter, Haass, director of foreign policy studies at the Brooking’s Institution, delineates and discusses ten lessons that can be learned from the eight case studies included in Economic Sanctions and American Policy, and twelve guidelines/recommendations that could be used to inform future decisions to employ sanctions. The ten lessons are: 1. Sanctions alone are unlikely to achieve desired results if the aims are large or time is short; 2. Under the right circumstances, sanctions . . . can achieve (or help to achieve) foreign policy goals . . . ; 3. Unilateral sanctions are rarely effective; 4. Sanctions often produce unintended and undesirable consequences; 5. Sanctions can be expensive for Americans . . . ; 6. Authoritarian, statist societies are often able to . . . withstand the effects of sanctions; 7. Military enforcement can increase the economic and military impact (although not necessarily the political effects) of a given sanction; 8. Sanctions can increase pressures to intervene with military force when they are unable to resolve the crisis; 9. Sanctions tend to be easier to introduce than lift; and 10. “Sanctions fatigue” tends to settle in, and, as it does, international compliance tends to diminish (pp. 197, 198, 200, 201, 203, 204, 205).
As for the twelve guidelines, they are: 1. Economic sanctions . . . should be employed only after consideration no less rigorous than what would precede any other form of intervention . . . ; 2. Multilateral support for economic sanctions normally should constitute a prerequisite for their introduction . . . ; 3. [B]oycotts are not a desirable means of bringing about multilateral support for sanctions . . . ; 4. Economic sanctions should focus . . . on those responsible for the offending behavior or on penalizing [offending] countries . . . ; 5. Sanctions should not be used to hold major bilateral relationships hostage to a single issue or set of concerns; 6. Humanitarianism exceptions should be included as part of any comprehensive sanctions; 7. Any use of sanctions should be . . . swift and purposeful; 8. Policymakers should . . . send to Congress a policy statement not unlike the reports prepared . . . under the War Powers Act; 9. All sanctions embedded in legislation should provide for presidential discretion in the form of a waiver authority; 10. The federal
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government should challenge the right of states and municipalities to institute economic sanctions against companies and individuals operating in their jurisdiction; 11. U.S. intelligence capabilities must be reoriented to meet the demands created by sanctions’ policy; and 12. Any sanction should be the subject of an annual impact statement. (pp. 205, 206, 207, 208, 209, 210)
1492. Haass, Richard N. (2000). “Foreign Policy in the Age of Primacy.” Brookings Review, Fall, 18(4):2–7. One section within this article is entitled “Humanitarian Intervention.” Haass, in part, states the following: Humanitarian intervention is in some ways the emblematic problem of the first-post-Cold War decade. The United States should be prepared to use military force on a selective basis to save innocent lives. . . . No all-purpose set of guidelines will determine policy in every situation. As a rule, however, U.S. willingness to intervene militarily should reflect the potential or actual scale of the violence (fortunately, genocide remains relatively rare); the impact of acting (or not acting) on more important national interests; and the likelihood that an operation (with others) will accomplish considerable good at modest financial, human, and military cost to the United States. (p. 6) Haass goes on to discuss the issue of “regionalism” or what he calls “regional armaments,” where “states of the same region share a similar perspective and an incentive to act on problems before they are directly affected (p. 6). 1493. Haass, Richard N. (1999). Intervention: The Use of American Military Force in the Post-Cold War World, Revised Edition. Washington, D.C.: The Brookings Institution Press. 298 pp. This book is comprised of the following chapters: 1. “The Debate Over Intervention”; 2. “Recent Cases of U.S. Intervention”; 3. “The Vocabulary of Intervention”; 4. “Whether to Intervene”; 5. “How to Intervene”; 6. “Revisiting the Past”; 7. “Considering the Future”; 8. “Conclusion”; “Afterword: Summer 1994 to Summer 1999”; Appendices: A. “Charter of the United Nations”; B. “War Powers Resolution”; C. “The Uses of Military Power” by Caspar W. Weinberger; D. “The Use and Usefulness of Military Forces in the Post-Cold War, Post-Soviet World” by Lee Aspin; E. “U.S. Forces: Challenges Ahead” by Colin L. Powell; F. “Remarks at the U.S. Military Academy” by George Bush; G: “Confronting the Challenges of a Broader World” by Bill Clinton; H: “The Clinton Administration’s Policy on Reforming Multilateral Peace Operations”; and I: “Defining Missions, Setting Deadlines: Meeting New Security Challenges in the Post-Cold War World” by Anthony Lake.
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1494. Haass, Richard N. (1999). “What to Do With American Primacy.” Foreign Affairs, September/October, 78(5):37–49. Arguing that U.S. superiority will not last and that the world is becoming more multipolar (e.g., more nations and nonstate actors are increasing in number and power), Haass asserts that there is a need to build a sound postcold war international society. To do so, he says, there are “four foundation stones: using less military force to resolve disputes between states, reducing the number of weapons of mass destruction and the number of states and other groups possessing such weapons, and accepting a limited doctrine of humanitarian intervention based on a recognition that people—and not just states—enjoy rights, and economic openness” (p. 39). Speaking of the third point, Haass states the following: The third building block of a post-Cold War world could well prove the most controversial. For 350 years, international order has been buttressed by the notion of sovereignty: that what goes on within the borders of a nation-state is its business and its business alone. The notion of sovereignty was itself an advancement that promoted order by discouraging the meddling that could all too easily lead to conflict. But over the past half century and especially during the past decades a new reaction against absolute sovereignty has gained strength. Today, sovereignty is increasingly judged as conditionally linked to how a government treats its citizens. When a government proves unable or unwilling to safeguard its citizens—when the inherent contrast between the government and the governed is violated—the leadership forfeits its normal right to expect others to keep their distance. It then falls to the international community to act, either diplomatically (utilizing persuasion, sanctions, or aid) or with force, under the banner of humanitarian intervention. The obvious challenge is to gain broader recognition of this modified view of sovereignty and acceptance (if not support for) particular interventions. (pp. 40–41)
As for the fourth building block, economic openness, Haass states that it requires not only the easy movement of goods, capital and services across national lines, but also transparent domestic markets that favor private-sector activities. Such openness is necessary to sustain prosperity and works to buttress civil society and increase linkages and interdependencies—facts that should be a bulwark against military conflict. (p. 41)
The latter point is particularly significant in light of the findings of “The State Failure” projected conducted by Ted Gurr and his associates. 1495. Haig Jr., Alexander M. (2001). “Introduction.” Special Section (The Can’t and Can’ts of Humanitarian Intervention) of Orbis: A Journal of World Affairs, Fall, 45(4):495–501.
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In this piece, Haig, a former U.S. secretary of state and supreme allied commander of NATO Forces in Europe, argues that First, the American people will not support a policy that leads to intervention everywhere nor will they support its opposite, a policy that abstains altogether. A balance must be found that comports with both our ideals and our sense of reality. Secondly, humanitarian intervention as we have known it over the past decade has been neither just nor practical. We must break with a policy that does not act until after a human catastrophe and then assigns to our troops objectives they cannot achieve. Both are the products of a dangerous populism amplified by the media and the related explosion in information sciences. Finally, there is an alternative. We can work to prevent the problems that give rise to such interventions, and if that fails we can guide our interventions with commonsense criteria and reasonable objectives. (p. 496)
1496. Halperin, Morton H., Scheffer, David J., and Small, Patricia L. (1992). Self-Determination in the New World Order. Washington, D.C.: Carnegie Endowment for International Peace. 178 pp. This book examines the movements by groups within states to seek greater autonomy or independence based on their common language, culture and tradition, and the internal conflicts they trigger. In doing so, the authors review U.S. and international responses to self-determination claims during and after the cold war, and argue that out-dated cold war perspectives continue to influence the policies of the U.S. and the international community toward self-determination movements. Ultimately, the authors provide a framework for evaluating the nature and legitimacy of self-determination movements around the world. Further, the authors argue that whether a movement’s goal is greater protection of minority rights, greater autonomy, or full independence, the international community should require adherence to democracy, international law, non-use of force, and human rights before granting support or recognition. The authors also examine numerous responses to civil wars and threats of armed conflict, ranging from monitoring and diplomatic intervention to economic sanctions and collective military intervention. Of particular interest vis-à-vis the issue of genocide are chapters Two. “Post-Cold War Policy: Three Cases (The Breakup of the Soviet Union, the Yugoslav Crisis, and the Iraqi stalemate (e.g., the fate of the Kurds in northern Iraq), and chapter Six. “Responding to International Hot Spots (Monitoring, Diplomatic Intervention, Conditional and Economic Sanctions, Military Intervention, and Three Proposals for Reform). 1497. Hampson, Fen Osler, and Malone, David M. (2002). “Improving the UN’s Capacity for Conflict Prevention.” International Peacekeeping, Spring, 9 (1):77–98.
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In this article, Hampson (professor at Carleton University) and Malone (president of the International Peace Academy), focus on the research findings most pertinent to the United Nation’s role in conflict prevention and the kinds of intervention measures it can adopt to strengthen its role and capacities for conflict prevention. Furthermore, they argue that “the wider family of agencies in the UN system, especially the agencies and programmes with a development remit, need to be engaged” (p. 77). The article is comprised of the following sections and subsections: The Nature of Conflict Prevention (Conflict Causes and Conflict Prevention, Combining Incentives and Disincentives for Peace, The UN System’s Comparative Advantage in Addressing the Causes of Conflict, The Scope of Conflict Prevention Capacity at the UN, Implementing Conflict Prevention within the UN and Beyond, From Early Warning to Early Action, Directions for the Future), and Conclusions: Limits and Opportunities. 1498. Hansen, Peter (2000). “The Challenge of Humanitarianism,” pp. 51–66. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Hansen, notes that in this essay I will first suggest that the isolation of humanitarian intervention in the traditional or narrow sense from a broader conflict-prevention prescription does not address maladies of the real world. Second, I will argue that the general reluctance to accept this fundamental interrelationship and the rapidly evolving nature of emergencies and emergency requirements are forcing the humanitarian network to become increasingly involved in activities frequently central to the political process. Third, I will suggest the need for reconciling the seeming political and humanitarian paradox, and outline three phases in which humanitarianism can be a force in overall efforts to deal with conflict. (p. 51)
The sections of the essay are comprised of the following: From Disaster Relief to Humanitarian Assistance: The Defining Moment; Changing Context, Changing Needs; Instruments of Change; and Protecting the Humanitarian Mandate. In part, Hansen focuses on the 1994 Rwanda genocide, and, in particular, the refugee crisis that erupted as a direct result of the genocide. 1499. Hanson, Marianne (2001). “Warnings for Bosnia: The Dayton Agreement and the Implementation of Human Rights,” pp. 87–104. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimensions. London. Frank Cass Publishers. In her introduction, Hanson, senior lecturer in the Department of Government at the University of Queensland, asserts that “Undoubtedly, the Dayton
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Peace Agreement was a well-intentioned attempt by the international community to rebuild a state torn apart by ethnic conflict at a time when the international community had had no experience in coordinating a task of such magnitude and complexity. What has resulted, however, is a model that should serve as a cautionary tale to those embarking along a similar route.” (p. 88) This chapter is comprised of the following sections: Dayton: From Separation to Integration; A Brief Progress Report (Small Successes, Continuing Deficiencies); Flaws in Implementation (The Civil Military Divide, U.S. Interests, Who’s the Boss?, and From ‘Helping Hand’ to Iron Fist?); and Forced Integration? 1500. Hara, Fabienne (1999). “Burundi: A Case of Parallel Diplomacy,” pp. 139–158. In Chester A. Crocker, Fen Osler Hampson, and Pamela Aall (Eds.) Herding Cats: Multiparty Mediation in a Complex World. Washington, D.C.: United States Institute of Peace Press. Hara, a political analyst and project coordinator for the International Crisis Group’s (ICG) Central Africa Program, examines the expansion of private actors into the diplomatic field and the increased attention that the foreign policy elite is now devoting to the concepts of conflict prevention, conflict resolution, and “track two” or “parallel diplomacy.” In her introduction, the author states that The new trend has been especially visible in Burundi, which, after the Rwandan genocide, became a test case for post-Cold War intervention in a domestic conflict. In Burundi, external actors initiated a large number of explicitly conflict-oriented activities, in addition to the more standard humanitarian and development programs. However, although nongovernmental organizations (NGOs) proved to have competitive advantages in dealing with the conflict and had accomplishments to their credit, they also augmented the fragmentation of the international response. The competing definitions of the problems and the resulting mismatch of responses led to a general misdiagnosis of the conflict’s most critical factors. The experience of Burundi also shows that efforts by private actors, however well intentioned, cannot substitute for strategic commitment by states to deal with issue of violence. (pp. 139–140)
1501. Harff, Barbara (1991). “Cambodia: Revolution, Genocide, Intervention,” pp. 218–234. In Jack Goldstone, Ted Robert Gurr, and Farrokh Moshiri (Eds.) Revolutions of the Late Twentieth Century. Boulder, CO: Westview Press. Harff, professor of Political Science at the U.S. Naval Academy, provides a succinct discussion of the history of Cambodia, the revolutionary vic-
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tory by the Khmer Rouge, the genocidal actions of the Khmer Rouge (1975–1978), and the Vietnamese invasion and occupation of Kampuchea (December 1978). The essay is comprised of the following sections and subsections: Cambodia’s Economy and International Dependencies; Origins of Khmer Communism; The Revolutionary Crisis (The Sihanouk Years; The Lon Nol Regime; The Struggle for Power: Lon Nol Versus the Khmer Communists; Democratic Kampuchea); Khmer Rouge Revolutionary Goals and Policies; and International Repercussions. 1502. Harff, Barbara (1993). “An Early Warning System is Needed.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:3–5,12. As part of a forum (“A Forum on Prevention of Genocide and Mass Killing”) organized by the New York City-based Institute for the Study of Genocide, and in response to two questions (“What should be the preconditions for creating and recognizing new states and retracting (or suspending) recognition?” and “What other solutions would you recommend to rectify the past discrimination of regional or dispersed minorities who have experienced denial of civil and political rights?”) posited to the panelists, Harff (professor of Political Science at the U.S. Naval Academy) addresses the following issues, among others: state formation and recognition, the human rights/aid linkage, international monitoring and protection, humanitarian intervention, role of the UN, and the need for the development of an effective early warning system. In regard to the issue of intervention, Harff comments that It is now widely accepted that the right to territorial integrity does not include the right to treat one’s citizens as one pleases, such as starving people into submission or creating genocide. . . . Collective intervention is allowed under Chapter VII of the UN Charter, and Article 34 empowers the Security Council to investigate disputes causing international friction. There are at least seven other circumstances under which states have a lawful right to intervene. Intervention is not a synonym for military intervention. In many cases international pressures and diplomacy can forestall crises at an early stage. Cases in which local leaders do not desist from mass killings and genocide, despite diplomatic efforts, sanctions, and selective application of force may warrant military intervention. Intervenors must provide necessity and proportionality: military intervention has to be shown to be imperative and should remain the last resort. (pp. 4–5)
Harff concludes this piece by delineating and briefly discussing the various actions that the international community could take to address situations that threaten the human rights and lives of large numbers of people.
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1503. Harff, Barbara (1999). “Humanitarian Intervention in Genocide,” pp. 341– 343. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume I. Santa Barbara, CA: ABC CLIO Press. Harff discusses the legal evolution of humanitarian intervention, including “the current trend in international law moving toward codification of principles and identification of appropriate conditions under which humanitarian imperatives will override national sovereignty” (p. 341). 1504. Harriss, John (Ed.) (1995). The Politics of Humanitarian Intervention. London: Pinter Publishers. 190 pp. This book is comprised of the following: “Introduction: A Time of Troubles—Problems of International Humanitarian Assistance in the 1990s” by John Harriss; “The International System of Humanitarian Relief in the ‘New World Order’” by John Seaman; “Sovereignty and Suffering” by Martin Griffiths, Iain Levine, and Mark Weller; “Options for the Reform of the International System for Humanitarian Assistance” by Paul Taylor; “Evacuation, Intervention, and Retaliation: United Nations Humanitarian Operations in Somalia, 1991–1993” and “Short-Term Interventions and Long-Term Problems: The Case of the Kurds in Iraq” by David Keen. 1505. Hefner, Robert W. (2000). “East Timor and Indonesia: The Roots of Violence and Intervention.” The ISG [Institute for the Study of Genocide] Newsletter, Winter, 24:1–4. Hefner, an anthropologist at Boston University who has studied Indonesia intensely, (1) presents a historical overview of the conflict between East Timor and Indonesia; (2) discusses the 1999 plebiscite in East Timor, including the violence orchestrated by the Indonesian military; and (3) presents what he perceives as the wisest options open to the United States, Australia and others, in addressing the ongoing conflict in a way that does not exacerbate it. An editor’s note accompanying this article states that: “On September 12th, Pres. Habibie ‘capitulated to international pressure today and invited the United Nations to send a peacekeeping force to the troubled territory.’ (New York Times, September 13, 1999, p. 1). Two days earlier, Pres. Clinton had condemned Indonesia, and said they must let in an international force, having previously suspended U.S. aid” (p. 3). 1506. Heiberg, Marianne (Ed.) (1994). Subduing Sovereignty: Sovereignty and the Right to Intervene. London: Pinter. 154 pp. Based on talks presented at a conference on sovereignty and intervention hosted by the Norwegian Institute for International Affairs, this book is
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comprised of an introduction and six chapters: The chapters address the following topics: sovereign statehood and national determination (Oyvind Ostervd); the obsolescence of intervention under international law (Jarat Chopra); sovereignty and intervention and the developing world (George Joffe); the United Nations and intra-state conflict (Age Eknes); tribal and international law (Ernest Gellner); and “keeping a fractured peace” (Johan Jorgen Holst). 1507. Henkin, Louis; Hoffmann, Stanley; Kirkpatrick, Jeanne J.; Gerson, Allan; Rogers, William, D.; and Scheffer, David J. (1991). Right v. Might: International Law and the Use of Force. New York: Council on Foreign Relations Press. 200 pp. In this updated edition of the 1989 volume, the contributors confront the question/issue: “Does international law permit the use of military force to promote democracy and human rights?” The essays provide provocative, and sometimes divergent, views in regard to the tension between force and the law in U.S. foreign policy. The essays and essayists are as follows: “The Great Debate of the 1980s” by Scheffer; “The Reagan Doctrine, Human Rights, and International Law” by Kirkpatrick and Gerson; “The Use of Force: Law and U.S. Policy” by Henkin; “Ethics and Rules of the Game Between the Superpowers” by Hoffmann; “The Principles of Force, The Force of Principles” by Rogers; and “Use of Force After the Cold War: Panama, Iraq, and the New World Order” by Scheffer. In the last chapter, Scheffer addresses the issue of humanitarian intervention and makes the following comments regarding U.N. Security Council Resolution 688 (adopted on April 5, 1991), which established a right to intervene on Iraqi territory for humanitarian purposes: One of the long-standing disputes among members of the international law community is the legality of military intervention to stop human suffering within a nation’s sovereign borders. Henkin and the traditionalists limit such humanitarian intervention to rescue individuals (typically nationals) whose lives are in danger and where the local government cannot or will not come to their aid, and not to respond to atrocities visited upon local populations. Advocates of the broader view of humanitarian intervention have powerful examples to justify military intervention, but have never convinced political leaders in general or the United Nations of the merit of their cause. In 1991 the traditionalist view still prevailed; international law granted no general right unilaterally to charge into another country to save its people from their own leaders. Nonetheless, the immediate aftermath of the Gulf War challenged the narrow view of humanitarian intervention. The Iraqi army’s campaign against the rebelling Kurds and Shiite peoples of Iraq drove an estimated two million of
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them north into Turkey, west into Iran, and south into the occupied zone of southern Iraq. . . . The refugees’ mass destitution—many died each day from starvation, dehydration, disease, and exposure—and the resistance of Turkey and, to a lesser extent, Iran—long fearful of Kurdish insurgencies in their own states—to accept them as refugees or, when left with no choice, to do so only on a temporary basis, forced the issue of intervention upon the Security Council. The Council responded by adopting, on April 1991, Resolution 688, which established a right to interfere on Iraqi territory for humanitarian purposes. The resolution merits close scrutiny, for while it was a milestone in the development of international law, it was not the great leap forward to military intervention for humanitarian purposes that some claimed it was within days of its adoption (p.190).
Scheffer goes on to provide a detailed analysis of the intervention. In doing so, he discusses: the Kurds’ plight; Resolution 688, which condemned the repression of the Iraqi civilian population and described its consequences as threats to international peace; the roles of the Secretary General, the Security Council, the Bush Administration [1988–1992], the British, and French governments; and the principle of noninterference in the internal affairs of member states. 1508. Herring, Eric (2001). “From Rambouillet to the Kosovo Accords: NATO’s War Against Serbia and Its Aftermath,” pp. 225–245. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimension. London and Portland, OR: Frank Cass Publishers. In his introduction, Herring states the following: The question this essay addresses is “Did NATO’s war against Serbia result in a better peace for Kosovo?” “Better peace” in this context must include better prospects for human rights within and beyond Kosovo. Any answer to this question relies on an assessment of the alternatives to NATO’s war and of the conditions which now prevail in Kosovo and the world at large. This [essay] analyzes the rejection by Serbia of the Rambouillet Plan and NATO’s rejection of Serbia’s counter-proposal; the escalation of violence in Kosovo by Serbia following the start of NATO’s bombing campaign; the extent to which the deal which ended the war entailed concessions by either side in comparison with Rambouillet; and the situation within and beyond Kosovo since the bombing stopped. The assessment of these issues is organized around an exposition and critique of the pro-war narrative as propounded by NATO and many of the supporters of NATO’s war in Kosovo. (p. 225)
The sections and subsections of the essay are comprised of the following: The Politics of Rambo(uillet); NATO Bombing: Fuel on the Fire; and Human Rights and the Peace Deal (Human Rights Violations with Impunity; In Spite of It All, Resistance to Ethnic Hatred Continues; NATO Short-Term Cred-
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ibility Bolstered at the Expense of Human Rights; Worthy and Unworthy Victims of Human Right Abuses; and Irresponsible Humanitarianism and the Production of the LocoLocals). 1509. Heuser, Beatrice (1997). “Sovereignty, Self-Determination, and Security: New World Orders in the Twentieth Century,” pp. 81–104. In Sohail H. Hashmi (Ed.) State Sovereignty: Change and Persistence in International Relations. University Park: The Pennsylvania State University Press. In her introduction to this essay, Heuser, senior lecturer in war studies at King’s College London, makes the following assertions: Sovereignty . . . is an impediment to the global rule and application of law: first, it is not stated explicitly in the UN Charter or in any subsequent UN resolution that the United Nations has the right to intervene in the internal affairs of a sovereign state, even if this state’s government or a group unchecked by the government is breaking the state’s commitments to the observation of the UN Charter and the human rights convenants. In fact, some such interventions have occurred, most notably in Cambodia, Iraq, and Somalia. But they have been carried out on an ad hoc basis, emphasizing the Security Council’s rights under Chapter VII as opposed to the sovereign rights of a state under Article 2(7). And no steps have been taken to ensure a universal and consistent application of such intervention if the government of a state is clearly disregarding its engagement to uphold human rights. Second, any UN resolution has to be reached by the Security Council whose permanent members, as states more sovereign than others, so to speak, have a veto power. Third, the enforcement of a UN resolution . . . depends on the free choice of the governments of all the other sovereign member states to help implement it. The United Nations has no means to extort the assistance of member states in this process. The problem is not a new one, but one that has become increasingly pronounced since World War I. There has never been a system of international law that was enforced through an effective supranational executive. . . . [O]bligations incurred by sovereign entities have only been enforced against their will if it happened to be in the direct interest of other sovereign entities to do so, and if these were willing to apply the necessary pressure—and bear the cost. (p. 81)
This essay, then, addressees the following issues: The Concert of Europe: Oligarchy; The League of Nations: Collective Security; The United Nations: Oligarchy in Collective Security; The Cold War: Non-War Between Integrated Alliances; Options for Post-Cold War Security; Toward a New Model; and Unresolvable Problems? 1510. Hirsch, Herbert (1999). “Thoughts About Preventing Genocide in the Post Cold War Era,” pp. 223–238. In Roger W. Smith (Ed.) Genocide: Essays Toward Understanding, Early-Warning, and Prevention. Williamsburg, VA:
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Association of Genocide Scholars, and the Department of Government, College of William and Mary. The thrust of Hirsch’s argument is that “We must first recognize, then contain, the regressive forces that have been unleashed in the post-Cold War-period” (p. 226). In addressing the latter, Hirsch, Professor of Political Science at Virginia Commonwealth University, discusses the following issues: “United States Foreign Policy in the Post-Cold War Era”; “Why [U.S.] Intervention [Under the Clinton Administration]?”; “Bosnian Realities”; “The Hazards of Intervention”; “Humanitarian Intervention the Post-Cold War Era”; and “The Future of Prevention.” 1511. Hirsh, Michael (2000). “Calling All Regio-Cops.” Foreign Affairs, November-December, 79(6):2–8. Hirsh examines the strengths and weaknesses, the efficacy, and the support and lack of support of a new, hybrid form of peacekeeping that is on the rise—regional interventions backed by the United Nations. In his introduction, Hirsh asserts that several questions are at the center of the debate regarding the issue of international peacekeeping efforts: Can U.N. peacekeeping be made to work at long last, or are such efforts doomed to fail? Are international norms effective, or is raw military might the only thing that can stop the villainous Foday Sankohs of the world? Is humanitarian intervention impractical, or is there some way of balancing both sovereign rights and global values?. . . . This debate over humanitarian intervention is an important and well-intentioned one. It is also, for the most part, a phony debate. The discussion, at least as it has been framed in recent years, offers up false choices. For most of the post-Cold War period, arguments about a new world order have centered on whether either the United States or the United Nations, acting separately or in concert, could become some form of globocop. But then years after the fall of the Soviet Union, it is high time for the world to recognize that neither option will come to past. Washington does not have the will for it, and the U.N. (thanks largely to American stinginess) does not have the way. (pp. 2, 3)
Hirsh goes on to argue that “out of this vacuum, however, a new system is emerging on the ground, crisis by crisis. Call it the rule of the regio-cops. It is a hybrid system, dependent on both UN legitimation and local muscle. To work, the new system needs regional powers and organizations to do the dirty work of peacekeeping and peacemaking” (p. 3). Hirsh posits and addresses two additional questions: “Will this pattern spread further”? and “Should it?” (p. 3) Ultimately, Hirsh asserts that “ . . . if the terms of the debate are drastically
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altered to account for regional devolution, the emergence of UN sanctioned regio-cops changes many things” (p. 5). Hirsh concludes that “moving to regionalism is, structurally, a steep uphill climb. . . . As one Pentagon planner put it tersely, ‘To pursue regionalism, the United States really has to have a tolerance of regional objectives’—and, he could have added, of regional methods. Still the United States and the United Nations could make their support conditional on regional actors’ observing international norms of behavior” (p. 8). 1512. Hodge, Carl Cavanah (2000). “Casual War: NATO’s Intervention in Kosovo.” Ethics and International Affairs, 14:39–54. Hodge claims that the North Atlantic Treat Organization’s (NATO) intervention in Kosovo was not only unwise statecraft, but “demonstrated with greater clarity than any other recent crisis how the moral prestige of the humanitarian imperative and the technological refinement of military force can be combined irresponsibly to legitimate actions that serve neither human rights nor peace and security particularly well” (p. 39). In his introduction, Hodge states that “The concern of this essay is with NATO’s use of the tools of what has been called the Revolution in Military Affairs (RMA) in order to redeem the promise of the human rights revolution in Europe. In pursuit of that case the feats of strategic airpower in the skies over Serbia may yet have the unfortunate byproduct of nurturing an attitude toward military force more casual than anything we have witnessed since the end of the century of total war in 1945.” (p. 39) 1513. Hoffmann, Stanley (1996). The Ethics and Politics of Humanitarian Intervention. Notre Dame, IN: University of Notre Dame Press. 116 pp. This book is the result of the 1995 inaugural lectures (“Sovereignty and the Ethics of Intervention” and “Humanitarian Intervention in the Former Yugoslavia”) delivered by Professor Stanley Hoffmann of Harvard University, which were sponsored by the Joan B. Kroc Institute for International Peace Studies at Notre Dame University. Accompanying the two lectures are an introduction and commentaries by a group of scholars. The latter are entitled as follows: “How Much Force in Humanitarian Intervention?” by Raimo Väryrnen; “Limits and Opportunities in Humanitarian Intervention by Robert C. Johansen; and “Hoffmann’s Kantian Justification for Humanitarian Intervention” by James P. Sterba. In a review of this book in Foreign Affairs (March/April 1998), Francis Fukuyama observed that: “ . . . the author provides a well-reasoned account of why traditional norms of sovereignty have been eroded and why the case for humanitarian intervention is more compelling now than previously. His rules
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for ethnic intervention, however, constrain the international community’s actions to those approved by the United Nations or its subsidiary organizations. Not only did this rule in effect block timely intervention in Yugoslavia, but its normative basis needs further scrutiny given the purely formal sovereignty criterion for UN . . . membership in an age when mere sovereignty does not convey moral-legitimacy to a state’s actions” (p. 142). 1514. Hoffmann, Stanley (1996). “Humanitarian Intervention in the Former Yugoslavia,” pp. 38-60. In Stanley Hoffmann’s The Ethics and Politics of Humanitarian Intervention. Notre Dame, IN: University of Notre Dame University. In his introduction to this piece, Hoffmann first explains and then notes the following: Throughout 1990 it became clear that the Yugoslav Federation was beginning to disintegrate; in particular, Slovenia and Croatia were taking steps toward secession and were warning that they would secede. Attempts at shoring up this crumbling federation did not get anywhere; it is not as if there had been no advance notice. Then, in the summer of 1991, the secession of Croatia and Slovenia took place, the Yugoslavian army—mainly Serbian—went into action, and fairly rapidly a cease-fire was signed with Slovenia; war moved then, intensely, into Croatia. First, I am going to talk about the nature of the case itself, and then, about the international confusion which has been the main characteristic of this story. There are many issues, but in particular three, which have to do with trying to fit the Yugoslavian disaster into some sort of category. The first issue, and the most difficult in some ways, is the issue of who is entitled to self determination. . . . The second question has to do with the nature of that war. . . . The third question is, “What would the international community do if it did organize a collective intervention?” (pp. 38, 39)
1515. Hoffmann, Stanley (1996). “Sovereignty and the Ethics of Intervention,” pp. 12–37. In Stanley Hoffmann’s The Ethics and Politics of Humanitarian Intervention. Notre Dame, IN: University of Notre Dame University. In this piece, Hoffmann concludes that But what is obvious is the need to clarify the implications of the different and woolly concepts that will define the “good” causes, and to establish a hierarchy of concerns so as to make it possible to deal with the contradictions between the four notions of sovereignty, self-determination, democratic government, and individual rights. What is needed just as urgently is an increase in the financial and operational capabilities of international and regional organizations; for the only alternatives to it are likely to be either indifference to domestic calamities that may often be dismissed as not grave or close enough to threaten the physical security of the greater powers—and as a result of such indiffer-
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ence, risk spreading by imitation and contagion—or else a return to unilateral intervention that could be even more dangerous for stability and for justice. As for the problem of support and the real danger of domestic backlash in the countries that are the targets of intervention, one way of addressing them is to make sure that the collective interventions are fair, remain within the limits of a clear mandate, and do not appear as the tools of certain powers. (p. 35)
1516. Holbrooke, Richard (1998). To End a War: From Sarajevo to Dayton—And Beyond. New York: Random House. 432 pp. Written by the Clinton administration’s Bosnia envoy, this book focuses on the Herculean diplomatic maneuvers it took to convince the various parties to sign the Dayton Peace Agreement of November 1995. It provides a closeup examination of the major “players” in the Clinton Administration, the Pentagon, Europe, and the former Yugoslavia—as well as the machinations at play to forge the uneasy peace that was a result of the Dayton Accords. It is a fascinating and telling record of just how difficult, complex, and frustrating it is to bring such an effort to fruition. While not highly critical of his “bosses,” Holbrooke does allude, in various ways, the to the fact that Clinton’s bravado and accusations against the Bush administration during the 1992 presidential election (including his statement regarding “the high cost of remaining silent and paralyzed in the face of genocide”) were followed up by indecision, wavering, and missteps—all of which made a mockery of his promises. The result of such wavering was the subsequent murder—in one massacre after another, and ultimately genocide—of more than one hundred thousand lives. As proud as Holbrooke is of what he accomplished, he notes that he was not entirely pleased with the outcome of the agreements. 1517. Holzgrefe, J. L., and Keohane, Robert (Eds.) (2003). Humanitarian Intervention: Ethical, Legal and Political Dilemmas. New York: Cambridge University Press. 400 pp. The essays in this book address the various ethical, legal, and political conditions under which humanitarian intervention can be justified. They also address the complexities inherent in such actions as well as the inherent dangers. Several of the essays discuss the ongoing legal discussions which, in part, deal with the identification of both principles and precedents for establishing new doctrines vis-à-vis humanitarian intervention, and in doing so, variously note the pros and cons of such actions and focus attention on the issue of sovereignty. The issue of the 1999 NATO Kosovo intervention is mentioned repeatedly as the authors discuss the tension between the protection of sovereignty and the necessity of humanitarian action.
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The book is comprised, in part, of the following: “Introduction” by Robert O. Keohane; Part I. The Context for Humanitarian Intervention: 1. “The Humanitarian Intervention Debate” by J. L. Holzgrefe; Part II. The Ethics of Humanitarian Intervention: 3. “The Liberal Case for Humanitarian Intervention” by Fernando R. Teson; 4. “Reforming the International Law of Humanitarian Intervention” by Allen Buchanan; Part III. Law and Humanitarian Intervention: 5. “Changing the Rules about Rules?: Unilateral Humanitarian Intervention and the Future of International Law” by Michael Byers and Simon Chesterman; 6. “Interpretation and Change in the Law of Humanitarian Intervention” by Thomas M. Franck; 7. “Humanitarian Intervention: Incremental Change Versus Codification” by Jane Stromseth; Part IV. The Politics of Humanitarian Intervention: 8. “Political Authority After Intervention: Gradations in Sovereignty” by Robert O. Keohane; and 9. “State Failure and Nation-building” by Michael Ignatieff. 1518. Honig, Jan Willem, and Both, Norbert (1996). Srebrenica: Record of a War Crime. London: Penguin. 204 pp. The authors provide a detailed account of the genocide perpetrated by Bosnian Serbs at Srebrenica—a so-called “safe area”—in July 1995. Despite clear warnings and the presence of UN troops, the Serb forces deported some twenty thousand Muslim women and children, and murdered approximately eight thousand unarmed Muslim boys and men. In addition to delineating the specifics of the genocide, the authors examine the incoherent Western plans that led up to the slaughter and the failure of the “safe areas” policy and Western intervention as a whole. The book is comprised of three parts and eight chapters: Part One: The Fall of Srebrenica, July 1995 (1. “The Attack”; 2. “The Deportation”; 3 “The Massacre”); Part Two: Srebrenica, Safe Area (4. “The First Srebrenica Crisis, March-April 1993”; 5. “‘Mission Impossible’: Designing a SafeArea Policy”; 6. “’A Principled Course’: The Dutch and Srebrenica”); Part Three: Countdown to Massacre (7. “’Breaking the Machine’: The Search for a New UNPROFOR Strategy”; and 8. “’Negotiating with a Mafia Boss’: The Frasure-Milosevic Talks”); and Post Mortem. 1519. Hopkins, Raymond F. (1995). “Anomie, System Reform, and Challenges to the UN System,” pp. 72–97. In Milton J. Esman and Shibley Telhami (Eds.) International Organizations and Ethnic Conflict. Ithaca, NY: Cornell University Press. In this chapter, Hopkins, professor of Political Science at Swarthmore College, primarily focuses on the UN system and how it deals with ethnic conflict. In doing so, he argues that the normative order has declined and
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that a major result has been the overburdening of the United Nations. More specifically, he states that I contend that the Cold War provided international norms based on structured antagonisms. In the absence of these antagonisms, the norms have weakened, and anomie has increased. It has become more difficult for states and IOs [International Organizations] to recognize their interests and pursue them through prudent action. In this situation ethnic conflicts and other dangers . . . pose increased threats to peace and stability in the international system with declining domestic support and unclear interests; however, states are less able to take unilateral or common state-level action against these threats. The result is that more states expect IO intervention to solve problems related to international public good. (pp. 73–74)
In his conclusion, Hopkins states that Leaders of majore states of the world and UN officials have urged changes to expand IO responsibilities. These include multilateral procedures for authorizing intervention, to be backed by additional resources for international use in managing ethnic conflicts. . . . Reconstruction of the meaning of sovereignty to incorporate toleration of humanitarian intervention and to recognize degrees of sovereignty (rather than a yes/no reality) is also recommended. (p. 97)
1520. Hosmer, Stephen T. (2001). The Conflict Over Kosovo: Why Milosevic Decided to Settle When He Did. Washington, D.C.: RAND Corporation. 162 pp. This book is comprised of the following parts and chapters: chapter One: “Introduction”; Part 1: Why Milosevic Didn’t Settle Earlier; chapter Two. “He Assumed Accepting Rambouillet Terms Would Endanger His Rule” (Milosevic Had Major Stakes in Kosovo, Some Rambouillet Terms Would Have Been Unacceptable to the Serb Public, Accepting Rambouillet Would Have Been Dangerous for Milosevic); chapter Three: “He Assumed He Could Force NATO to Offer Better Terms” (Milosevic Had Reason to Expect the Bombing to Be Limited, Milosevic Believed He Could Force a Halt to the Bombing and Garner Better Terms); Part II: Why Milosevic Decided to Settle on June 3; chapter Four: “He Realized That His Hoped-For Leverage on NATO Had Evaporated” (Ethnic Cleansing Did Not Produce the Leverage Expected, NATO Remained United and Resolute, Russia’s Support for the FRY Dissolved); chapter Five. “Bombing Produced a Popular Climate Conducive to Concessions,” (The Initial Public Reaction to the Bombing Was Surprise and Angry Defiance; After a Month of Bombing, Public Attitudes Began to Change; Concerns About Casualties Provoked Antiwar Demonstrations in Milosevic’s “Heartland”; Bombing Prompted Calls from Party Leaders and Elected Officials for a Negotiated Settlement; The Final Peace Settlement Was Met with Relief; Bombing Made Concessions
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Politically Feasible); chapter Six. “Damage to ‘Dual-Use’ Infrastructure Generated Growing Pressure” (The Damage to Serbia’s Infrastructure and Economy Was Becoming Severe, Attacks Were Perceived as Aimed at Weakening Milosevic’s Control Mechanisms, The Bombing Imposed Stress, Hardships, and Costs on the Ruling Elite); chapter Seven. “Damage to Military Forces and KLA ‘Resurgence’ Generated Little Pressure” (NATO’s Objectives in Attacking Military Targets, Much Above-Ground Military Infrastructure Was Destroyed, The Serbs Adopted Countermeasures to Reduce Damage to Their Military Structure); Armor, Artillery, and Troops Survived the War Largely Intact; Serb Forces in Kosovo Were Able to Carry Out Most of Their Missions; The Bottom Line Concerning Attacks on Purely Military Targets); chapter Eight. “He Expected Unconstrained Bombing if NATO’s Terms Were Rejected” (NATO’s Terms Were Seen as a Russian-Backed Ultimatum, Why Serbia’s Leadership Found the Threat of Unconstrained Bombing Credible, Milosevic Feared Unconstrained Bombing Might Endanger His Rule); chapter Nine. “He Probably Also Worried About Threat of Future Invasion” (Invasions Appeared a More Distant Threat, Indications That Ground Attack Was Being Contemplated Probably Worried Belgrade Leaders, Serb Leaders May Have Realized That Invasions Would Be Preceded by Intensified Bombing); chapter Ten. “He Believed NATO’s Terms Provided Him With Some Political Cover” (Rambouillet Compared to the June 10 Agreement; Milosevic Proclaimed Victory); Part III: Concluding Observations. Chapter Eleven. “Concluding Observations” (Air Power’s Contributions Were Crucial; The Conditions Prompting the Serbs to Settle Were Also Evident in Other Conflicts; Milosevic’s Decision to Yield Depended on Developments That Took Time to Mature; NATO and Serb Leaders Perceived Strategic Bombing Differently; Maintaining Capabilities to Coerce Future Adversary Leaders). Bibliography. “Drawing upon the testimony of Milosevic and other Serb and foreign officials who directly interacted with the Yugoslav president, Hosmer analyzes the various factors and pressures that appear to have most heavily shaped Milosevic’s decision making. The analysis offers insights into the capabilities that the United States and its allies will need for future coercive operations.” 1521. Hüfner, Klaus (Ed.) (1995). Agenda for Change: New Tasks for the United Nations. Leverkusen: Lerke, and Budrich. 312 pp. This collection of essays resulted from the “New Tasks for the United Nations” project organized by the International Institute for Peace (1993–1994). The book is divided into three sections: Retrospect and Prospect, the Security Council, and Economic and Social Changes. The Report of the Independent
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Working Group on the Future of the United Nations is appended to the end of the book. The major focus of the collection of papers is on the various changes needed within the United Nations to make it more efficient and just—and how to best to bring them about without wholesale alternation of the UN Charter. Most of the authors are extremely pessimistic concerning the possibility that the major powers will agree to, let alone implement, the suggested changes made herein. Many argue that the concept of an inviolate state sovereignty is insurmountable. One author, Bertrand, wisely suggests that merely making changes in the system is inadequate, and that an entirely new approach is needed—one that confronts and deals with the realities of the present. 1522. Human Rights Watch (2001). Under Orders: War Crimes and Kosovo. New York: Author: 593 pp. This massive report documents the murders, rapes, forced expulsions, and other war crimes and crimes against humanity committed by Serbian and Yugoslav government forces against Kosovar Albanians between March 24th and June 12th, 1999, the period of the North Atlantic Treaty Organization’s (NATO) air campaign against Yugoslavia. The report documents a coordinated and systematic campaign to terrorize, kill, and expel the ethnic Albanians of Kosovo that was organized by the highest levels of the Serbian and Yugoslav governments in power at that time. The report also describes serious abuses committed by the Kosovo Liberation Army, which abducted and murdered civilians during and after the war—as well by NATO, which failed to adequately minimize civilian casualties during its bombing of Yugoslavia. That said, the primary focus is the Serbian and Yugoslav state-sponsored violence inflicted against the ethnic Albanian civilians. 1523. Human Rights Watch (1999). A Week of Terror in Drenica: Humanitarian Law Violations in Kosovo. New York: Washington, D.C.: Author. 102 pp. This is a report—and a call to action—in regard to massacres committed by Serbian and Yugoslav government forces during the last week of September 1998 in Kosovo’s Drenica region. In addition to providing detailed accounts of the various massacres, the authors present a set of specific recommendations to the Yugoslav government, the Kosovo Liberation Army (KLA), the United Nations, the International Criminal Tribunal for Yugoslavia, and the Organization for Security and Cooperation in Europe (OSCE). The book concludes with a section entitled the “Role of the International Community” (International Response to the Massacres; The Holbrooke-Milosevic
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Agreement and the OSCE Kosovo Verification Mission (KVM); the Work on the International Criminal Tribunal for the Former Yugoslavia; and the Work of Forensic Teams in Kosovo). 1524. Independent International Commission on Kosovo (2000). Kosovo Report: Conflict, International Response, Lessons Learned. New York: Oxford University Press. 372 pp. This report attempts to answer a number of key questions, such as why the international community was unable to act earlier and prevent the escalation of the conflict in Kosovo. It also examines the capacity of the United Nations to act as global peacekeeper. In the introduction, it is stated that The Commission came to two main conclusions. One was that NATO intervention in Kosovo was illegal but legitimate. It was illegal, because it did not receive prior approval from the United Nations Security Council. It was legitimate because while egregious human rights violations were taking place, all diplomatic avenues had been exhausted. And thus, Kosovo was liberated as a consequence of the intervention, and the oppression of Kosovar Albanians was ended, and all those who had been expelled by Yugoslav forces during the war were able to return to their homes. The other conclusion was that Kosovo should be given the status of “conditional independence.” This means a self-governing Kosovo, outside the Federal Republic of Yugoslavia (FRY), but within a specific international framework in which the international community retains responsibility for the security of borders and for overseeing the protection of minorities. (pp. 9–10)
The book is comprised of three parts and ten chapters: Part I: What Happened? 1. “The Origins of the Kosovo Crisis”; 2. “Internal Armed Conflict: February 1998-March 1999”; 3. “International War Supervenes: March 1999-June 1999”; 4. “Kosovo under United Nations Rule”; Part II: Analysis. 5. “The Diplomatic Dimension”; 6. “International Law and Humanitarian Intervention”; 7. “Humanitarian Organizations and the Role of Media”; 8. “Kosovo: The Regional Dimension”; 9. “The Future Status of Kosovo”; and Part III: Conclusion. 10. “Conclusion.” Included among the host of appendices are the following: “Documentation of Human Right Violations”; “Kosovo—Facts and Figures”; “The Rambouillet Agreement—A Summary”; “The Ahtisaari-Chernomyrdin Agreement—A Summary”; “UN Resolutions 1244”; “The Commission’s Work”; “Literature on Kosovo and the Crisis”; and “Acronyms.” 1525. Institute on the Holocaust and Genocide (January-February 1985). “Special Double Issue on the Whitaker Report to the U.N.” Internet on the Holocaust and Genocide. No. 3-4, 14 pp.
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This special issue focuses on the contents and significance of the Whitaker Report, which constituted a major review of the status of the U.N. Convention on Genocide and key issues pertaining to the prevention and intervention of genocide. 1526. International Commission on Intervention and State Sovereignty (2001). “Intervention.” In The International Commission on Intervention and State Sovereignty’s The Responsibility to Protect: Research, Bibliography, Background: Supplementary Volume to the Report of the International Commission on Intervention and State Sovereignty. Ottawa, ON, Canada: International Development Research Centre. This is a highly informative section of one of the most, if not the most, detailed and significant reports of late on the issues of intervention and state sovereignty. It addresses the following issues: Meaning of Intervention, The Concept of Humanitarian Intervention, Military Intervention and the UN Charter, Nonmilitary Interventions, and Contemporary Debate. 1527. International Commission on Intervention and State Sovereignty. (2001). “Interventions After the Cold War,” pp. 79–126. In The International Commission on Intervention and State Sovereignty’s The Responsibility to Protect: Research, Bibliography, Background: Supplementary Volume to the Report of the International Commission on Intervention and State Sovereignty. Ottawa, ON, Canada: International Development Research Centre. This section of one of the most, if not the most, detailed and significant reports of late on the issues of intervention and state sovereignty addresses the following interventions: Liberia, 1990–1997; Northern Iraq, 1991; The Former Yugoslavia, 1992–; Somalia, 1992–1993; Rwanda and Eastern Zaire, 1994–1996; Haiti, 1994–1997; Sierra Leone, 1997– ; Kosovo, 1999– ; and East Timor, 1999–. In their introduction, the authors state that The focus of this essay is on military interventions conducted in the 1990s against the wishes of a government, or without meaningful consent, but with purported humanitarian justifications. Cases where both these criteria are met amount to “humanitarian interventions,” which are classically seen as “coercive action by one or more states involving the use of armed force in another state without the consent of its authorities, and with the purpose of preventing widespread suffering or death among the inhabitants.” (p. 79)
1528. International Commission on Intervention and State Sovereignty. (2001). The Responsibility to Protect: Report of the International Commission on Intervention. Two Volumes. Ottawa: International Development Research Centre. 110 pp. (Volume 1) and 426 (Volume 2).
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Volume 1, The Responsibility to Protect is a valuable book that reflects the effort by the International Commission on Intervention and State Sovereignty (established by the government of Canada and a group of major foundations) to erect a conceptual bridge between issues related to intervention and sovereignty. In developing the book, the aim of the twelve member committee was to develop a framework that delineates (1) the complexities and problems inherent in intervention and (2) effective ways to intervene in humanitarian crises. The committee consulted policy makers, government leaders, and scholars from across the globe, and the insights and suggestions of the latter are reflected in the report. Volume 2, which was developed under the leadership of Thomas Weiss and Don Hubert, includes background information, research findings, and a major bibliography that addresses a wide range of issues (conceptual, ethical, legal, political, and operational) related to intervention. What is particularly unique about the work of the International Commission is that it—following careful and close interpretation of the United Nations Charter, international law, and the sea-change in perspective as a result of the human rights regime of the latter half of the twentieth century—reconceptualized the concept of “sovereignty” to be understood as “the responsibility of a states to protect its citizens (especially those most at risk)—and, in the case where a state fails, for whatever reason, to protect all of its citizens, then—and only then—can the international community intervene for the express purpose of protecting the population at risk. 1529. International Journal of Human Rights (IJHR) (2003). “Forum: The International Commission on Intervention and State Sovereignty.”The International Journal of Human Rights, Autumn, 7(3). This issue of IJHR includes three articles about the 2001 report by the International Commission on Intervention and State Sovereignty (ICISS): “Intervention: One Step Forward in the Search for the Impossible” by Adam Roberts; “Responsibility to Protect and the Limits of Imagination” by Daniel Warner; and “Reply in Defense of the Responsibility to Protect” by Ramesh Thakur. 1530. Jakobsen, Peter Viggo (2000). “Reinterpreting Western Use of Coercion in Bosnia-Herzegovina: Assurances and Carrots Were Crucial.” The Journal of Strategic Studies, June, 23(2):1–2. Herein, the author discusses how “assurances and carrots accompanied credible threats every time Western coercion succeeded in Bosnia” (p. 1) in the 1990s. He goes on to state that “This finding is hardly surprising as it merely confirms earlier research on coercive diplomacy, but it is
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nevertheless important because the crucial role played by assurances and carrots has been completely ignored in most analyses to date. It also has important policy implications at a time when Western, and particularly American, policy-makers tend to ignore this fact at their peril. US policy towards Iraq and Western policy towards Yugoslavia have been based almost exclusively on the stick in recent years, and its lack of success is therefore not surprising” (p. 1). The article is comprised of two main sections: Constructing a Theoretical Framework, and Western Use of Threats of Force in Bosnia-Herzegovina. 1531. Jentleson, Bruce W. (2000). “Part Four—Normative Dilemma: Sovereignty as Rights versus Sovereignty as Responsibility,” pp. 18–23. In Bruce W. Jentleson’s Coercive Prevention: Normative, Political and Policy Dilemmas. Washington, D.C.: United States Institute of Peace. Jentleson presents a significant discussion of the basic differences between “sovereignty as rights” and “sovereignty as responsibility”; and in doing so, he delineates “how the prevailing conception of sovereignty [has] changed over time” (p. 19). In making his argument, Jentleson observes and then states that The traditional conception of sovereignty as rights attributes to states jurisdictional exclusivity within their own borders and grants very limited and narrowly construed bases of legitimacy for other actors, whether another state or an international institution, to intervene in any form in what in their territorial locus are considered domestic affairs. . . . With regard to the 1945–90 period, many point to Article 2(7) of the UN Charter as the embodiment of sovereignty as rights: “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of the state.” [However,] while strict constructionists are quick to cite Article 2(7), numerous other portions of the UN Charter as well as other sources provide normative legitimacy and legal basis for the competing conception of “sovereignty as responsibility.” This emphasis on the responsibilities that come with sovereignty is founded at the most fundamental level on a conception of the individual, not the state, as the “right and duty bearing unit in international society.” It is to be stressed that the rights and responsibilities conceptions of sovereignty are not dichotomous, but rather mark out a continuum along which there are gradations and conditionalities . . . [A]cross a range of historical periods “the principle of non-intervention that is implied in the concept of sovereignty was conditional on states adhering to specific standards of behavior. . . . ” Thus as a matter of the rights of groups and individuals who constituted states, the functionality argument now works against a strict constructionist approach to states rights. (pp. 19, 20, 21)
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1532. Jentleson, Bruce W. (1997). “Who, Why, What, and How: Debates Over Post-Cold War Military Intervention,” pp. 39–70. In Robert J. Lieber (Ed.) Eagle Adrift: American Foreign Policy at the End of the Century. New York: Longman. Jentleson, professor of Political Science at the University of California, Davis, “ . . . reviews and analyzes the debates on four fundamental questions as they have played out thus far during the [U.S.] Clinton Administration (1992– ): • Who among the president, Congress, and public opinion should have what voice in deciding whether the United States should use military force? • Why should the United States even consider such action? What are the vital interests and values that warrant it? • What strategies are needed to make military force effective when it is used? and, • How should such strategies be carried out in terms of the respective roles of the United States, other major powers, the United Nations, and regional multilateral organizations?” (pp. 40–41)
In addressing each of the issues, Jentleson makes a distinction between the structural and behavioral dimensions of the problem. By the structural, he means “the dilemmas that are inherent in each or structured into them” (p. 41). By behavioral, he means those “aspects more directly attributable to the policies of the Clinton Administration, be they policy successes or failures” (p. 41). 1533. Johnson, James Turner (1999). Morality and Contemporary Warfare. New Haven, CT: Yale University Press. 259 pp. In this book, Johnson, professor of religion and a member of the graduate program in political science at Rutgers University, examines such questions as: “When is the use of military force by a nation morally justified?” and “How can the tendency toward unrestrained warfare between parties with major cultural differences be controlled?” The book is comprised of the following seven chapters: 1. “Politics, Power, and the International Order”; 2. “Conditions for Just Resort to Armed Force: Just Cause, Competent Authority, and Right Intervention in Historical and Contemporary Context”; 3. “The Question of Intervention”; 4. “War Against Noncombatants”; 5. “Conflicts Inflamed by Cultural Differences”; 6. “War Crimes and Reconciliation after Conflict”; and 7. “Conclusion: Reshaping and Affirming a Consensus on the Purposes and Limits of War.” 1534. Jones, Adam (2006). Genocide: A Comprehensive Introduction. New York: Routledge. 256 pp.
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The last section of this book (Part. 4. The Future of Genocide) by Jones, a Professor in the División de Estudios Internacionales, Centro de Investigación y Docencia Econmicas (CIDE) in Mexico, includes one chapter that deals with the prevention and intervention of genocide: chapter 18. “Strategies of Prevention and Intervention.” 1535. Jones, Bruce D. (1999). “Military Intervention in Rwanda’s Two Wars: Partisanship and Indifference,” pp. 116–145. In Barbara F. Walter and Jack Snyder (Eds.) Civil Wars, Insecurity, and Intervention. New York: Columbia University Press. In his introduction, Jones argues, and then explains, that Security forces played an important part in the connection between Rwanda’s two wars. Fear of loss of “security” in the broadest sense—economic, political, positional—was part of the motivation for the oligarchy’s strident opposition to negotiated change. In many cases such “fears” were indistinguishable from greed and predatory motives. More narrowly defined security fears—of being held accountable for past abuses, of a later coup by the RPF—reinforced (though did not generate) opposition from the oligarchy to negotiated peace. Most important, the oligarchy played on and played up the security fears of the broader population in the face of the military war in order to mobilize support for their regime and undermine moderate, negotiated political alternatives. In other words, predatory elites with broad security fears and predatory motives constructed a narrow security dilemma at the mass level, to support their hostile opposition to peace. Security fears were present in Rwanda, and were part of what caused the violent repudiation of negotiated peace, but even more important, security fears were tools of war in the hands of a predatory elite. This argument is explored in three sections. The first traces developments in the military and political wars, culminating when the two fused during the genocidal months of the summer of 1994, the second explores the course, and the failure, of military intervention, and the third examines the role played by security fears, real and constructed. (p. 116)
The essay is comprised of the following sections: Introduction; Rwanda’s Two Wars: Military and Political Developments, From Insurgency to Genocide (The Military War: The RPF Takes on the Rwandan State; Political War: The Oligarchy Versus All-Comers; and Manipulation of Ethnicity, Manipulation of Fear, and the Construction of Genocide); Military Interventions and War Termination in Rwanda: Innovation and Failure (Innovation and Experimentation; A Brief Account of Interventions in Rwanda; and Explaining the Failure: Differing Politics and Political Indifference); and Security Fears as a Tool of War. 1536. Jones, Bruce D. (2001). Peacemaking in Rwanda: The Dynamics of Failure. Boulder, CO: Lynne Rienner Publishers. 208 pp.
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Jones, formerly an official at the UN’s office for the coordination of humanitarian affairs, “traces the individual and collective impact of both official and nonofficial mediation efforts, peacekeeping missions, and humanitarian aid to forestall genocidal violence in Rwanda in 1994 [and why such efforts] failed so miserably. Providing theoretical and empirical evidence, he [argues] that the failure of the peace process was not the result of a lack of effort, or even the weakness of any particular effort. Rather, [he argues], it was due to a combination of factors: the lack of connections among the various attempts at conflict resolution; the intransigence of the warring parties; the lack of a coherent strategy for managing spoilers in the peace process; and weak international support.” The book is comprised of the following chapters: 1. “Introduction: The Rwandan Civil War in Context”; 2. “War and Genocide”; 3. “Early Peacemaking Efforts: Regional Prenegotiation”; 4 “The Arusha Negotiations: Mediation and Facilitation”; 5. “UN Peacekeeping and the Collapse of Arusha: Implementation Efforts”; 6. “Genocide, Crisis, and the Renewal of War: The Consequences of Failure”; and 7.”The Dynamics of Peacekeeping in Rwanda: Conclusions and Implications.” 1537. Kanter, Arnold, and Brooks, Linton (Eds.) (1994). U.S. Intervention Policy for the Post Cold War World: New Challenges and New Responses. New York: W.W. Norton & Co. 247 pp. This book is comprised of the following: “Introduction” by Brooks and Kanter; 1. “A Typology of Post-Cold War Conflicts” by Coit D. Blacker; 2. “Challenge and Response: Coercive Intervention Issues” by William H. Lewis; 3. “Adapting Conventional Military Forces to the New Environment” by John O. B. Sewall; 4. “New Applications of Nonlethal and Less Lethal Technology” by Richard L. Garwin; 5. “’New’ Approaches to Economic Sanctions” by Kimberly Ann Elliott and Gary Clyde Hufbauer; 6. “New Techniques of Political and Economic Coercion” by Timothy R. Sample; 7. “A Framework for Interventionism in the Post-Cold War Era” by Fareed Zakaria; and 8. “Organizing the Government to Provide the Tools for Intervention” by James G. Roche and George E. Pickett Jr. 1538. Karns, Margaret P., and Mingst, Karen A. (2001). “Peacekeeping and the Changing Role of the United Nations: Four Dilemmas,” 215–237. In Ramesh Thakur and Albrecht Schnabel (Eds.) United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. Tokyo: United Nations University Press. The four dilemmas that the authors note and then address are: (1) the types of conflicts that demand the United Nation’s attention, “that is the shift from
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interstate to more intrastate or internal conflicts, to Article 2(76) of the UN Charter, and to the norm of non-intervention in a state’s internal affairs” (p. 216); (2) changing international expectations about the responsibilities of states and of the international community for halting gross and systematic violations of human rights with grave humanitarian consequences; (3) the change in the number and types of actors engaged in complex peacekeeping operations, “raising issues of coordination and legitimacy” (p. 216); and (4) the critical need for leadership and “the diffusion of both power and willingness of states, and especially the USA as the sole superpower, to commit” (p. 217). 1539. Kaufman, Joyce P. (1999). “NATO and the Former Yugoslavia: Crisis, Conflict and the Atlantic Alliance.” The Journal of Conflict Studies. Fall, 19(2): 5–38. In her conclusion, Kaufman, professor of Political Science at Whittier College in California, states that Despite the lessons of Bosnia, despite the clear indications that crisis was imminent, in the case of Kosovo, NATO still waited until armed conflict erupted before getting involved, and as was true with Bosnia, then reacted to the circumstances. Alliance leaders once again sought diplomatic and negotiated settlements before authorizing the use of force, holding out the threat of NATO military strikes should negotiations fail. But, as in the past, diplomatic initiatives continued long after it became apparent that they would come to naught, especially in the case of a leader like Slobodan Milosevic.” (p. 33)
1540. Kaufmann, Chaim (2000). “Possible and Impossible Solutions to Ethnic Civil Wars,” pp. 265–304. In Michael E. Brown, Owen R. Coté Jr., Sean M. Lynn-Jones, and Steven E. Miller (Eds.) Nationalism and Ethic Conflict: An International Security Reader. Cambridge, MA: The MIT Press. This chapter, by Kaufmann, professor of international relations at Lehigh University, is comprised of the following sections and subsections: How Ethnic Civil Wars End (The Dynamics of Ethnic War, Identity in Ethnic Wars, Identifying Loyalties, The Decisiveness of Territory, Security Dilemmas in Ethnic Wars, Demography and Security Dilemmas, War and Ethnic Unmixing, Ethnic Separation and Peace); Theories of Ethnic Peace (Alternatives to Separation, Reconstruction of Ethnic Identities, Power-Sharing, StateBuilding, Ethnic Separation, How Ethnic Wars Have Ended); Intervention to Resolve Ethnic Civil Wars (Designing Settlements, Intervention Strategy, Bosnia and Rwanda and Burundi); and Objections to Ethnic Separation and Partition (Partition Encourages Splintering of States, Population Transfers Cause Suffering, Rump States Will Not Be Viable, and Partition Does Not Resolve Ethnic Hatreds).
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1541. Kaufmann, Johan; Leurdijk, Dick; and Schrijuer, Nico (1991). The World in Turmoil: Testing the UN’s Capacity. New York: The Academic Council on the United Nations System. 150 pp. Section 9 (The “Sovereignty” Issue: Fragmentation versus Integration, pp. 144–149) of Chapter 6 (“Conclusions: Towards a New World Order”) addresses issues related to “the changing significance of the nation-state” (including the fact that “an innovative interpretation of the UN Charter and of Article 2.7 in particular, as well as a gradually expanding interpretation of the UN human rights covenants, would increase the internationalization of ‘domestic’ conflicts”) (p. 147). 1542. Kaysen, Carl, and Rathjens, George (1996). Peace Operations by the United Nations: The Case for a Volunteer UN Military Force. Cambridge, MA: Committee on International Security Studies, American Academy of Arts and Sciences. 64 pp. Early on Kaysen and Rathjens note that “[r]ecent problems of intervention have, in a number of instances, been quite different than what was envisaged when the UN was organized and when the major concern was interstate conflict that might result from clearly identifiable aggression. While there have been wars since 1945 that fit this pattern, there have been more—e.g., Yugoslavia and Rwanda—where the issue is really one of civil war, often reflecting ethnic conflict. . . . These instances of conflict raise the issue not resolved in the writing of the UN Charter of the trade-off between, on the one hand, the respect for, and defense of, national sovereignty by the international community and, on the other, its collective responsibility for the well-being of people everywhere” (p. 9). The contents of this booklet are comprised of the following: “Peace Operations During the Cold War”; “The Changed Post-Cold War Environment for Peace Operations”; “The Challenges for the Future”; “The Question of a UN Military Force”; “Arguments for a Volunteer UN Force -- Six Case Studies: The Congo, Yugoslavia, Somalia, Cambodia, Rwanda, Haiti”; “What Are the Lessons?”; “What Kind of UN Standing Force?”; “The Wider Context”; “Appendix: Design for a Streamlined UN Legion.” 1543. Keller, Edmond J. (1998). “Transnational Ethnic Conflict in Africa,” pp. 275–292. In David A. Rothchild and Donald Lake (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. In his introduction, Keller, professor of Political Science at the University of California at Los Angeles, states that . . . the purpose of this essay is fourfold: first, to identify the origins and transformation of ethnic conflicts in selected African states that have on occasion
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become transnationalized; second, to identify the factors that contribute to the politicization of ethnicity and those that seem to explain why some incidents of politicized ethnicity spill over national borders and others do not; third, to identify the ways in which the most intense of ethnically based conflict have been dealt with by regional and international institutions; and fourth, to assess the increasing challenges posed to external and regional actors who might consider some form of intervention for the purpose of assisting in the management of domestic conflicts that have or could become transnationalized. (p. 275)
The chapter is comprised of the following sections and subsections: The Origins of Transnational Ethnic Conflict in Africa (Somali Irredentism, Southern Sudan Separatism, The Intervention of Tribalism in Rwanda and Burundi); Managing Transnational Ethnic Conflict in Africa (Conflict Elimination, and Conflict Management; and Policy Challenges of Transnational Ethnic Conflict in Africa). 1544. Kennedy, David (2004). The Dark Sides of Virtue: Reassessing International Humanitarianism. Princeton, NJ: Princeton University Press. 400 pp. Herein, Kennedy, Manley O. Hudson Professor of Law at Harvard Law School, “shares the satisfactions of international humanitarian engagement--but also the disappointments of a faith betrayed. Kennedy delineates a checklist of the unforeseen consequences, blind spots, and biases of humanitarian work—from focusing too much on rules and too little on results to the ambiguities of waging war in the name of human rights. He explores the mix of altruism, self-doubt, self-congratulation, and simple disorientation that accompany efforts to bring humanitarian commitments to foreign settings.” Based on Kennedy’s experience in numerous humanitarian efforts, the book examines campaigns for human rights, refugee protection, economic development, and for humanitarian limits to the conduct of war. The book is comprised of the following parts and chapters: Part I: The International Humanitarian as Advocate and Activist: chapter One. “The International Human Rights Movement: Part of the Problem”?; chapter Two. “Spring Break: The Activist Individual”; chapter Three. “Autumn Weekend: The Activist Community”; Part II: The International Humanitarian as Policy Maker: chapter Four. “Humanitarian Policy Making: Pragmatism without Politics?”; chapter Five. “The Rule of Law as a Strategy for Economic Development”; chapter Six. “Bringing Market Democracy to Eastern and Central Europe”; chapter Seven. “The International Protection of Refugees”; chapter Eight. “Humanitarianism and Force”; and Part III: What International Humanitarianism Should Become: and chapter Nine. “Humanitarian Power.”
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1545. Keren, Michael, and Sylvan, Donald A. (Eds.) (2001). Dilemmas of International Intervention. London: Frank Cass Publishers. 224 p. This collection of essays is interdisciplinary in nature and presents a balance between scholarly approaches and humanitarian concerns vis-à-vis the issue of intervention. Among the many questions that the various contributors address are: “Should sovereignty be respected under all conditions, or are there instances in which interference in a state’s internal affairs becomes not only a right, but a duty?”; “What responsibility do striking violations of international norms committed within a sovereign state pose to the international community?”; “What constitutes an international ‘community’ in this regard, and under what conditions and restraints should it intervene?”; and “What should be the role of domestic forces and international bodies in defining the need to intervene and how can justified intervention be distinguished from sheer breach of sovereignty?” 1546. Kinlock, Stephen P. (1997). “Utopian or Pragmatic? A UN Permanent Military Volunteer Force,” pp. 166–190. In Michael Pugh (Ed.) The UN, Peace and Force. London. Frank Cass and Company. In his conclusion, Kinlock, a Ph.D. candidate at the Graduate Institute of International Studies of Geneva, Switzerland, makes the following argument: Because the idea of a UN PMUF depends on the advent of a favorable context for its attainment, it has grown historically, re-emerged and evolved, like a Loch Ness monster of international relations, in direct connection with the development of international military force experiments. The revival of the PMUF concept after Rwanda [e.g., the 1994 Rwandan genocide] is inherently controversial, for it is both utopian and pragmatic. If implemented, it could provide the UN not only with a real rapid reaction military force, but also with an adequate instrument to carry out humanitarian interventions. Yet it is also essentially utopian in that it reflects the character of the project on which it is to be built, the UN as a universal system for maintaining peace and its most recent avatar, the humanitarian utopia. Assuming [the PMUF] ever materializes within the binding limits of reality, the ideas as presented today will not completely solve the fundamental contradictions of the UN and humanitarian intervention but rather will reproduce these contradictions and make them even more conspicuous, calling, in turn, for new solutions. Moreover, such a call for the immediate implementation of the idea risks seriously underestimating the constraints under which the UN has to operate at a given time and upon which the idea is heavily dependent for its realization. Bluntly rejecting the idea as utopian, while rightly pointing out the limits of the concept, does not solve the real problem it tries to tackle—that is, the paradox of an organization reduced to beg its support from states on a case by case basis to carry out urgent missions. Such an attitude,
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by giving the illusion of avoiding the contradiction, only pushes it further, unsolved. (pp. 184–185)
The sections of the essay are entitled as follows: A UN Permanent Military Force: A Pragmatic Solution? (Challenges and Objectives, Availability and Rapid Deployment of Means, Requirements for Intervention, The Dilemmas, Advantages and Consequences of a UN Permanent Military Volunteer Force); and A Permanent Volunteer Force: A Utopian Proposal? (As a Military Force, As a Permanent Force, As a Volunteer Force, As a Humanitarian Force, As a United Nations Force, Circumstantial Obstacles and Fundamental Contradictions). 1547. Kirgis, Frederic L. (1995). “The Security Council’s First Fifty Years.” American Journal of International Law, 89(3):506–539. Kirgis, professor of Law at Washington and Lee University, examines the normative evolution of the U.N. Security Council, from Dumbarton Oaks and San Francisco to the post-cold war world of 1995. In doing so, he deals with generic issues that thread their way through the Council’s practice, and then addresses such functional matters as the adoption of quasi-legislative acts and quasi-judicial determination in the contexts of peace maintenance, enforcement measures, and peacekeeping. 1548. Klinghoffer, Arthur Jay (1998). The International Dimension of Genocide in Rwanda. Washington Square, New York: New York University Press. 219 pp. Part VI of this book contains three chapters germane to the issue of intervention: “Humanitarian Intervention,” “A Comparative Perspective,” and “Sovereignty’s Death Throes.” At the outset of chapter 14, “Humanitarian Intervention,” Klinghoffer writes that States are finding it increasingly difficult to claim domestic jurisdiction in order to prevent external intervention in their affairs based on concern about human rights violations or genocide. Conceptual models grounded on an interdependent world order, and a shared international morality, are therefore used to justify humanitarian intervention. It is evident, however, that the mechanisms needed to carry out humanitarian intervention successfully are still in the process of being developed. This is especially true of those activated by the [UN] Security Council. Rwanda [1994] therefore represents a case of an accepted theory in search of a practice. (p. 131)
The chapter is divided into the following sections: “Statism in Decline,” “Legitimizing Action,” Humanitarian Realism,” and “The Rwandan Imbroglio.”
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In the introduction to chapter 15, “A Comparative Perspective,” Klinghoffer writes: In early 1979, the governments of Cambodia and Uganda were overthrown. Under Pol Pot and Idi Amin, respectively, they had engaged in the mass killing of civilians; their denouements were brought about through military intervention of bordering states, Vietnam and Tanzania. Although genocide was proclaimed as a motivating factor in both cases, neither Vietnam nor Tanzania cited humanitarian intervention to justify its role. The context of international law and diplomacy differed from the post-Cold War Rwandan situation, and it is therefore instructive to investigate the two most significant examples of intervention against murderous regimes in order to understand the changing perception since that time regarding the concept of sovereignty and the principle of humanitarian intervention. (p. 141)
Among the sections that comprise this chapter are: “The Vietnamese Intervention,” “The International Dimension,” “The Tanzania Intervention,” “Continental and External Reactions,” and “Lessons from the Past.” 1549. Knudsen, Tonny Brems (1997). “Humanitarian Intervention Revisited: PostCold War Responses to Classical Problems,” pp. 146–165. In Michael Pugh (Ed.) The UN, Peace and Force. London: Frank Cass and Company. The abstract to Knudsen’s (a research fellow in the Department of Political Science at the University of Aarhus in Denmark) essay reads as follows: Ever since the idea of humanitarian intervention was born in the minds of preWestphalian writers like Grotius, Gentili and Suarez, it has been disputed in the theory and practice of international relations on the grounds that it threatens the institutional bases of international order. [To address these concerns and to assess the seriousness of them, this essay] discusses the distinction between “systemic” problems threatening the working of international society and operational problems threatening the successful implementation of the given intervention. While the traditional fear of undermining international order should not be taken to be a decisive argument against humanitarian intervention, the recent attempts to realize the ideals of humanitarianism have in some cases been severely plagued by operational problems like military stalemate and poor humanitarian results. Thus, when dealing with serious humanitarian crises like the recent ones . . . in Bosnia, the cautious approach of extended peacekeeping appears to be a poor substitute for the Grotian ideal of full-blown humanitarian intervention in the defense of the suffering. (p. 146)
The essay is comprised of the following sections: The Grotian Doctrine of Humanitarian Intervention, The Problems of Humanitarian Intervention, The Post-Cold War Doctrine of Humanitarian Intervention, and The Pros and Cons of the Post-Cold War Doctrine of Humanitarian Intervention.
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1550. Kober, Stanley (2000). “Setting Dangerous International Precedents,” pp. 107–119. In Ted Galen Carpenter (Ed.) NATO’s Empty Victory: A Postmortem on the Balkan War. Washington, D.C.: CATO Institute. In his conclusion, Kober, a research fellow in foreign studies at the CATO Institute, argues that . . . the issue is not the legitimacy of humanitarian intervention as such but rather the procedure by which such intervention is undertaken. The appropriate procedure is prescribed in Article 39 of the UN Charter: “The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace.” If the United States and its allies now feel that, in the post-Cold War world, they no longer have to honor that provision of international law, they should have no illusions about the result. Other countries are not going to roll over and play dead. The world will divide once again, and the century will end the way it began, primed for major conflict. (p. 117)
1551. Kolodziej, Edward A. (2000). “The Great Powers and Genocide: Lessons from Rwanda.” Pacifica Review, 12(2):121–145. This article is comprised of three main sections: 1. a summary of the “prevailing, if circumscribed, moral and legal consensus against genocide—accompanied with three lines of argument to broaden the foundation of this consensus” (p. 120); 2. an examination of the Rwandan genocide and an identification of the main political and strategic constraints that were at play in the failure of the United Nations and the great powers to, both in the past as well as in the present, adequately address the matter of genocide; and 3. a proposal that suggests how the UN’s capacity could be strengthened in order to create an effective anti-genocide regime. While agreeing with some that there is little likelihood that a rapid action force under the auspices of the United Nations will come to fruition some time in the near future, he does delineate how an anti-genocide regime could be strengthened through a variety of proposals: “(1) strengthening UN intelligence capabilities; (2) enhancing the UN’s capacity for local political risk analysis; (3) clarifying the criteria for applicable responses under Chapter VI and VII of the UN Charter; (4) creating a military staff committee; (5) strengthening the earmarking of military forces from national contingents for Chapter VI and VII security operations; and (6) developing closer liaison and joint planning operations between the United Nations and regional security organizations and their member states” (139). Kolodziej discusses each component in a fair mount of detail.
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1552. Krasner, Stephen D. (1997). “Pervasive Not Perverse: Semi-Sovereigns as the Global Norm.” Cornell International Law Journal, 30(3):651–680. Written by a professor of Political Science at Stanford University, this is a thought-provoking article worthy of examination by all of those concerned with the issues of massive human rights violations, genocide, and intervention. In his conclusion, Krasner argues that The assumption that the international system is composed of independent, autonomous, recognized, effective states is a wonderfully simplifying assumption for both legal reasoning and social science analysis. In many instances this assumption has provided a deeper understanding of interactions in the international environment. But for many other problems, especially issues related to minority and human rights, it has blinded observers to the multiple ways in which sovereignty has actually been manifest. There have been states with domestic sovereignty but not international legal sovereignty, with international legal sovereignty but not Westphalian sovereignty, and with Westphalian sovereignty but not domestic sovereignty. . . . Some violations of concepts of sovereignty have been stable; others have not. The only compromises of Westphalian sovereignty that have proven to be stable are ones that have been achieved through voluntary contracts among states. Coercion has not worked. (p. 679)
1553. Krasner, Stephen D., and Froats, Daniel T. (1998). “Minority Rights and the Westphalian Model,” pp. 227–250. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. In their introduction, Krasner (Graham H. Stuart Professor of International Relations at Stanford University) and Froats (a MacArthur Fellow at the Center for International Security and Arms Control at Stanford University) argue that The view that developments [in the world] signal a fundamental change in how international relations are ordered in fact—rather than theory—is myopic both empirically and analytically. Empirically the view that international concerns for minority rights represent a substantially new development ignores the long history of external involvement in the treatment of minorities within states. Relations between ruler and ruled have been an enduring international concern. The principles of nonintervention and territoriality, which define the Westphalian model, have persistently been challenged by alternative principles such as universal human rights, toleration, and ethnic determination. Every major peace settlement of the modern period has addressed the fate of minorities, defined in terms of religious affiliation and later ethnic identity. With the end of the Cold War, minority rights have again become a focus of international concern. (pp. 227–228)
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The chapter is comprised of the following sections: Protecting Minorities in a Westphalian Default System, Christian Minorities in the Islamic World, Religious Toleration in Early Modern Europe, The Balkans in the Nineteenth Century, Minority Protection in the Versailles Settlement, Minority Protection After 1945, and Minority Protection After the Cold War. 1554. Kull, Steven, and Destler, I. M. (1998). Misreading the Public: The Myth of a New Isolationism. Washington, D.C.: The Brookings Institution Press. This book is comprised of the following parts and chapters: 1. “The Puzzle”; Part One: The Gap; 2. “America’s Role in Today’s World”; 3. “The United Nations”; 4. “UN Peacekeeping”; 5. “Foreign Aid”; 6. “Defense Spending”; Part Two: Challenging the Gap; 7. “Letting Policy Practitioners Ask the Questions”; 8. “How the Public Makes Budgetary Trade-Offs”; 9. “Does Congress Mirror the Public?”; Part Three: Explaining the Gap; 10. “Why Do Policy Practitioners Misperceive the Public?”; 11. “Why Doesn’t Politics Close the Gap?”; 12. Putting the Puzzle Together”; and Appendix: Design of the Study. 1555. Kuperman, Alan J. (2001). The Limits of Humanitarian Intervention: Genocide in Rwanda. Washington, D.C.: Brookings Institute Press. 162 pp. This is an extremely thought-provoking book that is a must read for those interested in the issues of the prevention and intervention of genocide. Be that as it may, some are bound to contest at least some of Kuperman’s arguments and take him to task for not taking into account the earliest signs and signals that a potential genocide was on the horizon. In his introduction, Kuperman, resident fellow at the University of Southern California’s Center for International Studies, writes that . . . The goal [in conducting] the research that led to this work was to quantify the potential benefits of humanitarian military intervention by examining what such an intervention could have accomplished in the single worst humanitarian atrocity of recent memory, the 1994 genocide in Rwanda. I expected to confirm earlier claims that the international community—if it had possessed sufficient political will—could have prevented the genocide with a quick military intervention at minimal financial and human cost to the interveners. These findings, I assumed, would strengthen the case for such interventions. . . . . I [reached] a very different conclusion: a realistic intervention could not have prevented the genocide. [B]y my calculations, three-quarters of the Tutsi victims would have died even if the West had launched a maximum intervention immediately upon learning that a nationwide genocide was being attempted. . . . Contrary to some characterizations of my work, [the new prescriptions I have come up with] do not rule out humanitarian intervention as a policy tool. . . . In Rwanda, even if intervention could have saved “only” one-quarter
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of the ultimate Tutsi victims, that still means approximately 125,000 innocent lives could have been saved. I also do not contend that the physical impediments to timely intervention—the speed of the killing, the lack of accurate information, and the difficulty of airlifting sufficient forces to Africa—are the sole reasons the international community failed to intervene effectively . . . Lack of political will also contributed, as evidenced by my finding that tens of thousands of lives could have been saved by any of several realistic intervention options that were forgone . . . . . . [T]he West should concentrate . . . on de-escalating these conflicts. [C]urrent Western policy often does just the opposite. . . . [B]y highlighting the inherent limitations of military options, the book should spur new focus on diplomacy toward ethnically divided societies. Such diplomacy confronts its own set of trade-offs, as it attempts to promote rapid improvement in the rights and welfare of disadvantaged groups without inadvertently raising hopes of impending intervention and thereby triggering an escalation of violence. In some cases, military intervention still may be the right choice, [but] steps must be taken to optimize it. (pp. vii–ix)
1556. Kurth, James (2001). “Lessons from the Past.” Special issue (The Can’t and Can’ts of Humanitarian Intervention”) of Orbis: A Journal of World Affairs, Fall, 45(4):569–578. Kurth, Claude Smith Professor of Political Science at Swarthmore College, assesses U.S. military interventions (in Somalia, Bosnia, and Kosovo) with an eye to the future role military operations should play in global relations. The essay is comprised of the following sections: A Century of Humanitarian Intervention, A Variety of Interventions and Perspectives, The Abstention Model, The Relief Model, The Relief-Plus Model, The Reconstruction Model, and Words versus Deeds. 1557. Lambeth, Benjamin S. (2001). NATO’s Air War For Kosovo: A Strategic and Operational Assessment.Washington, D.C.: RAND Corporation. 276 pp. This book is comprised of the following: chapter One. “Introduction”; chapter Two. “Prelude to Combat”; chapter Three. “The Air War Unfolds” (Initial Attacks and Their Effects, The Air War Bogs Down, NATO Finally Escalates, Facing the Need for a Ground Option, Countdown to Capitulation, The Endgame); chapter Four. “Why Milosevic Gave Up When He Did” (Considerations in Addition to the Bombing, The Prospect of a Ground Invasion, Milosevic’s Probable Decision Calculus, The Determining Role of the Air War); chapter Five. “Accomplishments of the Air War” (The Combat Debut of the B-2, UAV Employment, The Contributions of Space); chapter Six. “Friction and Operational Problems” (Frustrations with the SEAD Effort, The F-117 Shootdown, Problems with Flexible Targeting,
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Stray Weapons and the Loss of Innocents, The Chinese Embassy Bombing, Task Force Hawk, Shortcomings in Intelligence Cycle Time Airspace and Traffic Flow Management, Deficiencies with Respect to Space Interoperability Problems, The Wages of U.S. Overcommitment); chapter Seven. “Lapses In Strategy and Implementation” (Allied Miscalculations and False Hopes, Problems at the Coalition Level, Problems at the U.S. Level, The Desultory Onset of the Air War, The Failure to Employ a Coherent Plan, The Downside of Alliance Warfare, Command and Control Shortcomings); and chapter Eight. “NATO’S Air War In Perspective” (The Achievements of Allied Force, The Air War’s Failings, Gradualism and Its Implications, The Cost of the Missing Ground Threat, Toward a “Report Card” for Allied Force, On the Uses and Abuses of Air Power). 1558. Lang, Anthony F., Jr. (Ed.) (2003). Just Intervention. Washington, D.C.: Georgetown University Press. 229 pp. The essays in Just Intervention explore the moral dimensions of humanitarian intervention. In doing so, some of the contributors discuss whether outside nations have an obligation to protect citizens of other nations, and whether it is alright to kill in order to save potential victims. Furthermore, while some contributors delineate conceptual approaches for addressing many of the conflicting values inherent in humanitarian intervention, others draw specific lessons from recent cases of intervention. The book is comprised of the following chapters: 1. “The Moral Basis for Humanitarian Intervention” by Terry Nardin; 2. “Normative Frameworks for Humanitarian Intervention” by Nicholas Onuf; 3. “Hard Cases Make Bad Law: Law, Ethics and Politics in Humanitarian Intervention” by Simon Chesterman; 4. “Is There an Islamic Ethic of Humanitarian Intervention?” by Sohail H. Hashmi; 5. “Principles, Politics, and Humanitarian Action” by Thomas G. Weiss; 6. “The Politics of Rescue: Yugoslavia’s Wars and the Humanitarian Impulse” by Amir Pasic and Thomas G. Weiss; 7. “Humanitarian Intervention: Which Way Forward?” by Richard Caplan; 8. “’Immaculate War’: Constraints on Humanitarian Intervention” by Martin L. Cook; 9. “The Impact of Intervention on Local Human Rights Culture: A Kosovo Case Study” by Julie Mertus; 10. “Bureaucratizing the Duty to Aid: The United Nations and the Rwandan Genocide” by Michael Barnett; and “Humanitarian Intervention after September 11, 2001” by Nicholas J. Wheeler. 1559. Lavoyer, Jean-Philippe (1998). “International Humanitarian Law, Protected Zones, and the Use of Force,” pp. 262–279. In Wolfgang Biermann and Martin Vadset (Eds.) UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia—Peacekeepers’ Views on the Limits and Possibilities
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of the United Nations in a Civil War-like Conflict. Aldershot, England: Ashgate. In his introduction, Lavoyer, a legal adviser at the International Committee of the Red Cross, writes: Appalled by the horrors of recent conflicts, the international community is wondering what can be done to curb violence and secure respect for international law. Many proposals to that effect have been made in the last few years and several practical measures have been taken. A new vocabulary has come into being as a result of attempts to safeguard civilian populations by bringing them under a special regime of special protection. Phrases such as “security zones,” “safe zones,” “safe havens,” safe areas,” “safety zones,” “neutralized zones” and “protected areas” have been coined. In this debate on an extremely complex issue it may be noted that these expressions have been used in very different ways and that the same term is sometimes used to convey very different notions. The purpose of this short study is to dissipate the present confusion, clarify the concepts involved, outline their main features and offer some pointers for the future. It will start by briefly describing the protected zones provided for in international humanitarian law in the former Yugoslavia. It will examine the protected zones established there both under humanitarian law and by the [UN] Security Council. The latter, as will be seen, followed a logic of quite a different kind. (p. 262)
The chapter is comprised of the following sections and subsections: Protected Zones Under International Humanitarian Law (The Geneva Convention of 1949, The Additional Protocols of 1977, Protected Zones in Practice); The Conflict in the Former Yugoslavia (Protected Zones Set Up Under International Humanitarian Law); The Osijek Protected Zone (Successes and Failures); Inconsistent Decisions by the UN Security Council (An International Committee of the Red Cross Initiative); and Concluding Remarks. 1560. Layne, Christopher (2000). “Collateral Damage in Yugoslavia,” pp. 51– 58. In Ted Galen Carpenter (Ed.) NATO’s Empty Victory: A Postmortem on the Balkan War. Washington, D.C.: CATO Institute. In his introduction, Layne, a visiting scholar at the Center for International Studies at the University of Southern California, notes and then asserts that “A central argument that President Clinton and his advisers invoked to justify their decision to use force against Yugoslavia was that NATO bombing was needed to prevent a Serbian military offensive in Kosovo and its concomitant ‘ethnic cleansing.’ The bombing campaign was disastrously counterproductive with regard to that goal. Indeed, it helped to cause, and greatly magnified, the human tragedy in Kosovo and throughout the rest of Yugoslavia” (p. 51).
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The chapter is comprised of the following sections: NATO’s Air War Leads to Tragedy, Needless Civilian Casualties, and a Policy Fiasco. 1561. Lee, John M.; von Pagenhardt, Robert; and Stanley, Timothy W. (1992). “Military Forces for UN Operations (Quick Reaction Forces),” pp. 50–51. In John M. Lee, Robert von Pagenhardt, and Timothy W. Stanley’s To Unite Our Strength: Enhancing the United Nations Peace and Security System. Lanham, MD: University Press of America. A major recommendation by the authors (all of whom spent time in the military and at various posts in NATO and/or the UN and the U.S. government) is the establishment of a “Quick Reaction Force” (QRF). Arguing for such a force, they say that In a crisis, the major military powers represented on the Security Council at that time must be prepared to act decisively, on the basis of a prearranged system of “alerts” and extensive contingency planning conducted by the UN and national military staffs. Of the total national forces that countries are willing to “earmark” for UN service under Article 43 of the Charter, certain elements should be designated as “Quick Reaction Forces.” Something analogous to a QRF is foreseen in Article 45. [P]ermanent Security Council members would be asked to assign a combat division (or the naval or air equivalent) and countries designated an alternating member or invited to join the Peace Management Committee would be asked to provide a ready combat brigade or the equivalent. Assigned units in QRF status could be rotated into and out of the assignment. . . . [T]he U.S. might rotate an Airborne Division, a Marine Division, a naval carrier or amphibious task force, or an air wing to meets its QRF obligations. [S]everal such divisions and brigades from a dozen or more countries could constitute an air mobile corps, with ample air and naval support, available on 48–72 hours notice, and the remaining divisions and brigades could provide a second, heavier, sea-transportable corps. These forces would . . . be national in character, but [for the UN mission] they would be under UN operational control and would respond to the UN chain of command. . . . [ . . . K]ey elements would have to exercise together, with staffs trained in joint operations and in coordinating transport and logistic support. Providing such Quick Reaction Forces, at no cost to the UN’s already strained budget, might be regarded as an obligation stemming from permanent Security Council membership or near equivalent status. It would appear that these obligations could be met by forces without serious degradation of national force postures and readiness and without major additional cost. Some countries could best provide combat air support, lift, or amphibious capabilities, while others furnished primarily ground elements. . . . To the extent possible, all would be elite volunteer national forces. (pp. 50–51)
1562. Lehmann, Ingrid A. (1999). Peacekeeping and Public Information: Caught in the Crossfire. Portland, OR and London: Frank Cass Publishers. 175 pp.
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At the outset of this book, Lehmann, a United Nations official with over two decades of experience in peacekeeping and public information, comments that It is a central tenet of this book that effective communication has become a sine qua non for intergovernmental organizations and their field operations, albeit one not yet fully recognized by the politicians, diplomats and their senior managers. At a time when revolutionary developments in information technology had left their imprint on the way the war in the Persian Gulf was perceived by worldwide television audiences, intergovernmental organizations, foremost the United Nations, continued to disseminate brochures and films by diplomatic pouch, following time-consuming translation into the “official languages.” Daily press releases were still often sent by fax, and electronic mail was introduced only slowly in the late 1990s. There were, as many analysts and critics of the UN have maintained, frequent time delays in information received by the staff in the field. There were as well communication disconnects between the political decisionmakers in the Security Council and the Secretariat, and those attempting to carry out the mandates in the theatre of operations. Largely unbidden, and as often unrecognized, communications have become a strategic command and management function. While this has been recognized by corporations and by most governments—it has continued to be undervalued and, in some instances, actively discouraged as a legitimate activity of the United Nations Secretariat. . . . This book examines how, when, and under what conditions effective communication strategies and information programmes were implemented by the United Nations civilian and military managers of peacekeeping operations, at the operational and tactical levels. It also portrays the consequences of the absence of effective information programmes at the strategic level. (pp. 11–12)
Peacekeeping and Public Information is comprised of the following eight chapters: 1. “Towards a Theory of Political Communication for International Organizations”; 2. “Public Information Management in UN Peacekeeping”; 3. “The Information Programme of UNTAG in Namibia, 1989–90”; 4. “The Information and Education Programmes of UNTAC in Cambodia, 1992–93”; 5. “The Failure to Communicate: UNAMIR in Rwanda, 1994–95”; 6. “The Information Campaigns of UNMIH in Haiti, 1994–1996”; 7. “Peacekeeping in a Propagandist Environment: From UNPROFOR to UNTAES and the Former Yugoslavia”; and 8. Comparisons and Conclusions.” 1563. Lepard, Brian D. (2002). Rethinking Humanitarian Intervention: A Fresh Approach Based on Fundamental Ethical Principles in International Law and World Religions. University Park: The Pennsylvania State University Press. 460 pp. In this book, Lepard, professor of Law at the University of Nebraska College of Law, offers what he asserts is a new method for analyzing humanitarian
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intervention that seeks to resolve conflicts among legal norms by identifying ethical principles embedded in the U.N. Charter, international law and major world religions, and relating them to the principle of “unity in diversity.” The book is comprised of five parts and twelve chapters: Part One: The Problem of Humanitarian Intervention and International Law (1. “The Need for a Fresh Approach”); Part Two: Developing the Foundation of a Fresh Approach (2. “Identifying Fundamental Ethical Principles in Contemporary International Law and World Religions Relevant to Humanitarian Intervention”; 3. “Identifying and Interpreting International Legal Norms Relevant to Humanitarian Intervention”); Part Three: Some Problematic Issues Relating to U.N -Authorized Humanitarian Intervention (4. “Human Rights Violations as a ‘Threat to’ or ‘Breach of’ The Peace”; 5. “Consent”; 6. “Impartiality”; 7. “The Use of Force”; 8. “Obligations to Intervene or to Support U.N. Humanitarian Intervention”; 9. “The Command and Composition of Multinational Forces Engaged in Humanitarian Intervention”; 10. “The Security Council’s Decision-Making Process”); Part Four: Humanitarian Intervention Not Authorized by the Security Council (11. “The Legality of Humanitarian Intervention Without Security Council Authorization”); Part Five: Humanitarian Intervention and International Law in the New Millennium (12. “The Prospects for a Fresh Approach Based on Fundamental Ethical Principles”). 1564. Lepgold, Joseph, and Weiss, Thomas G. (Eds.) 1998). Collective Conflict Management and Changing World Politics. Albany: State University of New York Press. 245 pp. In this book, the contributors probe the international and domestic conditions under which collective security tends to work or not, and question if the end of the cold war makes success more or less likely than before. The contributors conclude that collective conflict management is possible under specific situations, as they enumerate various domestic and international requisites that circumscribe such possibilities. The book is comprised of three parts and nine chapters: Part One: Collective Conflict Management: Theoretical and Historical Perspectives (1. “Collective Conflict Management and Changing World Politics: An Overview” by Joseph Lepgold and Thomas G. Weiss, and 2. “Theoretical and Historical Perspectives on Collective Security: The Intellectual Roots of Contemporary Debates about Collective Conflict Management” by Alan C. Lamborn); Part Two: Collective Conflict Management: Military Operations and Political Interests (3. “NATO’s Post-Cold War Conflict Management Role” by Joseph Lepgold, 4. “The Limits of Peacekeeping, Spheres of Influence, and the Future of the United Nations” by Michael N. Barnett; 5. “Constraints on Adaptation in the American Military to Collective Conflict Management
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Missions” by Robert B. McCalla; and 6. “Somalia, Bosnia, and Haiti: What Went Right, What Went Wrong?” by Andrew Bennett); and Part Three: Collective Conflict Management: The Humanitarian Impulse (7. “Changing Norms of Sovereignty and Multilateral Intervention” by Bruce Cronin; 8. “Military Intervention and the Organization of International Politics” by Martha Finnemore; and 9. “Collective Humanitarian Conflict Management: More or Less than the Millennium?” by Thomas G. Weiss). 1565. Lewis, Paul (1996). “A Short History of United Nations Peacekeeping,” pp. 25–41. In Barbara Benton (Ed.) Soldiers for Peace: Fifty Years of United Nations Peacekeeping. New York: Facts on File, Inc. Lewis, who served as the United Nations correspondent for the New York Times for eight years, provides a succinct but informative overview of the UN’s peacekeeping efforts during the cold war and the post-cold war periods. In his discussion, Lewis briefly discusses, among many other issues, the situations in the former Yugoslavia (early 1990s), Somalia (early 1990s), and Rwanda (1994): In Bosnia [ . . . and] Rwanda . . . the international community . . . demanded the UN “do something” even though Security Council members were not prepared to authorize a full-scale war to [halt such] crises. The result was a series of peacekeeping operations flawed by the contradictory mandates given the peacekeepers, who, without the weapons or troop strength necessary . . . , were expected to enforce “safe areas,” “exclusion zones,” and “no-fly areas,” and stop Hutus and Tutsis massacring each other—all the while trying to act impartially. . . . A major lesson the UN drew from these setbacks . . . is that peacekeeping is not the same as peace-enforcement. In his report to members marking that occasion, Secretary-General Boutros Boutros-Ghali emphasized that UN intervention tends to fail where it lacks the true consent of all the parties to a dispute and where the Blue Helmets lack impartiality and resort to force. . . . Another lesson has been the difficulty of securing peacekeeping troops and equipment quickly enough. Although the U.N. now has a significant number of experienced officers as well as a “situation room” manned round the clock in New York, wired to its operations all over the world, the secretary-general likes to recall how not one of the nineteen countries which at that time had pledged 31,000 troops for future U.N. peacekeeping operations was prepared to send a single soldier to Rwanda. And the handful of African countries that finally offered troops had to hire American armored cars because they had nothing suitable themselves. In an attempt to draw an obvious lesson from the Rwanda fiasco, BoutrosGhali stepped up his campaign for some kind of a U.N. “rapid reaction force” that could be rushed into a crisis area at short notice. But the great powers turned a deaf ear to his plans, showing themselves determined to maintain control over what the U.N. does and does not do. (Italics added). (pp. 39–40)
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1566. Lohman, Diederik (2000). “The International Community Fails to Monitor Chechnya Abuses.” Helsinki Monitor, 3:73–82. This is a thought-provoking essay on the human rights abuses—many of which are “similar to those the Serbs committed in Kovoso prior to NATO’s military intervention (summary executions, torture, rape, and the systematic destruction of civilian property” (p. 73)) by the Russians, and the international community’s turning a blind eye to the situation and not even considering a military intervention. The article is comprised of the following sections: The War and the Abuses, International Human Rights Monitoring, Monitoring by the OSCE Assistance Group to Chechnya, Council of Europe, United Nations, Monitoring by Embassy Personnel, Russia’s Position on International Monitoring, and Perspective on the Future. 1567. Loone, Eero (2002). “Nationalism and Sovereignty Overrides: Permissibility of Intervention in Others Polities,” pp. 155–180. In Fred Dallmayr and José M. Rosales (Eds.) Beyond Nationalism? Sovereignty and Citizenship. Lanham, MD: Lexington Books. In his introduction, the author notes that “This chapter will investigate possible permissibility and even obligatoriness of interventions within other states and the charge of the reemergence of colonialism under the guise of liberal values” (p. 156). In addressing the latter, the following topics/issues are discussed/examined: clarification of the concepts of sovereignty, interventions, and overrides; intervention against genocide; other humanitarian interventions; protection of property; protection of religion; the installation and operation of democracy; and interstate government. 1568. Lowe, Vaughan (2001). “International Legal Issues Arising in the Kosovo Crisis,” pp. 278–288. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. In this essay, Lowe, Chichele Professor of Public International Law at the University of Oxford and Fellow of All Souls College, Oxford, examines the question of the right of humanitarian intervention and the question of the selection of targets for military attack. The piece is comprised of the following parts and sections: I. Humanitarian Law (1.A. The General Position in International Law; I.B. NATO’s Justification of Operation Allied Force; I.C. How Should International Law Develop?; I.D. A Right of Humanitarian Intervention); II. Targeting; and III. Concluding Remarks.
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1569. Ludlow, D. R. L. (1999). “Humanitarian Intervention and the Rwandan Genocide.” The Journal of Conflict Studies. Spring, 19(1):22–48. This essay presents an examination of the perceived obstacles to humanitarian intervention across the globe, using the Rwandan genocide as a case study. It takes as its premise that there are four possible reasons why the international community fails to intervene in a given humanitarian crisis. These potential obstacles are: “(1) There is an absence of any internationally recognized justification, either in theory or practice, for humanitarian intervention; (2) Even if there is a generally accepted right of humanitarian intervention, it is not recognized in that particular case; (3) There is an inability within the international community to intervene in humanitarian crises in a timely manner; and (4) There is an unwillingness on the part of members of the international community to intervene in order to save the lives of others” (pp. 22–23). Ludlow argues that although he thinks all four obstacles posed a challenge to decisive intervention in Rwanda, the most significant obstacle was the last one— an unwillingness on the part of state governments to take action solely on humanitarian grounds. 1570. Lyons, Gene M., and Mastanduno (Eds.) (1995). Beyond Westphalia? State Sovereignty and International Intervention. Baltimore, MD: The Johns Hopkins University Press. 360 pp. Beyond Westphalia? brings together a distinguished group of scholars to explore the question of whether recent political changes have shifted the balance between the sovereign rights of states and the authority of the larger international community. Contributors include: Jarat Chopra, Ken Conca, Jack Donnelly, Robert H. Jackson, Stephen D. Krasner, Friedrich Kratochwil, Gene M. Lyons, Michael Mastanduno, Janne E. Nolan, Nicholas Onuf, James N. Rosenau, and Thomas G. Weiss. 1571. MacFarlane, S. Neil (2001). Humanitarian Action: The Conflict Connection [Occasional papers # 43.] Providence, RI: The Thomas J. Watson Jr. Institute for International Studies at Brown University. 87 pp. This monograph examines the impact of humanitarian action in the active conflict and post-conflicts stages of recent armed conflicts. At the outset of the monograph, the author delineates what he deems are four viewpoints comprising the spectrum of opinion vis-a-vis the “conflict connection”: 1. Fidelity to the humanitarian imperative and suspicion of the intrusion of political factors into program design and implementation (that is, the classical humanitarian position); 2. Damage limitation (that is, the attempt to avoid doing harm in the process of providing assistance and protection);
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3. Conflict transformation (that is, the use of humanitarian action to promote peace); and 4. Aid for victory (that is, the use of humanitarian action to secure the victory of one party or another (p. vii). The study concentrates on the second and third positions, which represent the focus of recent debate. After placing the issues in historical perspective, the analysis turns to the ways in which humanitarian action can exacerbate or prolong conflict. The discussion places particular emphasis on the role of humanitarian assistance in the political economy of war, on issues related to the protection of victims and humanitarian personnel, and on dilemmas of proportionality. That is followed by an evaluation of strategies for mitigating the negative impact of humanitarian action on conflict and for the promotion of conflict resolution through humanitarian assistance. The monograph is comprised of the following sections: 1. Historical Perspective; 2. The Conflict Connection; 3. Minimizing the Conflict Connection; 4. Humanitarian Action and Conflict Transformation; and 5. Conclusions. 1572. Maley, William (2002). “Twelve Theses on the Impact of Humanitarian Intervention.” Security Dialogue, 33(3):265–278. In his introduction, Maley, associate professor of politics at the University of New South Wales, Australian Defence Force Academy, notes that “The following theses about the impact of external military intervention (whether authorized by the UN Security Council or not) can only tread the surface of what are enormously complex issues, but they do offer a starting point for serious discussion of serious issues by identifying recurring difficulties that are likely to require attention” (p. 266). The twelve theses that he posits and then briefly discusses are: I. “Interventions will more readily and rapidly address symptoms than underlying causes of political disorder”; II. “Interventions will have significant, and quite possibly unintended, effects on the value to particular individuals of positional and disributional goods”; III. “Intervention will bring a range of new actors to the political landscape”; IV. “Interventions may foster warlordism”; V. “Some new actors may be intent on settling old scores”; VI. “Interventions will be merely the starting points in complex processes of change”; VII. “Intervening forces will find it difficult to confront problems of political culture, elite structure, institutional design and institutionalization”; VIII. “Post-intervention peace processes may be faced with serious ‘spoiler’ problems, with vulnerable civilians on occasion the principal targets”; IX. “Interventions may have significant potential impact on trust, social capital and the character of society, but it is difficult to produce positive effects directly”; X. “Progress towards a civil economy will be difficult if the intervening powers perversely distort local incentive structures, create an unaccountable ‘rentier state’ or inadvertently provide space for criminality to flourish”; XI. “Interventions may end up being
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under-resourced:”; and XII. “A coalition of intervening powers may fragment over some of these issues.” (pp. 266–274)
1573. Maley, William; Sampford, Charles; and Thakur, Ramesh (2002). From Civil Strife to Civil Society: Civil and Military Responsibilities in Disrupted States Tokyo: United Nations University Press, 2002. 384 pp. From Civil Strife to Civil Society: Civil and Military Responsibilities in Disrupted States explores the nature of the challenges faced by the various actors, bringing together the varied experiences of scholars and practitioners. The first section offers a close examination of the dimensions of state disruption and the roles of the international community in responding to it. Other sections cover: military doctrine for dealing with disorder and humanitarian emergencies; mechanisms for ending violence and delivering justice in post-conflict times; the problems of rebuilding trust and promoting democracy; reconstitution of the rule of law; and the reestablishment of social and civil order. In addition to the editors, the following individuals contributed essays to this book: Amin Saikal, Paul F. Diehl, Simon Chesterman, David M. Malone, Thomas E. Seal, Frederick M. Burkle, Jr, Cees de Rover, Helen Durham, Reginald Austin, Mark Plunkett, Michael Kelly, Lorraine Elliot, Fiona Terry, Samuel M. Makinda, Adrien Whiddett, Martin P. Ganzglass, Sadako Ogata, and Raimo Väyrynen. 1574. Malone, David M. (Ed.) (2004).The U.N. Security Council: From the Cold War to the 21st Century. Boulder, CO: Lynne Rienner Publishers. 746 pp. Focusing on the evolution of the UN Security Council’s treatment of key issues, the authors of this edited book discuss new concerns that they believe must be accommodated in the decision-making process, the challenges of enforcement, and shifting personal and institutional factors. Case studies complement the thematic chapters. The book focuses on the central events and trends of the 1990s and early 2000s and their critical importance for the future role of the UN Security Council and the UN in the sphere of international security. The chapters most germane to the issue of the prevention and intervention of genocide are: “The Humanitarian Impulse” by Thomas Weiss; “Conflict Prevention” by E. M. Cousens; “The Use of Force” by A. Roberts; “Reforming Sanctions” by David Cortright and George Lopez; “Council Working Methods” by S. Hulton; “Permanent and Elected Council Members” by K. Mahbubani; “The UN Secretary-General” by M. Goulding; “International Tribunals and Courts” by P. Kirsch, J. Holmes, and M. Johnson; “Pressure
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for Security Council Reform” by B. Fassbender; “The U.S. in the Security Council: A Faustian Bargain?” by F. Rawski and N. Miller; “Working with NGOs” by J. A. Paul; “Bosnia” by M. Berdal; “Rwanda” by Howard Adelman and A. Suhrke; “Rwanda: An Insider’s Account” by C. Keating; “Rwanda: An African Perspective” by I. A. Gambari; “Kosovo” by P. Heinbecker; “East Timor” by S. Eldon; “East Timor: A Field Perspective” by Ian Martin; “The Security Council and International Law” by Steven Ratner; and “The Security Council in the Twenty-first Century” by C. R. Hume. 1575. Mandelbaum, Michael (1999). “A Perfect Failure: NATO’s War Against Yugoslavia.” Foreign Affairs, September/October, 78(5):2–8. In this hard-hitting essay, Mandelbaum argues that NATO’s bombing of Kosovo constituted a “gross error in political judgment” (p. 2). In making his argument, Mandelbaum asserts the following: [In regard to the] bombing campaign, the Clinton Administration [claimed] it was acting to save lives. Before NATO intervened on March 24 [1999], approximately 2,500 people had died in Kosovo’s civil war between the Serb authorities and the ethnic Albanian insurgents of the Kosovo Liberation Army (KLA). During the 11 weeks of bombardment, an estimated 10,000 people died violently in the province, most of them Albanian civilians murdered by Serbs. [Another] NATO goal was to prevent the forced displacement of the Kosovar Albanians. At the outset of the bombing, 230 were estimated to have left their homes. By its end, 1.4 million were displaced . . . NATO [also] aspired to establish . . . a new doctrine governing military operations in the post-Cold War era: 1. the use of force on behalf of universal values instead of narrower national interests; and 2. in defense of these values, military intervention in the internal affairs of sovereign states rather than . . . cross-border aggression. . . . [But because] no national interest was at stake, public support [for] the war . . . was severely limited. [Thus, NATO’s] . . . military operations were confined to bombardment from high altitudes. [As a result,] NATO never [really] attempted [to accomplish the stated] purpose of going to war: the protection of the Kosovar Albanians. As for the second tenet, the basic precept of international law is the prohibition against interference in the internal affairs of sovereign states. Without this rule there would be no basis for international order. . . . But if the rule is inviolable rulers can mistreat people in any way they they like. . . within their legally recognized borders. Thus, in recent years international practice has begun to permit exceptions, but only under two conditions, neither of which was present in NATO’s war against Yugoslavia. One is a gross violation of human rights. . . . Far fewer people, [however,] had died as a result of fighting in Kosovo before the bombing started than had been killed in civil strife in Sierra Leone, Sudan, or Rwanda. . . . Thus NATO’s
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war did nothing to establish a viable standard for deciding when humanitarian intervention may be undertaken. . . . A second condition is . . . authorization by a legitimate authority. . . . But NATO acted without UN authorization (pp. 2–3, 6).
Mandelbaum also argues that the way in which the war was fought does not set a useful precedent since the damage to key infrastructure (electrical grids and water facilities) caused civilians harm. He also argues that the war also worsened relations with Russia and China. 1576. Mangum, Ronald Scott (2000-2001). “NATO’s Attack on Serbia: Anomaly or Emerging Doctrine?” Parameters, 30(4):40–42. This article examines the factual background and legal arguments for and against the NATO attack on the former Yugoslavia. In doing so, it raises questions for the international community to address in regard to the appropriateness of the use of force in humanitarian crises. It also includes a set of guidelines which which the author suggests, NATO and the United States could use to formalize a doctrine of humanitarian intervention. 1577. Martin, Ian (2000). “After Genocide: The U.N. Human Rights Field Operation in Rwanda,” pp. 253–288. In Alice M. Henkin (Ed.) Honoring Human Rights. The Hague: Kluwer Law International. This essay is comprised of the following sections: Genocide in Rwanda; The U.N. Human Rights Response; The Mandate of the Human Rights Field Operation in Rwanda (HRFOR); Planning, Recruitment, Training and Guidance; Administrative and Logistical Support; Security; Addressing Past Violations; The Genocide; Investigation, Intervention, and Effectiveness; Refugees and Internally Displaced People; Internal and Public Reporting; Monitoring and Institution Building; Police, Prisons, and Judicial Reform; National Human Rights Institutions and NGOs; Human Rights Education and Promotion; Cooperation for Institution Building; United Nations Organization and Funding; and Conclusion. 1578. Martin, Ian (2001). Self-Determination in East Timor: The United Nations, the Ballot, and International Intervention. Boulder, CO: Lynne Rienner Publishers. 169 pp. In this report, Martin, the former secretary-general of Amnesty International and special representative of the UN Secretary-General for the East Timor Popular Consultation, traces events in East Timor from the negotiations that led to the May 1999 agreements among Indonesia, Portugal, and the United Nations to the mandating of international intervention to check the violence that wracked the country following the elections. In doing so, Martin describes how political change in Indonesia, coupled with the UN’s
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efforts and pressures from Australia and elsewhere, led President Habibie to offer the East Timorese a choice between autonomy within Indonesia and full independence. Martin’s discussion of what followed—the activities of the UN Mission (UNAMET) established to implement the ballot in the face of violent efforts to coerce the East Timorese to reject independence; the election itself, with a historic 98.6 percent turnout and a 78.5 percent vote for independence; and the ensuing killing, destruction, and forced displacement—includes an analysis of the intense negotiations that led to the Indonesian government’s reluctant acceptance of intervention. The book is comprised of the following chapters: 1. “Introduction”; 2. “The 5 May Agreements”; 3. “Launching UNAMET”; 4. “Preparing the Ballot”; 5. “Reconciliation and the Laying Down of Arms”; 6. “Looking Ahead”; 7. “Ballot and Revenge”; 8. “International Intervention”; and 9. “Conclusion.” 1579. Mayall, James (2000). “The Concept of Humanitarian Intervention Revisited,” pp. 319–333. In Albrecht Schnabel and Ramesh Thakur (Eds.) Kosovo and the Challenge of Humanitarian Intervention. Tokyo: United Nations University Press. In his introduction, Mayall states that “In this chapter, my purpose is to re-examine the political and intellectual background to the debate on humanitarian intervention that has waxed and waned since the end of the Cold War, before considering if there are any new lessons to be learned as a result of the Kosovo Crisis” (p. 319). In doing so, he discusses the following issues: humanitarian intervention in liberal international theory, humanitarian intervention in the 1990s, and Kosovo (the law of humanitarian intervention and feasibility). 1580. Mayall, James (Ed.) (1996). The New Interventionism: United Nations Experience in Cambodia, Former Yugoslavia, and Somalia. New York: Cambridge University Press. 238 pp. This is a valuable assessment of the three major UN interventions in the 1990s. In his introduction, Mayall comments that major weaknesses of the “new interventionism” were: (1) the UN peacekeeping bureaucracy’s makeup itself interferes with its effectiveness in attempting to address complex political and military operations, (2) the member states are not committed to open-ended efforts to nation-building, and (3) there is an aversion to both injury and death to military personnel and monetary costs by the general public and politicians in members states. In his introduction, Mayall, professor at the London School of Economics and Political Science, asserts that
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The world is now so interdependent, and Western governments in particular so vulnerable to public opinion mobilized through the media, that there can be no guarantee that they will not repeatedly be drawn into international crises, even where their own interests and the balance of professional advice are in favor of non-intervention. The [UN] Secretary-General’s challenge should not, therefore, be lightly dismissed. His Agenda for Peace may have been a product of the natural but unrealistic optimism that followed the end of the Cold War, but it raised the central political question of our time—what is to be the basis for international order and how is it to be upheld? The book is intended as a modest contribution to the debate about how these questions should be answered. Our aim is to see what an examination of three major interventions that have been carried out by the United Nations since 1991—in Cambodia, former Yugoslavia and Somalia—can tell us about the prospects for international cooperation and the constraints that must be overcome if the UN Charter is to act as a constitution for international society, as the Secretary-General implies it should. (p. 2)
The book is comprised of the following chapters and appendices: 1. “Introduction” by James Mayall; 2. “Cambodia” by Mats Berdal and Michael Leifer; 3. “Former Yugoslavia” by Spyros Economides and Paul Taylor; 4. “Somalia” by Ioan Lewis and James Mayall; Appendix A. Cambodia (Chronology; List of Resolutions of the UN Security Council and Progress Reports of the Secretary General, and Selected Texts); Appendix B. Former Yugoslavia (Chronology, List of Resolutions of the UN Security Council, and Selected Texts); Appendix C. Somalia (Chronology, List of Resolutions of the UN Security Council, and Selected Texts); and Appendix D. The General Framework for Peace in Bosnia and Herzegovina. 1581. Mays, Terry M. (2002). The 1999 United Nations and 2000 Organization of African Unity Formal Inquiries: A Retrospective Examination of Peacekeeping and the Rwandan Crisis of 1994 (Paper Number 7 of the Pearson Papers). Clementsport, Nova Scotia: The Canadian Peacekeeping Press of the Pearson Peacekeeping Centre. 37 pp. Several factors regarding the failure of the peacekeeping operation to prevent the 1994 genocide in Rwanda are highlighted within the UN and OAU investigations, and each is explored in this study. Also discussed is whether the 2,000 member UN-peacekeeping operation in Rwanda could have halted the genocide had the political will existed to accomplish the task. Five options for the future are reviewed, and a postscript includes a brief discussion of the relationship between state sovereignty and humanitarian intervention as delineated in the International Commission on Intervention and State Sovereignty. The booklet is comprised of the following: I. “Background”; II. “International Inquiries into the Peacekeeping Failure in Rwanda” (A. Report of the
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Independent Inquiry into the Actions of the United Nations During the 1994 Genocide in Rwanda; and B. International Panel of Eminent Personalities to Investigate the 1994 Genocide in Rwanda and the Surrounding Events); III. “Why Did UNAMIR fail to Halt the Rwandan Genocide?” (A. Political Will; B. Mandate; C. Rules of Engagement; D. Intelligence; E. Logistics; and F. Contingent Recruitment, Staffing and Training); IV. “Could UNAMIR Have Stopped the Massacre?”; V. “Options for the Future” (A. Standing Military Force; B. Standby Arrangements; C. Western Training for Regional Contingents; D. Sub-regionally Mandated Operations; E. Third Party Coalitions); VI. “Post Script and Conclusions” (A. Report of the Panel on United Nations Peace Operations; B. International Commission on Intervention and State Sovereignty; and C. Concluding Comments). 1582. Maxwell, Dayton L. (1998). “Facing the Choice Among Bad Options in Complex Humanitarian Emergencies,” pp. 179–191. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers. In this thought-provoking essay, Maxwell, a retired U.S. senior foreign service officer for the Agency for International Development (USAID), argues that by failing to examine the mid- to long-term effects of following short-term politically acceptable solutions in countries immersed in conflict, “better options may be discarded. The willingness on the part of the international community to spend billions of dollars over the last few years in relief and minimal security protection for relief efforts has led to the use of the term ‘fig leaf.’ Providing relief hides the fact that more vigorous actions and greater risks are required to bring a conflict to a close” (p. 179). In his essay, Maxwell briefly discusses the tough choices that were avoided in Bosnia in 1994–1995 and Rwanda in 1994 and the resulting disasters that occurred. He then argues that economic assistance is a necessary but not a sufficient component of establishing a stable peace. He asserts that a determination must be made regarding the use of limited resources, especially when there are so many areas of need: establishing a neutral and professional security and justice system, re-establishing normal economic activity, restoring essential public services and utilities, determining and initiating the most appropriate economic and social policies, creating a governance that respects minority rights and evolves toward a viable democracy, planning and holding free and fair elections, disarmament and demobilization (and possibly “demining”), repatriation of refugees and internally-displaced persons, empowering civil society as a viable representative of the population, developing viable financial management, and creating a credible investment climate (p. 182).
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Finally, he posits a series of provocative questions that could be used to stimulate thinking and discussion regarding those issues that need to be addressed in order to develop a more systematic approach to figuring out how organizations can work more effectively together. 1583. McCoubrey, Hilaire, and Morris, Justin (2000). Regional Peacekeeping in the Post-Cold War Era. The Hague: Kluwer Law International. 252 pp. In this book, the authors, who are, respectively, professor of Law and lecturer in international politics at the University of Hull in the United Kingdom, explore both the potential and the limitations of regional agencies (e.g., NATO, OSCE, OAU, ASEAN) as significant peace support actors at the beginning of the twenty-first century. The authors note that this book has been written “on a trans-disciplinary basis,” making use of both international relations and international law, and that is due to the presumption that such disciplines are not separable. Ultimately, they argue, the key to successful regional peacekeeping missions is to appropriately select amongst many options, within the context of Article 53 of the UN Charter (which states that “The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional authorities without the authorization of the Security Council”) (p. 35). 1584. McDonald, David Bruce (2004). “The Fire in 1999? The United States, NATO, and the Bombing of Yugoslavia,” pp. 276–298. In Adam Jones (Ed.) Genocide, War Crimes, and the West: History and Complicity. New York: Zed Books. In his introduction McDonald, lecturer in Political Studies at the University of Otago in Dunedin, New Zealand, writes as follows: This chapter will critically examine NATO’s 1999 air campaign against Yugoslavia, Operation Allied Force. I will argue that while the United States did not commit war crimes in this case, they did break numerous international laws and conventions, causing untold “collateral damage” in the process. Its humanitarian goals notwithstanding, NATO’s operations were found wanting on numerous counts. We can cite NATO’s haste in rushing into an underprepared military solution; its unwillingness to endanger the lives of its own soldiers to protect Yugoslavia’s civilians; its use of highly questionable weaponry on civilian targets; and its seeming ignorance of the region’s specific features. The chapter begins by looking at some of the background to the NATO intervention, including members’ conceptions of strategy and where these went wrong. We will then examine the consequences wrought by the air campaign, and examine what international laws and conventions were broken. A final section
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considers the question of blame, and how much of it should be borne by the United States. However, we will also argue that there are important mitigating factors that must be taken into consideration when analyzing Allied Force and its aftermath.” (p. 276)
1585. McDowall, David (1996). “The Road to Genocide,” 1975–1988,” pp. 343–367. In McDowall’s A Modern History of the Kurds. New York: I.B. Tauris. McDowall discusses the international community’s late and, then, ineffective response to Iraq’s gassing of part of its Kurdish population. In discussing the latter, McDowall comments on the responses and actions/inactions of the United Nations, the United States, Britain, and various other European Community countries. 1586. McInnes, Colin, and Wheeler, Nicholas J. (2002). Dimensions of Western Military Intervention. London: Frank Cass Publishers. 224 pp. This book explores how military power has been and might be used by the West to help protect those elsewhere who are in danger. In doing so, it looks at how force is used, the limits on the use of force, and how monitoring and verification of cease-fires can be effectively implemented to stop force from being used. It also examines the political context in which force is used, including the West’s intolerance for casualties, the role of the media, and the gender dimensions of intervention. 1587. McRae, Rob, and Hubert, Don (Eds.) (2001). Human Security and the New Diplomacy: Protecting People, Promoting Peace. Montreal: McGillQueen’s University Press. 279 pp. Among the pieces in this book that should be of most interest to those concerned with the issues of the prevention and intervention of genocide are: “Human Security in a Globalized World” by Rob McRae; “The Evolution of Peacekeeping” by Patricia Fortier; “Peacebuilding in Postconflict Studies” by Michael Small; “Case Study: Bosnia-Herzegovina” by Sam Hanson; “Case Study: Guatemala” by Daniel Livermore; “Humanitarian Military Intervention” by Don Hubert and Michael Bonser; “The Evolution of International Humanitarian Law” by Darryl Robinson and Valerie Oosterveld; “Case Study: The International Criminal Court” by Darryl Robinson; “Resources, Greed, and the Persistence of Violent Conflict” by Don Hubert; “The New Multilateralism” by Roman Waschuk; “Case Study: The Security Council and the Protection of Civilians” by Ellissa Golberg and Don Hubert; “Case Study: The Human Security Network” by Michael Small; “Human Security, Connectivity, and the New Global Civil Society” by Rob McRae; and “Conclusion: International Relations and the New Diplomacy” by Rob McRae.
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1588. McWhinney, Edward (2000). The United Nations and a New World Order for a New Millennium: Self-Determination, State Succession, and Humanitarian Intervention. Cambridge, MA: Kluwer Law International. 120 pp. “Taking note of the antinomies and contradictions inherent in Classical International Law Categories like Territorial Integrity and the Self-determination of Peoples, and the Non-Use-of-Force and Collective (regional) Self-Defense, the author, President of the Institut de Droit International, considers the direct conflicts, in the case of both Bosnia and Kosovo, between the United Nations Charter principle of Non-Intervention and the claimed ‘New’ International Law principle of Humanitarian Intervention. The legally permissible modalities and structures and processes for exercise of humanitarian intervention, in accord with the United Nations Charter and general International law, are examined and assessed.” 1589. Mearsheimer, John J. (2000). “The Case for Partitioning Kosovo,” pp. 133–138. In Ted Galen Carpenter (Ed.) NATO’s Empty Victory: A Postmortem on the Balkan War. Washington, D.C.: CATO Institute. In his introduction, Mearsheimer, the R. Wendell Harrison Distinguished Service Professor at the University of Chicago, comments, asks, and then asserts that NATO continues to insist on a settlement based on autonomy for the Albanian Kosovars inside Serb-dominated Yugoslavia. But that goal is not only unattainable, it is undesirable. Does anyone seriously believe that the Albanian Kosovars and the Serbs can live together again after all the bloodletting that has taken place? The interethnic violence that has already occurred in the immediate postwar period confirms how unrealistic that scenario is. Instead, NATO should pursue a settlement that partitions the province, creating an independent Albanian Kosovar state. This new state would control most of current Kosovo, while the Serbs would retain a slice of north and northwestern Kosovo. The Albanian-controlled portion could remain independent or unite with Albania if it chose. (p. 133)
1590. Meggle, Georg (Ed.) (2004). Ethics of Humanitarian Interventions. Frankfurt: Ontos Verlag. 380 pp. This book is comprised of the following chapters: “The Argument about Humanitarian Intervention” by Michael Walzer; “Collective Responsibility and Humanitarian Armed Intervention” by Seumas Miller; “Reconstructing Pacifism: Different Ways of Looking at Reality” by Olaf L. Müller; “How Far Shall We Go in Humanitarian Interventions?” by Uwe Czaniera; “The Dilemmatic Structure of Humanitarian Interventions” by Martin Frank; “Humanitarian Interventions and Other Duties to Humanitarian Aid” by Walter Pfannkuche; “Help, Intervention and Involvement” by Ralf Stoecker; “Sav-
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ing Lives in Nationalist Conflicts: A Few Moral Hazards” by Aleksandar Pavkovic; and “Humanitarian Intervention” by Miroslav Prokopiejevic. 1591. Melvern, Linda (2004). Conspiracy to Murder: The Rwanda Genocide. New York: Verso. 358 pp. This book has been called “a damning indictment of almost all the key figures and the institutions involved.” In regard to the United Nations, Melvern discusses exactly what—and to what a great extent—UN Secretary-General Boutros Boutros-Ghali knew prior to the genocide and why the UN Security Council decided to evacuate the UN peacekeepers from Rwanda. 1592. Mertus, Julie (2002). “Note on Legality of Information Intervention,” pp. 139–147. In Monroe E. Price and Mark Thompson (Eds.) Forging Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. Mertus, currently a consultant with the Humanitarianism & War Project at the Watson Institute for International Affairs (Brown University), examines “Law of The Hague and the Law of Geneva” and “The Law of Consensual Peace Operations.” 1593. Mertus, Julie, and Thompson, Mark (2002). “The Learning Curve: Media Development in Kosovo,” pp. 259–286. In Monroe E. Price and Mark Thompson (Eds.) Foreign Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. Herein, the authors (Mertus, a consultant with the Humanitarianism & War Project at the Watson Institute for International Affairs, Brown University, and Thompson, Balkans program director for the International Crisis Group) discuss the role of media intervention in the aftermath of the 1999 NATO aerial bombing campaign against the Federal Republic of Yugoslavia (FRY). It is comprised of the following sections: Context and Beginnings; The Media Mandate (Regulation Against Hate Speech; Public Service Broadcasting for Kosovo?; International Radio Stations); and Information Intervention Comes of Age. 1594. Mestrovi’c, Stjepan G. (Ed.) (1997). The Conceit of Innocence: Losing the Conscience of the West in the War Against Bosnia. College Station: Texas A & M University Press. 259 pp. This edited volume is comprised of the following chapters by the following authors: “Ethnic Cleansing: A Metaphor for Our Own Time” by Akbar S. Ahmed; “The Pinstripe Approach to Genocide” by Richard Johnson; “How
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the Conscience of the West Was Lost” by Georgie Anne Geyer; “’We Had to Jump Over the Moral Bridge’: Bosnia and the Pathetic Hegemony of Face-Work” by Keith Doubt; “Labeling Theory and the Wars in Croatia and Bosnia-Herzegovina” by Slaven Letica; “Idle Curiosity and the Production of Useless Knowledge: Academic Responses to Genocide” by Brad K. Blitz; “Serbia and Russia: U.S. Appeasement and the Resurrection of Fascism” by Richard Johnson; “Boris Yeltsin as Abraham Lincoln” by Albert Wohlstetter; “A Tale of Two Serbias” by Chandler Rosenberger; “Genocide: We are Responsible” by Stephen W. Walker; and “Clinton’s ‘European’ Bosnia Policies” by Marshall Freeman Harris. 1595. Metzl, Jamie F. (1997). “Information Intervention: When Switching Channels Isn’t Enough.” Foreign Affairs, November/December, 76(6):15– 21. A former UN Human Rights Officer, Metzl, argues that the international community should seriously consider new measures to combat gross human rights violations (including genocide), and one that he is in favor of is monitoring, countering, and blocking radio and television broadcasts that incite widespread violence in zones of conflict. In addition to commenting on various uses of broadcasts for propaganda purposes and/or to incite violence (the Nazi’s use in Germany to propagate their ideology, the use by the Hutus in 1994 Rwanda to goad their followers to commit genocide, and the use by certain leaders in the former Yugoslavia to foment ethnic conflict and bloodshed), Metzl discusses how the UN and nongovernmental organizations in various areas have used radio transmissions and programs to counter propaganda and hate-filled messages. He also discusses how NATO seized hard-liner Serb broadcast towers and virtually shut down the stations’ anti-NATO and hate-filled messages. Metzl also addresses the issue of censorship by stating that “As in U.S. domestic law, where free speech can be proscribed when it incites imminent lawless action, incitement to imminent mass human rights abuses or genocide would justify jamming activities by a U.N. information intervention unit” (p. 19). 1596. Metzl, Jamie Frederic (1997). “Rwandan Genocide and the International Law of Radio Jamming.” American Journal of International Law, 91(4):628–651. Metzl, a Harvard trained lawyer, states, in the Introduction to this piece, that Through examining the use of radio broadcasts in the 1994 genocide in Rwanda and U.S. response to it, the contexualized international law regarding radio jamming, and the contemporary framework for policy decisions on the radio
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jamming issue, this article argues that the traditional U.S. blanket rejection of jamming as a violation of free expression is no longer fully appropriate. It further asserts that a narrow exception to the general international standard supporting the free flow of information should be established for clear cases of incitement to genocide where the occurrence of the genocide appears imminent. Finally, it makes some preliminary suggestions for a structural context within which such exceptional activities might be carried out. (p. 630)
1597. Miall, Hugh (1992). “Peaceful Settlement of Post 1945 Conflicts: A Comparative Study,” pp. 62–85. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. In his introduction, Miall states that “This chapter reports findings from a continuing study of conflicts that have been peacefully resolved between 1945 and 1985. In order to draw conclusions about factors which influenced whether conflicts were peacefully resolved in this period, it was necessary to compare settlements in both armed and peaceful conflicts” (p. 62). Some of the many conclusions of the study are as follows: “Among the conflicts in the study, conflicts over interests (such as territory or resources) were easier to resolve peacefully than conflicts over values and relationships (such as ethnic conflicts) and than internal struggles for power” (p. 84); “ . . . ‘integrative’ solutions were important to the peacefully resolved ethnic and minority conflicts. The factor crucial to peaceful settlements was that the parties were prepared to acknowledge one another’s concern” (p. 85); and “ . . . the study gives some historical support to the contention that early third party intervention can assist peaceful resolution” (p. 85). 1598. Miller, Lynn H. (1990). Global Order: Values and Power in International Politics. Boulder, CO: Westview Press. 267 pp. Miller, professor of Political Science at Temple University, explores and explains the changing nature of international relations—including such key issues as sovereignty and intervention. The nine chapters that make up the book are: 1. “The Best and Worst of Times”; 2. “The Growth of the Westphalian System”; 3. “The TwentiethCentury Challenge to Westphalian Order”; 4. “Power and Values in World Society”; 5. “Minimizing the Resort to Violence”; 6. “The Search for Economic Well-Being”; 7. “The Enhancement of Human Dignity”; 8. “The Closing of the World Frontier”; and 8. “Toward Better Times.” 1599. Mills, Kurt (1998). Human Rights in the Emerging Global Order: A New Sovereignty? New York: St. Martin’s Press. 256 pp. Mills, professor of Political Science at The American University in Cairo,
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Egypt, investigates how the concept of sovereignty is changing as a result of normative, empirical, and institutional developments. From a normative political theory perspective, he argues that respect for human rights, popular sovereignty, and self-determination are inherent in the social purpose of the state and thus must be considered when evaluating claims to sovereignty and non-intervention. In doing so, he examines how recent international practice in the areas of human rights, self-determination, refugees and human migration, and humanitarian intervention are challenging traditional conceptions of sovereignty in important, yet ambiguous, ways. He also provides policy prescriptions to deal with continuing humanitarian problems. He concludes that the concept of sovereignty is changing, at best in ambiguous ways, and argues that what is needed is a more fluid notion of sovereignty that recognizes the partial, multiple and overlapping centers and levels of authority and power which are developing in the emerging global order. The book is comprised of the following six chapters: chapter 1. “Reconstructing Sovereignty”; 2. “The Quest for Community: International Changes to Sovereignty”; 3. “Permeable Borders: Human Migration”; 4. “Humanitarian Access and Intervention”; 5. “The Institutional Foundations of the New Sovereignty” and 6. “Concluding Observations in the New Sovereignty.” 1600. Mirkovic, Damir (2001). “NATO’s Genocidal War to Prevent Genocide: A Critique.” Peace Research, 33(1):69–77. Mirkovic, professor of Sociology at Brandon University in Manitoba, Canada, writes as follows in his introduction: NATO’s bombing of Yugoslavia in March 1999 was called a humanitarian mission; it was supposed to stop ethnic cleansing in Kosovo. This attack has negative consequences for Yugoslavians, for international law and order, and even for democracy. As any modern war, the Kosovo conflict became genocidal for the ethnic population of the region (including Serbs, Albanians, Gypsies, Montenegrins, etc.). . . . Because this paper focuses on the genocidal consequences of the Kosovo military intervention, we should reflect on the relationship between war and genocide, and on the tension between the traditional concept of state sovereignty and the idea of humanitarian military intervention. (p. 69)
1601. Mockaitis, Thomas R. (1999). Peace Operations and Intrastate Conflict: The Sword or the Olive Branch? Westport, CT: Praeger Publishers. 166 pp. In chapter 4, “The Former Yugoslavia,” Mockaitis, professor of History at DePaul University, analyzes the peace operations of the United Nations
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Protection Force (UNPROFOR) in the former Yugoslavia between 1992 and 1995. Mockaitis argues that [a]nalysis of the missions . . . [in] the former Yugoslavia reveals the consistent pattern that such interventions follow and illustrates the inadequacy of peacekeeping models for intrastate conflict. . . . [The] UN deployed a peacekeeping force under Chapter 6, only to discover that such a force could accomplish little in the face of an active civil war. Circumstances dragged each mission inexorably toward enforcement, no matter what the Security Council chose to designate such action. . . . [The] intervention led to large-scale deployment of troops armed for combat rather than peacekeeping, yet . . . soldiers found themselves engaged in a multiplicity of tasks necessitated by the collapse of civil society. They had to work closely with relief organizations as well as local police to safeguard deliveries of humanitarian aid, protect civilians, and negotiate local cease-fires. These activities required civil-military cooperation, which generally occurred on an ad hoc basis. Because the UN and its member states insisted on applying traditional peacekeeping methods to the unique conditions of civil conflict, [the] mission responded to an escalating crisis on a reactive, rather than on a proactive, basis. This ad hoc approach reduced the effectiveness of each intervention and led to greater loss of life than might otherwise have occurred. The limited effectiveness of the missions suggests the need for a new approach to such intervention. Intervening in an active civil war is neither a peacekeeping activity nor a collective security action. Troops inserted in an active civil war must be prepared for a range of contingencies from combat to policy work. They must be prepared to work closely with a host of international, governmental, and nongovernmental agencies (NGOs), as well as with local civil, police, and military authorities. (pp. 6–7)
In chapter 5, “Peace Operations and Intrastate Conflict: Towards a New Paradigm,” Mockaitis discusses a new approach he developed for intervention in intrastate conflict. Not only does it focus on the aforementioned contingencies that troops must be prepared to face and address, but it also expounds upon the author’s proposition that “intervention to end civil conflict more closely resembles counterinsurgency than it does any other form of military activity” (p. 7). As Mockaitis is careful to note, he’s making a case for the transfer of broad principles here, not precise methods of counterinsurgency. 1602. Monshipouri, Mahmood, and Welch, Claude E. (2001). “The Search for International Human Rights and Justice: Coming to Terms with the New Global Realties.” Human Rights Quarterly, 23(2):370–401. In their introduction, Monshipouri (professor and chair of the Political Science Department at Quinnipiac University) and Welch (SUNY Distinguished Professor of Political Science) write that “To assess the evolution of international human rights since the end of the Cold War, we analyze a
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complex array of issues, from sovereignty to intervention, from globalization to international justice [including the ad hoc international criminal tribunals in the Former Yugoslavia and Rwanda, and the Pinochet case], issues that brought enormous pressure to state policymakers as they face these new realities” (p. 372). 1603. Morgenthau, Hans J., and Thompson, Kenneth W. (1985). Politics Among Nations: The Struggle for Power and Peace. New York: McGraw Hill. 688 pp. Considered a classic in the field, this book argues in favor of political realism and its perspective of the state as a rational and unitary actor that pursues, as its main goal, a self interest whose ultimate aim is “the pursuit of power.” 1604. Morris, Justin (1998). “Collective Security: The United Nations and the Challenge of the Future,” pp. 193–212. In Werner Kaltefleiter and Ulrike Schumacher (Eds.) The Rise of a Multipolar World. Frankfurt am Main: Peter Lang. In his introduction, Morris, lecturer in international politics at the University of Hull in Great Britain, comments as follows: The reasons for the failure of the UN to live up to the high hopes of the earlier months of the post-Cold War era are various and complex. Many of the criticisms were (and continue to be) based upon expectations which were themselves wholly unrealistic. The euphoria which surrounded the successful execution of operations in the Gulf War [against Iraq, which had invaded Kuwait] gave rise to a clamor for UN involvement in numerous other crises. Such calls were based on artificially heightened, and at times erroneous, expectations, but it was against such hopes that subsequent judgments as to success were made. The problem was further exacerbated by the fact that in the words of the Charter itself the UN appears to make promises which it cannot live up to. Indeed, in its pronouncements over respect for human rights and self-determination, it pledges that which arguably the drafters themselves knew to be beyond the reach of an organization such as the (sic) which they sought to establish. The United Nations does not have an open license to act as it chooses, but must operate within constitutionally defined parameters. But these were drawn up over fifty years ago and, remaining largely unaltered to this day, appear to many to be outdated, leading inevitably to calls for reform. The limitations of the organization reflect the fact that it can only operate successfully on the basis of consensus amongst the sovereign states of which it is composed. Such agreement alone is not sufficient however, for collective security organizations are also dependent upon the existence of a particular political environment if they are to function effectively. The issue of consensus, and the prevailing political environment in which the UN currently operates pose significant problems for the organization in the post-Cold War era. This paper aims to assess these problems and to look for potential solutions to them. (p. 194)
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The sections that comprise the essay are: The Limits of Collective Security and the New Security Agenda; The Security Council and the Notion of “Security”; and The UN Security and the Politics of Consensus. 1605. Morrison, Alex (1994). “A Standing United Nations Military Force: Future Prospects,” pp. 185–204. In David A Charters (Ed.) Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. In the introduction to this piece, Morrison, executive director of the Canadian Institute of Strategic Studies in Toronto, notes the following: Chapter VII of the United Nations Charter deals with the subject of the permanent assigning of forces by member states to the United Nations, and with the Military Staff Committee. The easing of cold war tension between east and west, and the willingness of the successor states to the USSR to be more cooperative within the United Nations system, especially in the Security Council, have given rise to a more serious consideration of all aspects of the matter of a standing army. Recently, proposals that the United Nations ought to establish a permanent armed force to be used on the decision of the Security Council have resurfaced. The discussions have revealed a lack of understanding of all of the factors involved in such a course of action, including those of command and control, finance, training, and freedom of use and movement. In fact, actions already taken by individual states in designating forces for use with the United Nations have, in effect, created a standing military force. This essay will examine the reasons behind the inclusion of the standing military force concept in the UN charter, outline the purposes for which it was intended, raise and discuss the factors that must be taken into consideration prior to implementation, and suggest alternative methods of achieving the same end. (p. 185)
1606. Munck, Gerado, and Kumar, Chetan (1998). “Conflict Resolution and International Intervention in El Salvador and Cambodia,” pp. 174–193. In Roger E. Kanet (Ed.) Resolving Regional Conflicts. Urbana and Chicago: University of Illinois Press. Munck, professor of Political Science at the University of Illinois at UrbanaChampaign, and Kumar, a researcher at the International Peace Academy, compare and contrast UN intervention in El Salvador and Cambodia, and in doing so discuss the “conditions for successful UN intervention in conflict resolution” (p. 174). 1607. Murphy, Sean D. (1996). Humanitarian Intervention: The United Nations in an Evolving World Order. Philadelphia: University of Pennsylvania Press. 427 pp.
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A major study of the complexities of humanitarian intervention, this book was the recipient of a Certificate of Merit from the American Society of International Law. Written by an individual who was formerly in the office of the legal adviser of the U.S. Department of State and who later served as counselor for legal affairs at the U.S. Embassy in the Hague, this book addressees the following fundamental questions: “Should states be allowed to intervene militarily in the affairs of other states to prevent human rights deprivation—an action commonly referred to as ‘humanitarian intervention’?”; and “If so, under what conditions should such intervention occur?” Murphy does so by providing an in-depth examination of the historical development of constraints on the use of force and through incidents of humanitarian intervention prior to, during, and after the cold war. In regard to cases of genocide, it examines interventions in Bosnia and Rwanda. The book is comprised of eight chapters: 1. “Humanitarian Intervention: Preliminary Considerations” (A. Humanitarian Intervention Defined; B. Law, Morality, and Political, Theory; and C. Methodology); 2. “Humanitarian Intervention Prior to the UN Charter” (A. Ancient Legal Traditions; B. Christian Legal Traditions; C. The Rise of the Nation-State: Grotius and Vattel; D. The Growth of Positive Law; E. The Era of the Concert of Europe; and F. The Convenant of the League of Nations and the Kellogg-Briand Pact); 3. “The UN Charter: Origins and Text”; 4. “Intervention During the Cold War (1945–1989)”; 5. “Incidents of Intervention After the Cold War” (including Bosnia-Herzegovina, 1992, and Rwanda, 1994); 6. “The United Nations and Humanitarian Intervention” (A. The Evolving Nature of “Threats to Peace”; B. Promises and Problems in the Security Council’s New Role; C. A Duty to Intervene? D. The Structure of the Security Council and the Role of Other UN Organizations; E. The Means for UN Humanitarian Intervention; F. The Limits of Humanitarian Intervention; G. Key Difficulties Encountered to Date; and H. Improvements for Future Interventions); 7. “Regional Organizations and Humanitarian Intervention” (A. Regional Arrangements Under the Charter; B. Applying Chapter VII to Humanitarian Invention—1. Practices, 2. Prospects); and 8. “Unilateral Humanitarian Intervention” (A. Rules-Oriented Approach, B. Policy-Oriented Approach, C. Philosophy-Oriented Approach, D. The Security Council as Authoritative Decisionmaker, and E. Toward Criteria for the Conduct of Unilateral Humanitarian Intervention). 1608. Musah, Abdel-Fatau, and Fayemi, J. Kayode (Eds.) (2000). Mercenaries: An Africa Security Dilemma. Sterling: Pluto Press. The collective authors of this book raise the alarm over the increasing trend of weak governments in African countries to hiring private military companies (PMCs). This generally happens when such governments face
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challenges from rebel groups and cannot count on armed intervention by former cold war benefactors. At “work” in dozens of countries, PMCs fight the rebel forces, head up weapons transfers, train special forces, often conduct business with crooked politicians, oversee mineral-extraction sites, and frequently accept payment in mining concessions and oil contracts. 1609. Namibiar, Satish (2001). “UN Peacekeeping Operations in the former Yugoslavia—from UNPROFOR to Kosovo,” pp. 167–181. In Ramesh Thakur and Albrecht Schnabel (Eds.) United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. New York: United Nations Press. In his introduction, Namibiar, a retired lieutenant-general in the Indian Army and the first force commander and head of mission of the UN Protection Forces in the Former Yugoslavia (March 1992–March 1993), asserts that Peacekeeping operations . . . lay a stable base for the pursuit of peacemaking and peace-building. Quite often, however, a measure of stability brought about by the cessation of hostilities is not exploited speedily [following] peacemaking activity and there is a reversion to conflict, for which ironically the peacekeepers are blamed rather than those who should have exploited the advantage. Sadly, this was the experience of those of us who served with UNPROFOR in the early period. (p. 168)
In this chapter, Namibiar, discusses the following: the backdrop to the deployment of UNPROFOR; the UNPROFOR experience (e.g., a succinct historical background to the region, key political issues at work, key military concerns, coordination with aid agencies, the media and the public information system); and the route to Kosovo. 1610. Nardin, Terry (2002). “The Moral Basis of Humanitarian Intervention.” Ethics & International Affairs, 16(1):57–70. Nardin first observes and then asserts the following: Humanitarian intervention is usually discussed as an exception to the nonintervention principle. According to this principle, states are forbidden to exercise their authority, and . . . to use force, within the jurisdiction of other states. The principle finds firm support in the United Nations Charter, which permits a state to defend itself from attack but forbids the use of armed force against the territorial integrity or political independence of other states. Taken literally, these provisions prohibit armed intervention, including intervention to protect human rights. And in general, humanitarian intervention finds scant support in modern international law. There is, however, a much older tradition in which the use of force is justified not only in self-defense but to punish wrongs and protect the innocent. This tradition is in some tension with modern international law and especially with the UN Charter. It holds that armed intervention is permissible to enforce
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standards of civilized conduct when rulers violate these standards, and finds expression today in the widely held opinion that states, acting unilaterally or collectively, are justified in enforcing respect for human rights. It is this enduring tradition, not current international law, that best explains the moral basis of humanitarian intervention. My strategy in this article is to relocate discussion of humanitarian intervention, moving it out of the familiar discourse of sovereignty and self-defense and into the discourse of rectifying wrongs and protecting the innocent. First, I examine arguments made in early modern Europe for using armed force to uphold natural law. I want to understand how what we now call humanitarian intervention was conceived by moralists, theologians, and philosophers writing about international relations before the emergence of modern international law. . . . Second, I consider how humanitarian intervention is justified within a powerful reformulation of natural law worked out by philosophers influenced by Immanuel Kant. This post-Kantian version of natural law, which I follow Alan Donagan in calling “common morality,” suggests why humanitarian intervention remains morally defensible despite modern efforts to make it illegal. (pp. 57–58)
1611. Natsios, Andrew S. (1997). US Foreign Policy and the Four Horsemen of the Apocalypse: Humanitarian Relief in Complex Emergencies. Westport, CT: Praeger. 216 pp. Natsios examines the bureaucratic, political, operational, and security dimensions of complex emergencies, and the evolving policies of the United States in responding to such emergencies. Additionally, he examines the relationship of disaster response to U.S. foreign policy and national interest, and makes suggestions for improving both relief strategies and systems for designing those strategies. In doing so, he argues for the need to redefine “national interest” to include complex humanitarian emergencies, even whether there is no overt geostrategic interests at stake. The book is comprised of the following chapters: “Anatomy of a Complex Humanitarian Emergency”; “Complex Humanitarian Emergencies and U.S. National Interest”; “The Bureaucratic Politics of Disasters”; “Nongovernmental Organizations”; “The United Nations and the International Committee of the Red Cross”; “The U.S. Military and Complex Humanitarian Emergencies”; “The Policy Influence of the News Media”; and “On Strategy.” 1612. Nederveen, Pieterse, Jan (Ed.) (1998). World Orders in the Making: Humanitarian Intervention and Beyond. Basingstoke, UK: Macmillan in association with the Institute of Social Studies. The contributions address a host of legal, military, and humanitarian issues germane to humanitarian intervention.
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1613. Odom, William E. (2000). “Making NATO Intervention Work: An American Viewpoint.” Strategic Review. Summer, 28(2):13–18. In this provocative piece, retired U.S. Army General William E. Odom, argues that the most effective way for the North Atlantic Treaty Organization (NATO) to intervene in crises (including the perpetration of genocide) is to be selective, decisive in its execution of the intervention (e.g., complete and utter defeat of the enemy), and in favor of the development of a “new society committed to rejoining the international order” (p. 15). 1614. O’Halloran, Patrick J. (1995). “Humanitarian Intervention and the Genocide in Rwanda.” Conflict Studies 277. London: Research Institute for the Study of Conflict and Terrorism. 32 pp. This study, by a lecturer in the Strategic Studies Department at the Collège Militaire Royal, St. Jean, Quebec, focuses on: (1) the forces that resulted in the 1994 Rwandan genocide; (2) the theory, assumptions, and legalities which prevented an effective international and regional response; and concludes with (3) a rationale for the evolution in humanitarian intervention. 1615. O’Hanlon, Michael (2003). Expanding Global Military Capacity for Humanitarian Intervention. Washington, D.C.: Brookings Institution.125 pp. O’Hanlon (a senior fellow in foreign policy studies at the Brookings Institution), presents a blueprint for developing a sufficient global intervention capacity to save more lives through force than have been saved in the past. He contends that, at least for now, individual countries rather than the United Nations should develop the aggregate capacity to address several crises of varying scale and severity, and that many more countries should share in the effort. The United States’ role, he argues, should be twofold: it must make slight redesigns in its own military and encourage other nations to join it in this type of intervention, including training and support of troops in countries that are willing to take the necessary steps to prevent humanitarian disasters but lack the resources. 1616. O’Hanlon, Michael E. (2000). “The Future of Humanitarian Intervention.” Brookings Review, Fall, pp. 35–37. In this piece, O’Hanlon argues that the decision “to use military force to save lives requires answering three critical questions: ‘When and where should we intervene?; ‘How should we do so?’; ‘And who should do the intervening?’ By answering these questions carefully—and by trying to develop more global capacity for conducting peace and humanitarian operations—the international community can significantly reduce violence around the world in the years ahead” (p. 35). O’Hanlon goes on to address each of the aforementioned questions.
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1617. O’Hanlon, Michael (1997). Saving Lives With Force: Military Criteria for Humanitarian Intervention. Washington, D.C.: Brookings Institution. 86 pp. In this study/pamphlet, O’Hanlon, a defense analyst in the foreign policy studies program at The Brookings Institution, provides a framework for understanding the military dimensions of humanitarian intervention—such as those undertaken in Rwanda (following the 1994 genocide) and Bosnia in the 1990s. More specifically, he analyzes operations likely to be conducted under Chapter VII of the UN Charter for the purpose of restoring order in nations plagued by violence. He also discusses a subset of Chapter VI peacekeeping missions in which one or more parties that initially gave approval to a peace accord and the deployment of outside forces subsequently change its/their mind(s) and resort(s), again, to violence. In such cases, outside powers may choose to use peacekeepers to forcibly restore peace. In a foreword to the study, the President of the Brookings Institution states that “One of O’Hanlon’s principal purposes [herein] is to help policymakers foresee the likely determinants of casualties in possible missions in order to better inform choices about when and where to send U.S. troops” (p. vi). The contents of the pamphlet are as follows; 1. “The Need for Outside Military Combat Forces”; 2. “Planning and Conducting an Intervention” (Establishing Lodgments, Establishing Strongholds, Neutralizing Hostile Forces and Extending Control, Summing Up Requirements); 3. “Mandates, Exit Strategies, and Mission Duration” (When Not to Intervene; To Nation-Build, Nation-Divide, Negotiate, or Neutralize?; Basic Elements of Nation-Building and Nation-Repairing);and 4. “Costs and Casualties” (Budgetary Costs and Casualty Estimates). 1618. O’Neill, William (2002). Kosovo: An Unfinished Peace. Boulder, CO: Lynne Rienner Publishers. 157 pp. Despite the deployment of NATO forces in Kosovo and the UN’s direct involvement in governing the province, murder, disappearances, bombings, and arson continued to be routine occurrences. O’Neill analyzes the nature of the violence and assesses efforts carried out to secure public safety. In doing so, he considers how the particular evolution of the Kosovo Liberation Army had enduring negative consequences for the rule of law, how weak UN and NATO policies contributed to this trend, and how the situation could be reversed. 1619. Onuf, Nicholas (2003). “Normative Frameworks for Humanitarian Intervention,” pp. 28-45. In Anthony F. Lang, Jr. (Ed.) Just Intervention. Washington, D.C.: Georgetown University Press.
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This chapter by Onuf, professor of international relations at Florida International University, addresses the following issues: constructing frameworks, normative complexity in the modern world (The Republican Framework, The Liberal Framework, The Socialist Framework); and framing humanitarian intervention. 1620. Orford, Anne (2003). Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law. New York: Cambridge University Press. 243 pp. Orford, associate professor in the Law School at the University of Melbourne, provides critical readings of the narratives that accompanied major humanitarian interventions in the 1990s and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that “a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during the period.” The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory, and critical geography “in order to develop ways of reading directed at thinking through the cultural and economic effects of ‘militarized humanitarianism’.” The book is comprised of the following chapters: 1. “Watching East Timor”; 2. “Misreading the Texts of International Law”; 3. “Localizing the Other: The Imaginative Geography of Humanitarian Intervention”; 4. “Self-determination After Intervention: The International Community and Post-Conflict Reconstruction”; 5. The Constitution of the International Community: Colonial Stereotypes and Humanitarian Narratives”; and 6. “Dreams of Human Rights.” 1621. Organization of African Unity (OAU) (2001). “International Panel of Eminent Personalities (IDEP): Report on the 1994 Genocide in Rwanda and Surrounding Events (Selected Sections).” International Legal Materials, 40:140–235. In the abstract of this report, it is stated that The Organization of African Unity (OAU) formed the International Panel of Eminent Personalities [Panel] to investigate the Rwandan genocide and to contribute to the prevention of further conflicts in the region. The Panel endorsed the finding of the earlier Carlsson Inquiry report that “the UN’s Rwandan failure was systemic and due to a lack of political will” (p. 140). The Panel found that “[j]ust about every mistake that could be made was made” (p. 140). The Panel found that the UN did not perceive the UN Assistance Mission to Rwanda (UNAMIR) as a particularly difficult mission, and so did not provide UNAMIR with an adequate force or mandate. The Panel also argued that the
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UN had compromised its integrity by maintaining “insistent and utterly wrongheaded neutrality regarding the genocidaires (p. 140). The Panel suggested that the UN Security Council and Secretariat had paid too much attention to cease-fire negotiations rather than ending the massacres. . . . The Panel called for a substantial re-examination of the 1948 Genocide Convention with attention to, interalia: 1. the definition of genocide; 2. a mechanism to prevent genocide; and 3. the legal obligation of states when genocide is declared. The Panel also proposed the institution of a special Rapporteur for the Genocide Convention, within the office of the UN High Commissioner for Human Rights, to provide the UN Secretary-General and Security Council with pertinent information concerning situations that are at risk for genocide (p. 140).
1622. Owen, Lord David (2000). “A Clinician’s Caution: Rhetoric and Reality,” pp. 3–16. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. Owen (former foreign secretary of the United Kingdom and the European Union’s Mediator to the former Yugoslavia) discusses the following: (1) his perception as to the realities of intervention, (2) the need to be well-informed and cautious when considering intervention, (3) the importance to know when not to intervene, and (4) the critical need to have the awareness of when (as well as the fortitude) to “cut one’s losses and leave.” In his essay, he discusses the 1994 Somalia crisis, the 1994 Rwandan genocide, the “safe haven” policy in Bosnia-Herzegovina in the 1990s, the haphazard implementation of sanctions, NATO’s involvement in Bosnia and Kosovo, and the various roles, responsibilities and limitations of such entities as the UN and NATO. 1623. Parenti, Michael (2000). To Kill a Nation: The Attack on Yugoslavia. New York: Verso. 246 pp. Drawing on a wide range of published and unpublished material (mostly Western sources) and observations gathered from his visit to Yugoslavia in 1999, Parenti challenges the mainstream media reportage of the situation in the former Yugoslavia and purports to uncover the real goals behind the Western assertions of “genocide,” “ethnic cleansing,” and “democracy.” In his introduction, Parenti writes as follows: I will argue that Western intervention in Yugoslavia has not been benign but ruthlessly selfish, not confused but well directed, given the interests that the interventionists serve. The motive behind the intervention was not NATO’s newfound humanitarianism but a desire to put Yugoslavia—along with every other country—under the suzerainty of free-market globalization.
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. . . Western leaders talk of peace, and perpetrate merciless wars. They call for democracy while supporting ex-Nazis and fostering despotic intercessions. They hail self-determination while exercising coercive colonial rule over other peoples. They denounce ethnic cleansing while practicing it themselves. This is what I shall attempt to demonstrate in the pages ahead. Much of the debate about the Yugoslav conflict revolves around questions like: Whom do we believe? What sources do we rely on? Is it the free and independent Western media or Belgrade’s government-controlled press? I would answer as follows: The U.S. media, as with most of the news media in other Western nations, are not free and independent. They are owned and controlled by largely conservative corporate cartels that adhere to the selfserving neoliberal ideology of international finance capital. The goals of these politico-economic elites is to transform the world in to a global economy under the tutelage of the transnational corporations, backed by the unanswerable imperial might of the United States and its allies. (pp. 2, 3)
1624. Pasic, Amir, and Weiss, Thomas G. (1998). “The Politics of Rescue: Yugoslavia’s Wars and the Humanitarian Impulse,” pp. 296–333. In Joel H. Rosenthal (Ed.) Ethics and International Affairs: A Reader. Washington, D.C.: Georgetown University Press. This essay by Pasic (deputy director of the Project on World Security at the Rockefeller Brothers Fund) and Weiss (Distinguished Professor of Political Science at the Graduate School and University Center at the City University of New York) addresses the following issues: the politics of rescue, the regime of the displaced from Yugoslavia’s wars, and the issues of humanitarianism and sovereignty. (Note: This essay is also included in Anthony F. Lang Jr.’s (Ed.) Just Intervention. Washington, D.C.: Georgetown University Press, 2003.) 1625. Pechota, Vratislav (1992). “Establishing Criminal Responsibility and Jurisdiction for Genocide,” pp. 197–204. In Helen Fein (Ed.) Genocide Watch. New Haven, CT: Yale University Press. Pechota suggests various ideas as to how both individual nations and the international community could intervene in the case of genocidal actions. Among the many he discusses are: a resolution by the United Nations General Assembly that defines the role of neighboring countries when a genocidal situation arises, including requiring them to call international attention to the genocidal actions and to attempt to secure evidence of the genocide; and the development of “an international mechanism for the compensation, restitution, and resettlement of groups victimized by acts of genocide” (p. 204). 1626. Pellet, Alain (2000). “State Sovereignty and the Protection of Fundamental Human Rights; An International Law Perspective,” pp. 37– 45. In Pugwash
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Study Group (Ed.) Pugwash Study Group on Intervention, Sovereignty and International Security. February, 1(1). Cambridge, MA: Council of the Pugwash Conferences on Science and World Affairs. In his introduction, Pellet states that “The purpose of this very brief paper is to show that sovereignty, properly defined, is not a defense for breaches of gross violations of fundamental human rights” (p. 37). It includes an instructive discussion of “simply binding” versus “peremptory norms of general public international law,” and the ramifications of each in relation to the issues of sovereignty and “internal affairs.” Pellet concludes with an application of his argument to the situation in Kosovo in early 1999. 1627. Peou, Sorpong (2002). “The UN, Peacekeeping and Collective Human Security: From An Agenda for Peace to The Brahimi Report.” International Peacekeeping, Summer, 9(2):51–68. The author of this article first observes and then asserts the following: “The new UN vision for world peace [following the end of the cold war] challenges the traditional value of order, which rejects interventionism, and expands universal values that acknowledge the unity of humanity, such as social justice, democracy, human rights and humanitarian intervention” (p. 52). This author argues that the concept of “collective human security” has challenged the traditional concept of national security, but the United Nations must work to overcome the barriers to helping the nation of states realize that this is so. The piece concludes with this statement: [Ultimately,] “we need to ask more serious questions: who exactly can provide for security and how can collective action be taken? We should never stop thinking about promoting human security collectively but will need to find a recipe more powerful than making countless policy recommendations for change and then conveniently saying that all depends on the political will of UN member states and parties to the conflict (p. 52). 1628. Philpott, Daniel (1999). “Westphalia, Authority, and International Society.” Political Studies, 47(3):566–589. In his introduction, Philpott, professor of Political Science at the University of California at Santa Barbara, writes as follows: The Peace of Westphalia, the 1648 settlement of the Thirty Years War, now eponymous among scholars for our system of sovereign states, is 350 years old. Audacious claimants of change commemorate this birthday as a funeral
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rite. They speak grandly, of our own times as interesting, of sovereignty’s erosion, of moving beyond Westphalia, of a new medievalism, all realized through the expansion of the European Union, the rise of internationally sanctioned intervention, and governments’ loss of control over goods, money, migrants, investment, drugs and terrorists—moving across borders. . . . Predictably, to others, this talk is fustian. None of the Westphalia Settlement’s words is lapidary: the rise of state sovereignty at Westphalia, the robustness of state sovereignty since Westphalia, and the fall of state sovereignty today are all overrated. If the seers are right, then Westphalia is properly commemorated, and our times interesting. Changes in international politics after the Cold War are more fundamental than the usual sorts of changes that follow the usual major wars: crownings of new hegemons, constructions of new schemes for maintaining peace and order, and ascents of new victors of the game with new players and new rules, indeed, as I shall argue, a revision in the constitutional authority underlying international relations. Our literature, though, lacks a concept that would tell us whether this sort of change is taking place, and if so, how it compares in quality and scale with previous changes in international authority. So that is what I propose: To develop the concept of the constitution of international relations. In the first half of the paper, I explicate the concept. In the second half, I use it to characterize international history—as one of successive constitutional changes, and finally to judge the allegations of contemporary revolution. (pp. 566–567)
The essay is comprised of the following sections and subsections: The Constitution of International Society; The Three Faces of Authority; But What Exactly Are Constitutions of International Society?; A Brief History of Constitutions of Society in the West; Toward a System of Sovereign States (The Revolution at Westphalia, Westphalian Europe and the Rest of the World, The Rise of Colonial Independence); Away from a System of Saving States (Minority Treaties, The Return of European Unity, Internationally Sanctioned Intervention, Other Circumscriptions of Sovereignty); and Conclusions. 1629. Pieterse, Jan Nederveen (Ed.) (1998). World Orders in the Making: Humanitarian Intervention and Beyond. Basingstoke: Macmillan. 276 pp. This book of essays (most of which were delivered at a symposium at the Institute of Social Studies in 1996) combines perspectives from international law, international relations, organization studies, political philosophy, and media studies. The unifying issue herein is the tension between state sovereignty and basic human rights in the post-cold war world. In his introductory and concluding chapters, Pieterse wisely asserts that humanitarian intervention cannot, alone, solve the various causes of conflict, and that theorists, activists, and politicians need to also consider and address such issues as global democratization and global development.
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The book is comprised of the following chapters: “Humanitarian Intervention and Beyond: Introduction” by Jan Nederveen Pieterse; 1. “Humanitarian Action in War Zones: Recent Experience and Future Research” by Thomas G. Weiss; 2. “Containing Systemic Crisis: The Regionalization of Welfare and Security Policy” by Mark Duffield; 3. “Human Rights and Intervention: A Case for Caution” by Caroline Thomas and Melvyn Reader; 4. “Rethinking Humanitarian Intervention” by Bhikku Parekh; 5. “Humanitarian Intervention: A Military View” by Major-General Rtd J. W. Brinkman; 6. “The Media and the Rwanda Crisis: Effects on Audiences and Public Policy” by Greg Philo, Lindsey Hilsum, Liza Beattie and Rick Holliman; and 7. “Sociology of Humanitarian Intervention: Bosnia, Rwanda and Somalia Compared” by Jan Nederveen Pieterse 1630. Porter, Jack Nusan (Ed.) (1982). Genocide and Human Rights: A Global Anthology. Lanham, MD: University of America. 353 pp. Three chapters in this book specifically address the issues of the intervention and prevention of genocide: “On Preventing Genocide” by Helen Fein; “America’s Shame: The Unratifed Genocide Treaty” by William Korey; and “A Genocide Early Warning System” by Israel W. Charny. The book also includes, as part of its Appendices, a section entitled “Raphael Lemkin on Genocide.” Of particular interest in the latter is a section entitled “Recommendations for the Future.” 1631. Posen, Barry R. (1999). “Military Responses to Refugee Disasters,” pp. 406–426. In Robert J. Art and Kenneth N. Waltz (Eds.) The Use of Force: Military Power and International Politics. Lanham, MD: Rowman & Littlefield Publishers. Basically, Posen, professor of Political Science at the Massachusetts Institute of Technology, argues that counter to what many now purport, attempts to solve refugee crises (when internally displaced or flowing over borders) via military means will prove to be both politically and militarily difficult. In making his argument, Posen discusses such issues as the cause of displacement (e.g., genocide/politicide, ethnic cleansing, occupation, collateral damage, and primitive military logistics); different types of military remedies that have been suggested by various parties; the importance of the strategic context; and the kinds of issues that arise in selecting a military remedy. 1632. Pottier, Johan (2004). Re-Imagining Rwanda: Conflict, Survival and Disinformation in the Late Twentieth Century. New York: Cambridge University Press. 251 pp. Herein, Pottier, Professor of Social Anthropology at the School of Oriental
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and African Studies, University of London, argues that the post-genocide regime in Rwanda was able to impose a simple yet persuasive account of Central Africa’s crises upon international commentators new to the region. In doing so, he presents what he claims are the ideological underpinnings of “this official narrative.” He also argues that the misleading assessment of the situation on the ground led to policy errors that exacerbated the original crisis. The book is comprised of the following: “Introduction: Information and Disinformation in Times of Conflict”; 1. “Build-up to War and Genocide: Society and Economy in Rwanda and Eastern Zaire”; 2. “Mind the Gap: How the International Press Reported on Society, Politics and History”; 3. “For Beginners, by Beginners: Knowledge Construction under the Rwandese Patriotic Front”; 4. “Labeling Refugees: International Aid and the Discourse of Genocide”; 5. “Masterclass in Surreal Diplomacy: Understand the Culture of ‘Political Correctness’”; 6. “Land and Social Development: Challenges, Proposals and Their Imagery”; and “Conclusion: Representation and Destiny.” 1633. Power, Samantha (2002). “A Problem from Hell”: America and the Age of Genocide. New York: Basic Books. 611 pp. Written by a former Balkan war correspondent who is also a graduate of Harvard Law School and currently the executive director of the Carr Center for Human Rights Policy at the John F. Kennedy School of Government at Harvard University, this highly acclaimed and powerful book provides a critical analysis of the United States’ reaction to genocide during the course of the twentieth century. In presenting her analysis, Power examines the United States’ reaction(s) as genocide was perpetrated by the Ottoman Turks against the Armenians, the Nazis’ mass murder of the Jews and others, the Khmer Rouge’s murder of some two million fellow Cambodians, Iraqi dictator Saddam Hussein’s gassing of the Iraqi Kurds, the genocide of Bosnian Muslims in Bosnia-Herzegovina, and the 1994 genocide of approximately eight hundred thousand Tutsi and moderate Hutus by Rwandan Hutus. Drawing upon exclusive interviews with many of Washington’s top policymakers, access to thousands of pages of newly declassified documents, and her own reporting, Power shows how U.S. citizens inside and outside government looked away from genocide by convincing themselves that refugees were lying, that intervention would be futile, or that contemporary genocide did not measure up to the crime they said they would “never again permit.” She also presents recommendations for improving both individual and collective responses to genocidal events.
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In her preface, Power writes as follows: The United States had never in its history intervened to stop genocide and had in fact rarely even made a point of condemning it as it occurred I found that . . . U.S. policy makers knew a great deal about the crimes being perpetrated. . . . And the United States did have countless opportunities to mitigate and prevent slaughter. But time and again, decent men and women chose to look away. We have all been bystanders to genocide. The crucial question is why. The answers seemed to lie in the critical decisions—and decision not to decide—made before, during, and after the various genocides. In exploring a century of U.S. reactions to genocide, I asked: Were there early warnings that mass killing was set to commence? How seriously were the warnings taken? By whom? Was there any reason to believe the violence expected would be qualitatively or quantitatively different from the “run of the mill” killings that were typical of the local warfare? Once the violence began, what classified or open intelligence was available? What constraints operated to impede diagnosis? How and when did U.S. officials recognize that genocide (and not merely war) was under way? Who inside or outside the U.S. government wanted to do what? What were the risks or costs? Who opposed them? Who prevailed? How did public opinion and elite opinion diverge? And finally, how were the U.S. responses, the genocides, and the Americans who urged intervention remembered later? . . . Before I began exploring America’s relationship with genocide, I used to refer to U.S. policy toward Bosnia as a “failure.” I have changed my mind. It is daunting to acknowledge, but this country’s consistent policy of non-intervention in the face of genocide offers a testimony not of a broken American political system but to one that is ruthlessly effective. The system, as it now stands is working. No U.S. president has ever made genocide prevention a priority, and no U.S. president has ever suffered politically for his indifference to its occurrence. It is thus no coincidence that genocide rages on. (pp. xv, xvi–xvii, xxi)
A Problem from Hell”: America and the Age of Genocide is comprised of the following chapters: 1. “’Race Murder’”; 2. “A Crime Without a Name”; 3. “The Crime With a Name”; 4. “Lemkin’s Law”; 5. “’A Most Lethal Pair of Foes’”; 6. “Cambodia: ‘A Helpless Giant’”; 7. “Speaking Loudly and Looking for a Stick”; 8. “Iraq: ‘Human Rights and Chemical Weapons Use Aside’”; 9. “Bosnia: ‘No More Than Witnesses at a Funeral’”; 10. “Rwanda: ‘Mostly in a Listening Mode’”; 11. “Srebrenica: ‘Getting Creamed’”; 12. “Kosovo: A Dog Fight”; 13. “Lemkin’s Courtroom Legacy”; and 14. “Conclusion.” 1634. Price, Monroe E. (2000). “Information Intervention: Bosnia, the Dayton Accords, and the Seizure of Broadcasting Transmitters.” Cornell International Law Journal, 33(1):67–112.
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Price, Professor of Law at Benjamin N. Cardozo School of Law, addresses NATO’s media policy during the first stages of its administration of BosniaHerzegovina. More specifically, he states that In particular, I examine the implementation of the Dayton Accords for instruction on understanding approaches that the United States and the international community made concerning the relationship between broadcasting and foreign policy. I describe NATO’s media policy in Bosnia-Herzegovina, with special emphasis on the Bosnian Serb sector of Republika Srpska, and the seizure and control of broadcast transmitters there. Part I of this article provides a background on the rule of the media in Bosnia, from the pre-war period through NATO’s seizure of transmitters in Republika Srpska and post-seizure details. Part II explains the legal basis for information intervention. Part III covers the concept of information intervention at work in Bosnia-Herzegovina. Finally, the conclusion offers a number of questions to consider while studying media and foreign policy. (p. 69)
1635. Price, Monroe E., and Thompson, Mark (Eds.) (2002). Forging Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. 408 pp. Forging Peace: Intervention, Human Rights and the Management of Media Space brings together case studies and legal analysis of the steps that the United Nations, NATO and other organizations, both governmental and non-governmental, have taken to build pluralist and independent media in the wake of massive human rights violations. In doing so, it examines current thinking on the legality of unilateral humanitarian intervention, and then analyses the pioneering use of information intervention techniques in conflict zones, ranging from full-scale bombardment and confiscation of transmitters to the establishment of new laws and regulatory regime. The book is comprised of the following chapters: 1. “Defining Information Intervention: An Interview with Jaime Metzl” by Mark Thompson; 2. “Hate Propaganda and International Human Rights Law” by Stephanie Farrior; 3. “International Law and Information Intervention” by Eric Blinderman; 4. “Note on Legality of Information Intervention” by Julie Mertus; 5. “A Module for Media Intervention: Content Regulation in Post-Conflict Zones” by Peter Krug and Monroe E. Price; 6. “Neutrality and the Negotiation of an Information Order in Cambodia” by John Marston; 7. “Escalating to Success? The Media Intervention in Bosnia and Herzegovina” by Mark Thompson and Dan De Luce; 8. “Silencing the Voices of Hate in Rwanda” by Alison Des Forges; 9. “The Learning Curve: Media Development in Kosovo” by Julie Mertus and Mark Thompson; 10. “Preparing a Plebiscite Under Fire: The United Nations and Public Information in East Timor” by David Wimhurst; 11. “Information Warfare and Information
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Intervention” by Philip M. Taylor; 12. “Non-Governmental Perspectives: Media Freedom versus Information Intervention” by Helen Darbishire; and 13. “Information Intervention, Media Development, and the Internet” by Patrick Carmichael. 1636. Prins, Gwyn (2000). “The Politics of Intervention,” pp. 46–59. In Pugwash Study Group (Ed.) Pugwash Study Group on Intervention, Sovereignty and International Security. February, 1(1). Cambridge, MA: Council of the Pugwash Conferences on Science and World Affairs. Prins argues that the debate over the justification of intervention is far from over, and that the case for intervention is not as clear cut as its advocates purport it to be. Among the questions Prins raises and addresses are: 1. “Who conducts interventions, when, where and why?”; 2. “If interventions occur, and are deemed to be permitted actions, does it therefore follow that we witness the beginning of a new and universal regime of intervention? Or is it rather the case that interventions are exceptions, which by definition, serve to strengthen a rule of non-intervention?”; and 3. “Onto what grounds may the authority and legitimacy of intervention be anchored?” 1637. Pugh, Michael (Ed.) (1997). The UN, Peace, and Force. London: Frank Cass and Company. 209 pp. This volume, edited by a senior lecturer in international relations at the University of Plymouth in the UK and the editor of International Peacekeeping, is comprised of a collection of essays on a wide range of cuttingedge topics that face the peacekeeping community at the beginning of the twenty-first century. The ten essays are: “The United Nations and the Collective Use of Force: Whither or Whether?”; “The UN Charter and Peacekeeping Forces: Constitutional Issues”; “Assessing the Success of UN Peacekeeping Operations”; “Enforcement Measures Under Chapter VII of the UN Charter: UN Practice After the Cold War”; “Securing Observance of UN Mandates Through the Employment of Military Force”; “Weapons Control in Semi-Permissive Environments: A Case for Compellence”; “Humanitarian Intervention Revisited: Post-Cold War Responses to Classical Problems”; “Utopian or Pragmatic? A UN Permanent Military Volunteer Force”; and “From Mission Cringe to Mission Creep? Concluding Remarks.” It also includes a five-page select bibliography. 1638. Pugwash Study Group (2000). The Pugwash Study Group on Intervention, Sovereignty, and International Security. February, 1(1):1– 63. This booklet contains three essays: “Secessions, Interventions and Just War Theory: The Case of Kosovo” by Hugh Beach; “State Sovereignty and the
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Protection of Fundamental Human Rights: An International Law Perspective” by Alain Pellet; and “The Politics of Intervention” by Gwyn Prins. The editor notes that “Quite purposively, this first volume of the Pugwash Occasional Papers explores in depth those attitudes and arguments (mostly Western) in favor of humanitarian intervention, even when intervention lacks a formal mandate from the United Nations.” 1639. Pugwash Study Group (2001). The Pugwash Study Group on Intervention, Sovereignty, and International Security. January, 2 (1):1–92. This booklet contains four essays: “Humanitarian Intervention: Russian Perspectives” by Vladimir Baranovsky; “China, Asia and Issues of Intervention and Sovereignty” by Chu Shulong; “Sovereignty and Intervention: Opinions in South Asia” by Radha Kumar; and “The Heirs of Nkrumah: Africa’s New Interventionists” by Adekeye Adebajo and Chris Landberg. 1640. Ramsbotham, David (1995). “The Changing Nature of Intervention: The Role of UN Peacekeeping.” Conflict Studies 282. London: Research Institute for the Study of Conflict and Terrorism. 28 pp. In this study, General Sir David Ramsbotham, focuses on UN intervention that falls between Chapter VI (peacekeeping) and Chapter VII (peace enforcement)—“where consent is either fragile or non-existent, and which the [UN] Charter, in its current form, cannot satisfactorily mandate” (p. 2) The report is comprised of the following sections: The Changing Nature of Intervention (The Charter, National Self-Interest, The Context for UN Interventions); The Continuum of Intervention; The Instruments (Preventive Action; Intelligence or Information; Commanders Critical Requirements; Preventive Diplomacy; Preventive Humanitarian Action; Stand-by-Forces; Humanitarian Co-ordination; Security of Humanitarian Operations; Standing Forces; Arms Control); Conflict Resolution (Unity of Command; The Military Staff Committee; Staff Structures; Doctrine, Training and Interoperability; Personnel Management; Logistics and Procurement; Public Affairs; and The Political/Military/Humanitarian Interface); Post Conflict Reconstruction; and Anatomy of Reconstruction. 1641.
Ramsbotham, Oliver P., and Woodhouse, Tom (1996). Humanitarian Intervention in Contemporary Conflict: A Reconceptualization. Cambridge: Polity Press. 284 pp. Humanitarian Intervention in Contemporary Conflict constitutes an assessment of the international response to violent conflicts that transpired in the 1990s. Following a thorough survey of the traditional debates over the legitimacy of intervention, the authors analyze contemporary conflicts,
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using examples from a wide range of post-cold war examples, including those in Bosnia and Rwanda (where genocide was perpetrated). Various options, including non-intervention, peacekeeping, and forcible humanitarian intervention are examined, as well as the responses to them by the international community. The roles of governments, UN agencies, the Red Cross, and non-governmental organizations are also examined. Ultimately, Ramsbotham and Woodhouse call for a reconceptualization of humanitarian intervention. In doing so, they delineate key principles which they believe should govern the implementation of intervention. 1642. Rathbun, Brian C. (2004). Partisan Interventions: European Party Politics and Peace Enforcement in the Balkans. Ithaca, NY: Cornell University Press. 228 pp. Rathbun, assistant professor of Political Science at McGill University, examines how partisan politics, ideological differences, and domestic party disagreements across the 1990s in Britain, France, and Germany impacted each nation’s position vis-à-vis humanitarian interventions. He delineates “how the different reactions of the left and the right in the Western European nations had profound implications for the resolution of the major conflicts in Bosnia and Kosovo. Concomitantly, he argues that leftist parties, compared to those on the right, believe less in the efficacy of force, are more willing to rely on multilateral cooperation to realize their goals, and have a broader conception of the national interest that includes the promotion of human rights abroad.” The book is comprised of the following: 1. “Contesting the National Interest: Political Parties and International Relations”; 2. “Partisan Lenses and Historical Frames: Ideology, Experience, and Foreign Policy Preferences”; 3. “A Faraway Place of Which We Know Little? The Politics of Humanitarian Intervention in Great Britain”; 4. “Never Again War? The Interparty and Intraparty Politics of Normalization in Germany”; 5 “The French Exception? Presidential Prerogatives and the Public and Private Politics of Intervention”; 6. “European Army, Militarized Europe, or European Europe?”; 7. The Domestic Politics of a Security and Defense Policy for the European Union”; and 8. “Parting Ways.” 1643. Regan, Patrick M. (2000). Civil Wars and Foreign Powers: Outside Intervention in Intrastate Conflict. Ann Arbor, MI: The University of Michigan Press. 172 pp. In this book, Regan, professor of Political Science at Binghamton University, examines the following issue/question: “Under what conditions do third parties intervene in civil conflicts to stop the fighting?” In doing so, he mixes descriptive case material with systematic statistical analysis of
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a data set of “all civil conflicts since 1945” to identify those conflicts that are amenable to outside intervention and the types of interventions that are more likely to be successful. He uses contemporary examples to illustrate overall trends in the data. Regan’s analysis suggests that the conditions associated with multilateral interventions that will increase the likelihood of success are: (1) mutual consent of the parties involved, (2) impartiality on the part of the intervenors, and (3) the existence of a coherent intervention strategy. The specific contents of the book are as follows: 1. “Interventions and the Settlement of Conflicts”; 2. “Descriptive Evidence on Conflicts and Interventions”; 3. “The Decision to Intervene”; 4. “The Conditions for Successful Intervention”; and 5. “The Effectiveness of Multilateral Interventions.” 1644. Rikhye, Indar Jit (1992). Strengthening UN Peacekeeping: New Challenges and Proposals. Washington, D.C.: United States Institute of Peace. 48 pp. This report was written by a retired major general in the Indian Army who is also the former president of the International Peace Academy, which he founded in 1969. From the late 1950s through the early 1990s he worked in multilateral peacekeeping operations as a diplomat, soldier, and educator. He also served as a military adviser to UN Secretary-Generals Dag Hammarskjöld and U Thant, and in the early 1990s conducted special missions for the UN Secretary General in Rwanda and Burundi. Among the major recommendations the author makes herein vis-à-vis the UN Security Council as it applies to the need for the UN to remedy multifaceted weaknesses that have plagued past peacekeeping operations are as follows: • “The Security Council should devise and implement a program for preventive diplomacy that includes a preventive peacekeeping element. The creation of a special stand-by force, available to the Security Council and the Secretary-General for rapid deployment, should be seriously considered. • In order to eliminate the ambiguities in peacekeeping mandates, the Secretary-General’s authority to determine the objectives of peacekeeping operations should be strengthened. The Security Council must provide a mandate (mission statement) that can be easily translated into precise operational instructions, as well as adequate, financial, human, administrative, and materiel resources. • The Security Council and the UN membership as a whole should give greater support for the Secretary-General to exercise effective overall management of peacekeeping operations through an integrated team
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able to provide political and military advice and administrative support” (pp. 1–3). 1645. Roberts, Adam (1996). Humanitarian Action in War: Aid, Protection and Impartiality in a Policy Vacuum. London: Oxford University Press for the International Institute for Strategic Studies. 96 pp. The author addresses the various and thorny dilemmas of carrying out humanitarian action during the course of war, and focuses on the extreme difficulty of attempting to maintain impartiality and providing protection in highly politicized, violent conflicts. 1646. Roberts, Adam (2001). “Humanitarian Principles in International Politics in the 1990s,” pp. 23–54. In Humanitarian Studies Unit (Ed.) Reflections on Humanitarian Action: Principles, Ethics and Contradictions. Sterling, VA: Pluto Press. In this piece, Roberts, Montague Brown Professor of International Relations at the University of Oxford, discusses the changed role of International Humanitarian Law since 1989, explores the factors that have led to increased humanitarian intervention, and outlines six areas in which the emphasis on humanitarian issues has resulted in innovations (all involving the United Nations). The six areas he discusses are: facing the challenge of civil wars, establishing international tribunals as a response to war crimes, transformation of the refugee regime, the establishment of “safety zones,” combining peacekeeping with the protection of humanitarian action, and humanitarian intervention. The chapter concludes with a postscript on the 1999 Kosovo crisis in which the author addresses such questions as “Was NATO action over Kosovo legitimate under international law?”; “Why was there such heavy reliance on air power?”; and “What can be learned about responding to massive human rights violations?” 1647. Rodley, Nigel (Ed.) (1992). To Loose the Bands of Wickedness: International Intervention in Defence of Human Rights. London: Brassey’s. The authors in this volume examine the issue of the evolving view of the right to humanitarian intervention and its impact of domestic jurisdiction and the ramifications of such for Article 2(7) of the United Nations Charter. 1648. Rose, Gideon (1998). “The Exit Strategy Delusion.” Foreign Affairs, 77(1):56–67. In this essay, Rose, deputy director of national security studies and Olin Fellow at the Council of Foreign Relations, argues that the Clinton adminis-
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tration’s and the U.S. Congress’ obsession with “exit strategies,” especially in regard to establishing a set timetable for exiting from an intervention, constitutes skewed thinking and actually puts intervention at risk of failure. More specifically, he observes and then asserts that [I]n the past, policymakers often gave little thought to the specific objectives and potential endings of their foreign adventures, with chaotic results. But the idea of a moral exit strategy, with its anti-interventionist bias and stress on rigid public planning, is misguided in theory and unhelpful in practice. Instead of obsessing about the exit, planners should concentrate on the strategy. The key question is not how we get out, but why are getting in.
He goes on to assert that The main reason to jettison the concept is because it lumps together several important issues that are best handled separately. The first question is whether open-ended military commitments might actually make sense, and the answer is that it depends on the American interests of state and the policy options available. The second question is how interventions can be closed out smoothly, and the answer that they should leave some kind of stable order behind. The third question is how over commitment can be avoided, and the answer is through selective intervention rather than the imposition of time limits. Finally, the fourth question is how unexpected developments should be handled, and the answer is according to well-developed contingency plans. (p. 57)
1649. Rosenthal, Joel H. (1999). Ethics & International Affairs: A Reader. Washington, D.C.: Georgetown University Press. 484 pp. Part III of this book—“Issues”—contains a number of essays related to the issues of the prevention and intervention of genocide. They are as follows: “Humanitarian Intervention: An Overview of the Ethical Issues” by Michael J. Smith; “The Politics of Rescue: Yugoslavia’s War and the Humanitarian Impulse” by Amir Pasic and Thomas G. Weiss; “NGOs and the Humanitarian Impulse: Some Have It Right” by Andrew Natsios; “An Emergency Response System for the International Community: Commentary on ‘The Politics of Rescue’” by Morton Winston; “Holding Humanitarianism Hostage: The Politics of Rescue” by Alain Destexhe; and “When Is It Right to Rescue?: A Response to Pasic and Weiss” by David R. Mapel. 1650. Rothchild, Donald, and Lake, David A. (1998). “Containing Fear: The Management of Transnational Ethnic Conflict,” pp. 203–226. In David A. Lake and Donald Rothchild (Eds.) The International Spread of Ethnic Conflict: Fear, Diffusion, and Escalation. Princeton, NJ: Princeton University Press. In this chapter, the authors examine the problem of managing ethnic conflicts. In their introduction they state the following:
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We feel that ethnic conflicts, even when they spread from abroad, are most effectively managed by the state and its institutions. After a brief introduction, we therefore turn first to the main measures for building confidence among minorities about their future within the state: respect, power sharing, elections, and regional autonomy and federalism. We then address the motivations behind and efficacy of external interventions in bringing about a return to peaceful relations. [Finally, we focus] on general measures for coping with the spread of conflict. (p. 204)
The chapter is comprised of the following sections: Coping with Fear; Confidence-Building Measures (Demonstrations of Respect, Power Sharing, Elections, Regional Autonomy and Federalism, and Confidence-Building Measures Evaluated); and External Intervention (Noncoercive Intervention, Coercive Intervention, Third-Party Mediation, and the Limits of Intervention). 1651. Rothert, Mark (2000). “U.N. Intervention in East Timor.” Columbia Journal of Transnational Law, 39(1):257–282. This piece, by a Columbia University Law School student, examines both the three resolutions (passed by the UN Security Council between May and October 1999) authorizing intervention in East Timor as well as the subsequent intervention that took place. More specifically, the author examines the status of East Timor under international law; the principle of non-intervention, humanitarian intervention, and self-determination; and the question as to whether U.S. intervention was justified—and whether the intervention set a precedent. 1652. Ryan, Alan (2002). “The Strong Lead-nation Model in an Ad Hoc Coalition of the Willing: Operation Stablise in East Timor.” International Peacekeeping, 9(1):23–44. Ryan, a senior research fellow with Australian Army’s Land Warfare Studies Centre, argues that The speed with which the International Force East Timor (INTERFET) was deployed and the rapidity with which it was able to establish conditions of security in East Timor make this operation an excellent model for future ad hoc, complex, multinational deployments. In large part, the success of the operation was due to the troop-contributing nations’ acceptance of the imperfections inherent in such a disparate force. Operational responsibility was distributed according to the capabilities of the forces assigned to the mission. The need for a robust command-and-control architecture was realized in the strong-lead-nation model that INTERFET adopted. Shortnotice deployments of “coalitions of the willing” in the future will benefit from a consideration of the clear, simple, and unified command structure that characterized Operation Stablise in East Timor. (p. 23)
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1653. Sadkovich, James J. (1996). “The Former Yugoslavia, the End of the Nuremberg Era, and the New Barbarism,” pp. 282–303. In Thomas Cushman and Stjepan G. Mestrovic (Eds.) This Time We Knew: Western Responses to Genocide in Bosnia. New York: New York University Press. Arguing that the international community has entered into what he deems a “new age of barbarism,” Sadkovich, professor of History at the American University in Bulgaria, asserts that “the United Nations and other international and regional organizations act to contain and manage, not end or resolve, such phenomena as aggression and genocide” (p. 282). He further argues that the proponents of state sovereignty and realpolitik rule the day. More specifically, he asserts that “The past four years [1991–1995] may have marked the victory of the proponents of state sovereignty and the practitioners of bureaucratic barbarism and power politics over the advocates of individual and collective rights” (p. 282). Continuing, he argues that “in short, there has been a tendency to reassert the realpolitik of the nineteenth century without the humanistic principle of the period. So foreign policies are now less ‘hypocritical’ in that the naked self-interest of states is repeatedly invoked to justify action or inaction, but elites have become morally insensitive. Governments will not intervene to stop aggression or genocide so long as doing so presents any risk of serious conflict” (p. 294). 1654. Sarkesian, Sam C. (2001). “The Price Paid by the Military.” Special issue (“The Can’t and Can’ts of Humanitarian Intervention”) of Orbis: A Journal of World Affairs, Fall, 45(4):557–568. Sarkesian, a retired lieutenant colonel of the U.S. Army and professor emeritus of Political Science at Loyola University at Chicago, writes “Based on the evidence of recent history, . . . the commitment of the U.S. military in humanitarian crises not only diminishes military readiness, but also requires a mind-set and operational doctrine contrary to the military’s raison d’être and organizational system. Moreover, at the operational level the role of U.S. ground troops in humanitarian intervention is, in the main, contrary to the training, skills, and rule of engagement for ground combat” (p. 557). The essay is comprised of the following sections: The Policy Arena, Humanitarian Intervention in Somalia and Kosovo, The Quest for Full-Spectrum Dominance, An Operational View of the U.S. Military, and Direction for the Future. 1655. Sarooshi, Danesh (1999). “The Role of the United Nations Secretary-General in United Nations Peace-keeping Operations,” pp. 279–297. In Hilary Charlesworth and Robert McCorquodale (Eds.) The Australia Year Book of International Law. Volume 20. Canberra: Centre for International and Public Law, Faculty of Law, The Australian National University.
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This article, by a senior lecturer in public international law at University College, London, University of London, is comprised of the following components: I. Scope of the Competence of the Security Council to Delegate Chapter VII Powers to the Secretary General; II. The Legal Framework Governing the Exercise of Delegated Chapter VII Powers by the SecretaryGeneral; and III. The Delegation to the Secretary-General of Certain Powers in Respect of UN Peace-keeping Operations. 1656. Sarooshi, Danesh (2001). The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of Its Chapter VII Powers. Oxford: Oxford University Press. 311 pp. Sarooshi, senior lecturer in public international law at University College, London, University of London, examines the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. In doing so, he presents a legal analysis of the institutional mechanisms and processes employed by the UN to use force to maintain or restore peace. He notes that while the UN Security Council is the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace and is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective, the Charter provision which was intended to provide the Council with a standing military force to carry out enforcement action has not as yet been implemented. He further asserts “that the council has sought to deal with an increasing demand for military enforcement action by delegating its powers in this area to other UN organs (e.g., the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g., the coalition against Iraq), and regional and collective self-defense organizations (e.g., NATO in Bosnia). It is this process of delegation of military enforcement powers by the council that is the focus of the book. The author examines the legal framework governing the process of delegation by the council of its Chapter VII powers, the practice relating to the exercise of these powers by each of the delegates concerned, and the policy issues relating to such delegations.” The book is comprised of the following chapters: 1. “The General Legal Framework Governing the Process of a Delegation by the UN Security Council of its Chapter VII Powers”; 2. “The Delegation of Powers to the UN Secretary-General”; 3. “The Delegation of Powers to UN Subsidiary Organs”; 4. “The Legal Framework Governing the Delegation of Powers to UN Members States”; 5. “The Delegation of Powers to UN Member States”; and 6. “The Delegation of Powers to Regional Arrangements.”
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1657. Sassòli, Marco (2001). “The Legal Qualification of the Conflicts in the Former Yugoslavia: Double Standards or New Horizons for International Humanitarian Law?”, pp. 307–333. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. In his introduction, Sassòli, professor of public international law at the University of Quebec in Montreal, notes that This Article first attempts to recall the difference between international and non-international armed conflicts in and for International Humanitarian Law. It will then remind the reader of the recent stages of the tragic history of the Balkans, i.e., the different conflicts in the former Yugoslavia. It will finally analyze, in its main part, the different arguments relevant for the qualification of the conflicts, how they were used by the U.N. Security Council and the ICTY, whether such arguments reveal double standards, and whether they applied the existing law or opened new horizons for International Humanitarian Law. (p. 308)
1658. Scharf, Michael, and Dorosin, Joshua L. (1993). “Interpreting UN Sanctions: The Ruling and Role of the Yugoslavia Sanctions Committee.” Brooklyn Journal of International Law, XIX(3):771–827. Herein, Scharf, who served as the U.S. Department of State lawyer with responsibility for the drafting and interpretation of UN Security Council Resolutions concerning the Yugoslavia crisis, and Dorosin, who served as an extern in the office of the legal adviser in the U.S. Department of State where he served as a member of the State Department’s Serbia Sanctions Task Force, note the following at the outset of their article: Part I of this article provides, for the first time, a systematic analysis of over one hundred key rulings of the UN Yugoslavia Sanctions Committee, grouping them into categories for easy reference. It is hoped that this digest of important sanctions Committee rulings will aid the members of the Sanctions Committee in identifying and following precedents, aid governments in implementing the sanctions, and assist businesses (and their lawyers) in operating under them. This article does not, however, purport to be a comprehensive survey of all the Sanctions Committee’s cases, or even all of its important cases. Indeed, one of the main purposes of this piece is to demonstrate the need for such a comprehensive undertaking by the UN Secretariat. Rather, this article focuses on those Sanctions Committee cases that establish important precedents, significantly expand or contract the reach of the sanctions, or tell us something useful about the nature and operation of the Sanctions Committee. Drawing from this material, Part II of the article seeks to provide broader insights into the process of UN Security Council resolution implementation and suggests several possible changes to improve the way in which the Sanctions Committee operates. (pp. 773–774)
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1659. Scheffer, David J. (1998). “U.N. Engagement in Ethnic Conflict,” pp. 147–177. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. Scheffer, U.S. ambassador at large for war crimes, notes that this chapter is about how the UN deals with ethnic conflict: Conventional wisdom assumes that U.N. engagement is limited to often ineffective peacekeeping operations. . . . In reality, peacekeeping is only one of a wide range of tools the United Nations employs to varying effect . . . to [attempt to] manage ethnic conflicts. The law and practice of the United Nations in this area have evolved . . . during the 1990s in ways that would have astonished the framers of the Charter. . . . They would not have anticipated that ethnic conflicts of largely internal character would necessitate U.N. engagement on so many fronts. But population growth, refugee flows, trade in conventional arms, the collapse of cold war discipline imposed by the superpowers, and the pursuit of power by local warlords for personal, non-ideological gain have combined to create societies within which ethnic tensions . . . often explode in ways that demand international attention. I have chosen to focus . . . on how the United Nations engages ethnic conflict, beginning in Part I with the goals of U.N. engagement. These goals include containment of ethnic conflicts, support for self-determination, promotion of democracy, and institution building. The legal basis for the pursuit of these goals, particularly by the Security Council, is examined in Part II. Central to this is the analysis of the legal authority for peaceful measures (primarily under Chapter VI of the U.N. Charter), the legal authority for coercive measures (under Chapter VII or VIII of the Charter), and the legal authority for norm elaboration and quasi-judicial pronouncements (such as by the General Assembly . . . ). Such legal authority has itself evolved in recent years to reveal the U.N. Charter as a living document that can be applied effectively, at least in theory and sometimes in practice, to contemporary challenges. Part III of this chapter examines the means by which the United Nations seeks to implement its policy goals. [It] discusses seven modes of engagement in ethnic conflicts: hortatory actions, diplomatic intervention, sanctions, military and humanitarian interventions, implementation of peace agreements, and international judicial intervention. In the conclusion, this chapter will discuss both the strengths and weaknesses of U.N. approaches to ethnic conflicts. (p. 147)
1660. Scheffer, David J. (1995). “United Nations Peace Operations and Prospects for a Standby Force.” Cornell International Law Journal, 28(3):649–660. Written when he was senior adviser and counsel to the U.S. Permanent Representative to the United Nations, Scheffer addresses the following issues herein: 1. The original intention behind Article 43 of the U.N. Charter and its fate directly after World War II; 2. Efforts in the 1990s to improve stand-by or rapid reactions capabilities; 3. U.N. Secretary General Boutros
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Boutros-Ghalis’ 1995 proposal (“Supplement to the Agenda for Peace”) for a rapid reaction force; 4. Various government proposals for a rapid reaction force; and 5. “Pragmatic next steps.” 1661. Schnabel, Albrecht, and Thakur, Ramesh (2001). “From an Agenda for Peace to the Brahimi Report: Towards a New Era of UN Peace Operations?,” pp. 238–255. In Ramesh Thakur and Albrecht Schnabel (Eds.) United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. Tokyo: United Nations University Press. This chapter addresses three main issues. First, it succinctly discusses the failure of post-cold war peacekeeping efforts from the 1992 An Agenda for Peace to the 2000 Brahimi Report on UN Peace Operations. Second, it discusses the lessons learned in the Brahimi Report from post-cold war peacekeeping practices, and its recommendations for future peacekeeping operations. Third, it examines that which constitutes effective conflict prevention and the implementation, if needed, of “humanitarian enforcement operations in failing and failed states to protect basic rights and security needs of individuals” (p. 239). The chapter is comprised of the following components: Hopes Belied: Boutros-Ghali’s An Agenda for Peace and an Empowered United Nations; When There Is No Peace to Keep: The Shift Towards Peace Enforcement; The Brahimi Report on UN Peace Operations; Assessing the Brahimi Report: Regional Perspective and the Way Forward; The New Challenges: Principled Intervention and Effective Prevention; and Mainstreaming Conflict Prevention. 1662. Schnabel, Albrecht, and Thakur, Ramesh (Eds.) (2000). Kosovo and the Challenge of Humanitarian Intervention: Selective Indignation, Collective Intervention, and International Citizenship. Tokyo: United Nations University Press. In their preface the editors comment as follows: Within days after the beginning of NATO airstrikes over Kosovo, we proposed to UNU to undertake a major study on the implications of NATO’s involvement in the Kosovo conflict. Our intent was to draw on some of the best scholarship available to examine the Kosovo crisis from numerous perspectives—from the conflict-parties and NATO allies, from the immediate region surrounding the conflict and further afield—complemented by lessons for the longer term normative, operational and structural consequences of the Kosovo crisis for world politics. The response was positive, and we were given the means and support to bring together a group of 36 scholars and practitioners to produce a systematic assessment of the Kosovo conflict and its consequences for the changing contours of international society. In September 1999 all the authors
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convened in Budapest, Hungary, to share and discuss their draft contributions. (p. 1)
The book is comprised of the following parts and chapters: chapter 1. “Policy Brief: Lessons from the Kosovo Conflict” by Albrecht Schnabel and Ramesh Thakur; Part One: The Kosovo Crisis (2. “Kosovo in the Twentieth Century: A Historical Account” by Marie-Janine Calic; 3. “The Kosovo Conflict: A Perspective From Inside” by Agon Demjaha; 4. “The Closing of the Kosovo Cycle: Victimization Versus Responsibility” by Duska Anastasijevic; 5. “The Kosovo Conflict: The Balkans and the Southern Caucasus” by George Khutsishvili and Albrecht Schnabel); Part Two: The Major Players (6. “The Costs of Victory: American Power and the Use of Force in the Contemporary Order” by G. John Ikenberry; 7. “Russia: Reassessing National Interests” by Vladimir Baranovsky; 8. “China: Whither World Order After Kosovo?” by Zhang Yunling; 9. “The Major European Allies: France, Germany and the United Kingdom” by Simon Duke, HansGeorg Ehrhart and Matthias Karádi); Part Three: Views from NATO Allies (10. “The Nordic Countries: Whither the West’s Critical Conscience?” by Bjørn Møller; 11. “The Southern Flank: Italy, Greece, Turkey” by Georgios Kostakos; 12. “Kosovo and the Case of the (Not So) Free Riders: Belgium, Canada, Portugal and Spain” by David Haglund and Allen Sens; 13. “The New Entrants: Hungary, Poland and the Czech Republic” by Péter Tálas and László Valki); Part Four: Selected International Perspectives (14. “The Muslim World: Uneasy Ambivalence” by Ibrahim A. Karawan; 15. “Latin America: The Dilemmas of Intervention” by Mónica Serrano; 16. “South Africa: The Demand for Legitimate Multilateralism” by Philip Nel; 17. “India: An Uneasy Precedent” by Satish Nambiar); Part Five: Challenges of the Post-War Order (18. “NATO: From Collective Defence to Peace Enforcement” by Nicola Butler; 19. “The United Nations System and the Kosovo Crisis” by A. J. R. Groom and Paul Taylor; 20. “The Concept of Humanitarian Intervention Revisited” James Mayall; 21. “The Concept of Sovereignty Revisited” by Alan M. James); Part Six: Opinion, Media, Civil Society (22. “Analogies at War: The United States, the Conflict in Kosovo and the Uses of History” by George C. Herring; 23. “Media Coverage of the War: An Empirical Assessment” by Steven Livingston; 24. “Effective Indignation? Building Global Awareness, NGOs, and the Enforcement of Norms” by Felice Gaer; Part Seven: Force, Diplomacy and the International Community (25. “The Inevitability of Selective Response? Principles to Guide Urgent International Action” by Lori Fisler Damrosch; 26. “The Split-Screen War: Kosovo and Changing Concepts of the Use of Force” by Lawrence Freedman; 27. “Military History Overturned: Did Air Power Win the War?” by Ray Funnell; 28. “Force, Diplomacy and Norms” by Coral
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Bell; 29. “Solidarity Versus Geostrategy: Kosovo and the Dilemmas of International Democratic Culture” by Jean-Marc Coicaud; and 30. “The Good International Citizen and the Crisis in Kosovo” by Andrew Linklater). 1663. Schwartz, Stephen (2000). Kosovo: Background to a War. London: Anthem Press. 186 pp. Schwartz, a journalist, provides an overview of the cultural, political and religious controversy between the Albanians and Serbs, and then discusses and analyses the collapse of Yugoslavia and Western inaction in the face of the long-festering Kosovo crisis, the 1999 NATO intervention, and the weakness of international policies following NATO’s armed intervention. 1664. Secretary-General’s High-Level Panel on Threats, Challenges, and Change (2004). A More Secure World: Our Shared Responsibility: Report of the Secretary-General’s High-Level Panel on Threats, Challenges, and Change. New York: United Nations Department of Public Information. 129 pp. Several sections of this report are germane to the issue of the intervention of genocide: Part 3. Collective Security and the Use of Force: IX. A. The questions of legality; IX B. The question of legitimacy; and X. Peace enforcement and peacekeeping capability. 1665. Seybolt, Taylor B. (2004). Humanitarian Military Intervention: Causes of Success and Failure. New York: Oxford University Press. 300 pp. This study focuses on the question of when and how military intervention in conflicts can achieve humanitarian benefits. It uses the standard that an intervention should do more good than harm to evaluate the successes and failures.The author develops a methodology to determine the number of lives saved, as a minimalist measure. The analysis of nineteen military operations in the six case studies of Iraq, Somalia, Bosnia, Rwanda, Kosovo, and East Timor reveals both successful and unsuccessful interventions in the same locations. The study posits that an intervention’s short-term effectiveness depends primarily on six factors within the control of the intervenor rather than factors inherent within the conflict. The six critical factors are (1) the intervenor’s strategy on the ground, (2) motives for acting, (3) immediate objectives, (4) degree of coordination with humanitarian organizations, (5) material capabilities, and (6) reaction time. Political and humanitarian dimensions are combined to create a typology that compares the needs of populations suffering from conflict with an intervenor’s military intervention strategies, motives, capabilities and response time. Hypotheses derived from the model are tested in the case studies and policy implications are offered.
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1666. Shattuck, John (2004). Freedom on Fire: Human Rights Wars and America’s Response. Cambridge, MA: Harvard University Press. 398 pp. Shattuck argues that the costs to the United States of not intervening quickly and decisively in developing human rights crises outweighed the advantages of remaining on the sidelines. As the chief human rights official of the Clinton administration, John Shattuck dealt with such far-flung challenges as genocide in Rwanda and Bosnia, and a series of brutal wars and failed states in other parts of the world. He presents the story of insiders and their struggle inside the U.S. government over how to respond to such crises. He relates what was tried and what was learned as he and other “human rights hawks” worked to change the Clinton administration’s human rights policy from disengagement to saving lives and bringing war criminals to justice. He records his frustrations and disappointments, as well as the successes achieved in moving human rights to the center of U.S. foreign policy. Shattuck also criticizes the Bush administration’s approach, which he says undermines human rights at home and around the world. The following chapters are most germane to the prevention and intervention of genocide: 1. “Rwanda: The Genocide That Might Have Been Prevented”; 2. “Rwanda: The Struggle for Justice”; 4. Bosnia: The Pariah Problem”; 5. “Bosnia: Facing Reality”; 6. “Bosnia and Kosovo: Breaking the Cycle”; and 9. “Strategies for Peace.” 1667. Simmons, P. J., and deJonge Oudraat, Chantal (Eds.) (2001) Managing Global Issues: Lessons Learned. Washington, D.C.: Carnegie Endowment for International Peace. 771 pp. While many of the eighteen chapters in this book should find an appreciative audience among those concerned with the issues of the prevention and intervention of genocide, the two most germane to the latter issues are: “Violence: Intrastate Conflict” by Timothy D. Sisk, and “Refugee Protection and Assistance” by Kathleen Newland. 1668. Singer, P. W. (2003). Corporate Warriors: The Rise of the Privatized Military Industry. Ithaca, NY: Cornell University Press. 330 pp. In this book, Singer, a National Security Fellow in the foreign policy studies program at the Brookings Institution, presents a solid analysis of the involvement of various firms (e.g., Airscan, Brown and Root, Dyncorp, MPRI) that constitute a gigantic and powerful privatized military industry. These “hired guns” hire and send ground forces into violent conflicts, train guerrilla forces, build and operate military bases, and both induce and halt
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coups. Singer discusses the broader implications of such a privatized military industry, including both the pros and the cons. The book is comprised of the following parts and chapters: Part I. The Rise (1. “An Era of Corporate Warriors?”; 2. “Privatized Military History”; 3. “The Privatized Military Industry Distinguished”; and 4. “Why Security Has Been Privatized”); Part II. (5. “The Global Industry of Military Services”; 6. “The Privatized Military: Industry Classified”; 7. “The Military Provider Firm: Executive Outcomes”; 8. “The Military Consultant Firm: MPRI”; 9. “The Military Support Firm: Brown & Root”); Part III. Implications (10. “Contractual Dilemmas”; 11. “Market Dynamism and Global Disruptions”; 12. “Private Firms and the Civil--Military Balance”; 13. “Public Ends, Private Military Means?”; 14. “Morality and the Privatized Military Firm”; and 15. “Conclusions.” 1669. Sisk, Timothy (1996). Power Sharing and International Mediation in Ethnic Conflict. Washington, D.C.: U.S. Institute of Peace. 143 pp. Sisk discusses ways in which political systems where full democracy is not feasible can be stabilized. More specifically, he delineates how power-sharing arrangements lie on a spectrum between those approaches that accept existing communities and their leaders as givens, and those that attempt to create new institutions and cooperative bodies that cross communal lines. He further makes the key point that the international community is, more often than not, wont to place a heavy emphasis on elections based on simple majority rule without first having established open-sharing agreements. He argues that bereft of the latter, ethnic conflicts can actually be exacerbated. 1670. Sisk, Timothy D. (2001). “Violence: Intrastate Conflict,” pp. 534–563. In P. J. Simmons and Chantal DeJonge Oudraat (Eds.) Managing Global Issues: Lessons Learned. Washington, D.C.: Carnegie Endowment for International Peace. In this chapter, Sisk, a professor at the University of Denver Graduate School of International Studies, examines “the rapidly evolving international responses to civil wars and other intrastate violence in the 1990s and draws lessons with regard to agenda setting, negotiation, implementation and compliance, and reacting to noncompliance” (p. 535). The chapter is comprised of the following sections: Civil Wars: Causes, Characteristics, and Consequences; International Intervention in Civil Wars (Actors, and Instruments); Track Record; Lessons Learned (Agenda Setting, Negotiation, Implementation and Compliance, Reactions to Noncompliance); and Conclusions and Recommendations.
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Among the many situations the author comments on are: the collapse of the Yugoslav federation (early 1990s); the Rwandan genocide (1994); NATO’s intervention in Bosnia; and the Australian-led intervention in East Timor (2000). 1671. Smith, Anne-Marie (1998). Advances in Understanding International Peacemaking. Washington, D.C.: United States Institute of Peace. 57 pp. In the foreword to this piece, David Smock, director of grants programs for the United States Institute of Peace, notes the following: In these early years of the post-Cold War era, war and peace are being manifested in wholly new ways. Classic interstate wars are giving way to internal conflicts that pit different regions, ethnic groups, and religions against each other. International organizations and unofficial diplomacy are gaining prominence in managing such conflicts. Nongovernmental organizations (NGOs) are emerging as international actors in their own right, increasingly engaged as conflict managers, but also raising anew questions about their supposed neutrality in the distribution of humanitarian aid. Moreover, these new manifestations of conflict and emerging actors raise even more questions about the international legal principles of sovereignty and nonintervention. We asked the author, political scientist Dr. Anne-Marie Smith, to review most of the grant products [which resulted from grants issued by the United States Institute of Peace] that have been published over the last decade and extract from them new insights and learnings. We asked her to convey her conclusions in the forms of essays on several major themes, drawing lessons from these grant products. Although Dr. Smith did not attempt to include all Institute grants in her essays, all of the nearly 100 works cited in this report are products of Institute grants. Our hope is that the set of essays contained in this report will be instructive to scholars who may be familiar with many of these works but may not have approached them from this perspective or from the same breadth of coverage. Our greatest hope, however, is that this report will benefit practitioners who usually do not have the time required to read such a wide range of scholarly works. Dr. Smith has derived insights and drawn lessons on several timely issues confronting practitioners, including: • new policy approaches to such issues as ethnic conflict and the provision of humanitarian assistance • the effective use of unofficial diplomacy in such trouble spots as Burundi, Kosovo, [and] Somalia • an analytic perspective on the flux in international institutions, including the second generation of UN peacekeeping • an overview of ongoing debates on such key issues as sovereignty, intervention, and the democratic peace proposition (pp. i–ii).
The pamphlet is comprised of the following sections: 1. Questions of Sovereignty and Nonintervention, 2. International Organizations, 3. Unofficial
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Diplomacy, 4. Managing Ethnic Conflict, 5. Democratic Peace Propositions, 6. Nonviolence, and 7. Humanitarian Aid. 1672. Smith, Michael J. (1998). “Humanitarian Intervention: An Overview of the Ethical Issues,” pp. 271–295. In Joel H. Rosenthal (Ed.) Ethics and International Affairs: A Reader. Washington, D.C.: Georgetown University Press. In this essay, Smith, associate professor of government and foreign affairs at the University of Virginia, presents a succinct overview of the objective and subjective changes in “the broader milieu of international relations as they relate to humanitarian intervention” (p. 272), surveys and analyzes the arguments justifying as well as opposing the concept of humanitarian intervention from both the realist and liberal perspectives, and presents his own views regarding the great difficulty in effectively implementing humanitarian intervention. 1673. Smith, Tony (2000). “Morality and the Use of Force in a Unipolar World: The ‘Wilsonian Moment’?” Ethics and International Affairs, 14:11–22. This essay by Smith, professor of Political Science at Tufts University, is comprised of the following sections: The Case Against Wilsonianism; The Case for Wilsonianism (Moral Responsibility; National Security Liberalism; The “Indispensable Nation” [the United States]; New Rules of Engagement; and Conclusion: Unilateralism with Allies.” Under “New Rules of Engagement,” Smith makes the following argument: When might military force properly be used? The presumption of sovereignty implies that human rights violations must be gross by any relative historical standard. The United States and various multilateral institutions do not constitute a world government, and the concern of many countries that Washington may be issuing itself a license to intervene at will is a legitimate one. Further, the use of force must be proportional to the wrong to be righted and be buttressed by credible arguments that it will succeed in the goals its sets. . . . . . . [I]ntervention should come early, before blood is spilled and the situation badly polarized. This observation directly contradicts today’s doctrine—backed by public opinion—which has the disadvantage of waiting so long for diplomatic efforts or economic embargoes to work that when force is finally used it must come in large amounts for long periods of time. “Peacekeeping” and “preventive diplomacy” must have a military arm if they are to be successful. The failure to insist clearly enough on such a commitment has cost lives in . . . the Balkans, Central Africa, and Southeast Asia. [I]ts for the president, backed by the Congress, to persuade the public as to why the support for human rights and democratic government in certain regions of the world is in the national interest as well as of humanitarian concern. . . . Such a concern must certainly not be of the global, open-ended sort
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that UN Secretary General Kofi Annan called for before the General Assembly in September 1999. But it should involve a reasoned analysis of where U.S. power can make a difference and why it matters. (pp. 20, 21)
In his conclusion, Smith observes that Today may not be the Wilsonian moment in the sense that all the world is ready to adopt Western values and institutions. But it is a period in which unprecedented power can be used to promote human rights and democratic government in circumstances where the terrain is favorable. (p. 22)
1674. Smith, Martin, and Latawski, Paul (2004). The Kosovo Crisis: The Evolution of Post Cold War European Security. Manchester, UK: Manchester University Press. 192 pp. In this book, the authors (Martin A. Smith, senior lecturer in defense and international affairs, and Paul Latawski, senior lecturer in defense and international affairs, both at the Royal Military Academy, Sandhurst) examine the legacy of the 1998–1999 Kosovo crisis for European security affairs. The book covers the debates about the nature and justification of intervention in the affairs of sovereign states. It also considers the impact of the crisis on NATO and on relations between western states and Russia both during and since Kosovo. Well-known “facts” are critically assessed and challenged. The authors argue that the NATO attacks on Serbia were not a “war,” nor did the crisis directly lead to moves to endow the European Union with its own military dimension. They place the Kosovo crisis in the context of the long-term evolution of a transatlantic “community of values” between Europe and North America. The book is comprised of the following chapters: “NATO, Kosovo and ‘Humanitarian Intervention’”; “Kosovo and NATO’s Post-Cold War Adaptation”; “South East European Settlements: Democratisation, Nationalism and Security in Former Yugoslavia”; “Kosovo, NATO and Russia”; “The EU’s Military Dimension: A Child of the Kosovo Crisis?”; and “The Evolution of the ‘Atlantic Community’.” 1675. Sobel, Richard and Shiraev, Eric (Eds.) (2002). International Public Opinion and the Bosnia Crisis. Lanham, MD: Lexington Books. 344 pp. Each case study herein provides an overview of the national media coverage and public reaction to the war in the former Yugoslavia and examines the links between public opinion and political and military intervention in Bosnia. The result is a comprehensive evaluation of the complex relationship between public opinion, media coverage, and foreign policy decision making. The book is comprised of the following chapters: “’In the Service of Peace’:
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Reflexive Multilateralism and the Canadian Experience in Bosnia” by Erin Carrière, Marc O’Reilly, and Richard Vengroff; “British Attitudes toward the Bosnian Situation” by Robert J. Wybrow; “U.S. Public Opinion on Intervention in Bosnia” by Steven Kull and Clay Ramsay; “Raison d’État or Raison populaire? The Influence of Public Opinion on France’s Bosnia Policy” by Marc Morjé Howard and Lise Morjé Howard; “Russian Decision-making Regarding Bosnia: Indifferent Public and Feuding Elites” by Eric Shiraev and Deone Terrio; “Massacring in Front of a Blind Audience? Italian Public Opinion and Bosnia” by Paolo Bellucci and Pierangelo Isernia; “Innocence Lost: The Netherlands and the Yugoslav Crisis” by Philip Everts; “German Public Opinion and the Crisis in Bosnia” by Karin Johnston; “Public Opinion and the Bosnia Crisis: A Conclusion” by Eric Shiraev and Richard Sobel. 1676. Sohn, Louis B. (1958). “Authority of the United Nations to Establish and Maintain a Permanent United Nations Force.” American Journal of International Law, 52:229–240. Sohn, professor of Law at Harvard University School of Law, examines the legal problems involved in the establishment of a permanent U.N. force—either on a full-time or stand-by basis—composed either of national contingents or volunteers. The article is comprised of the following parts and sections: I. Power of the United Nations to Establish a UN Force (a. The Power of the Security Council; b. The Power of the General Assembly); II. Power of the United Nations to Control a Force; Relations Between the U.N. Force and the Contributing States; and IV. The Relation Between the U.N. Force and the “Host” State. 1677. Solana, Javier (1999). “NATO’s Success in Kosovo.” Foreign Affairs, November/December, 87(6):114–120. In praising NATO’s Kosovo operation, Solana, former secretary-general of the North Atlantic Treaty Organization (NATO), asserts that it was the first time a defense alliance conducted a military campaign to attempt to prevent a humanitarian tragedy outside its border. He further asserts that “After 77 days, with no casualties of its own, NATO had prevailed. A humanitarian disaster had been averted. About one million refugees could now return in safety. Ethnic cleansing had been reversed” (p. 118). (For an almost totally opposite perspective of the Kosovo operation, see, Michael Mandelbaum’s “A Perfect Failure: NATO’s War Against Yugoslavia,” # 1575. ) 1678. Sörensen, Jens Stilhoff (2002). “Balkanism and the New Radical Interventionism: A Structural Critique.”International Peacekeeping, Spring, 9(1):1–22.
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In this article, the author presents a critique of the theory behind the “new radical interventionism, both in its military disciplining form and in the form of a radical aid policy that attempts to change and control whole processes of social life by targeting mentalities and attitudes” (p. 1). The author’s main contention is that the new interventionism, while appealing to moral and civil values, is as “realist” oriented as ever. Moreover, he asserts, “the moralist discourse behind ‘cosmopolitan policing’ and ‘humanitarian bombing’ is shared within both the ‘left’ and the ‘right’ enabling a merger into a neo-liberal agenda with radical interventionist ambitions. This, in turn, has become possible by drawing on elements from three other discourses (‘balkanism’, ‘universalism’ and ‘cultural nihilism’), thus creating a formula for a hegemonic project” (p. 1). 1679. Stanley Foundation (2001). Using “Any Means Necessary” for Humanitarian Response. Muscatine, IA: Author. 42 pp. “This is the report of the 26th annual United Nations of the Next Decade Conference that brought together experts wrestling with the political, legal, and practical challenges the world community faces when intrastate conflicts escalate into massive violence. While a broad consensus emerged supporting forceful intervention in the worst cases, the questions of who should intervene, when, and how was the subject of lively debate” (p. 1). 1680. Stedman, Stephen J. (1998). “Conflict Prevention as Strategic Interaction: The Spoiler Problem and the Case of Rwanda,” pp. 67–86. In Peter Wallensteen (Ed.) Preventing Violent Conflicts: Past Record and Future Challenges. Uppsala, Sweden: Department of Peace and Conflict Research, Uppsala University. Stedman, a senior research scholar at the Center for International Security and Cooperation at Stanford University, discusses the concept of “spoilers” (“which exist only when there is a peace process to undermine, that is, after at least two warring parties have committed themselves publicly to a pact or have signed a comprehensive peace agreement,” pp. 69–70), and how the “spoiler” problem impacted the situation in Rwanda and, ultimately, led to the 1994 genocide. In addressing the above, he presents/examines the following: a preliminary typology of spoilers; inside and outside spoilers; number, types, and locus of spoilers; strategies of spoiler management; custodian strategies; limitations of the custodian; the issue of peacemaking; Rwanda, a case of failed spoiler management; and spoiler management. At the outset of his essay, Stedman writes: [A major] error in the conflict prevention literature is . . . to analyze conflict as [if it is] divorced from its antagonists. Metaphors of prevention suggest that
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conflict is . . . mechanical, as opposed to something relational among human beings. . . . [One] author proposes a tool-box for practitioners of prevention, suggesting that preventing violent conflict is akin to fixing a leaky faucet. Another . . . treats conflict as similar to disease, as if . . . [its similar to] preventing a cholera epidemic. . . . Because they deny agency to the actors who are in conflict and who decide whether and how to use violence to pursue their goals, such analyses tend to create an illusion of ease about conflict prevention. Properly understood, conflict prevention is about convincing human beings who strategically calculate how to achieve their goals and who may possess incommensurable worldviews that their interests can be and should be pursued while refraining from violence. . . . [F]ew works provide accurate diagnoses of different kinds of conflict situations and actors, specify alternative strategies of prevention and link the two in ways that could inform policy-making. [M]yriad works [exist] on early warning, but little understanding of the organizational blinders that lead to missed information, incorrect diagnosis, and failed prevention. [P]undits [often] fault a lack of international will as the key missing factor in successful prevention. [Such] pundits, [however,] ignore a key intermediate step: recommending a strategy of prevention and clearly specifying what actions . . . will persuade all sides in a conflict from [using] violence, while at the same time convincing them to . . . address the grievances of [those] in conflict. My approach to conflict prevention emphasizes strategic interaction and focuses on implementation of peace agreements and the imperative of preventing wars from erupting again once agreements have been signed—what [UN Secretary-General] Boutros-Ghali referred to as post-conflict peacebuilding, but what is more accurately called post-agreement peacebuilding. “Peacemaking is a risky business.” The greatest source of risk comes from spoilers leaders and parties who believe that peace emerging from negotiations threatens their power, worldview, and interests, and use violence to undermine attempts to achieve it. By signing a peace agreement, leaders put themselves at risk from adversaries . . . , disgruntled followers. . . . , [and] excluded parties. (pp. 67–68)
1681. Stedman, Stephen J. (1999). International Actors and Internal Conflicts. New York: Project on World Security, Rockefeller Brothers Fund. 31 pp. This report presents a survey of the recent literature on the role of international actors (states, international organizations, regional organizations, and non-governmental organizations) vis-à-vis international conflicts. In doing so, it addresses such issues and activities as conflict exacerbation, preventive action, intervention, mediation, peacekeeping and peace enforcement, the implementation of peace agreements, and structural mediation. The essay also includes a section entitled “What Should Sovereignty Be?” 1682. Stremlau, John (1996). Sharpening International Sanctions: Toward a Stronger Role for the United Nations—A Report to the Carnegie Commission
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on Preventing Deadly Conflict. New York: Carnegie Cooperation of New York. 78 pp. This report is comprised of five chapters: 1. “Background”; 2. “Emerging International Trends That Affect Sanctions”; 3. “Sanctions Innovations of the 1990s” (including those implemented in Yugoslavia, Somalia, and Rwanda); “Secondary Effects of Sanction Regimes”; and 5. “Sharpening UN Sanctions Capabilities.” In the executive summary, Stremlau states the following: The end of the Cold War and successful multilateral cooperation during the Gulf War led to a surge of United Nations-mandated sanctions. The Security Council imposed sanctions only twice between 1945 and 1990 but eight times between 1990 and 1994. In the two cases before 1990, Rhodesia and South Africa, the UN imposed sanctions to protest the denial of human rights and the domestic abuse of power within states rather than to counter traditional threats or acts of interstate aggression, as envisioned by the founders of the UN. Since the imposition of sanctions against Iraq in 1990, the Security Council has expanded the range of problems for which Chapter VII mandatory sanctions are justified: the use of force in the former Yugoslavia . . . , and genocide in Rwanda. Sanctions generally serve three diplomatic functions. They send a signal of international concern to an offending state, seek to modify the unacceptable behavior of a state toward other states or against its own citizens, and warn of stronger actions to follow— including the use of force. The power to impose sanctions remains the exclusive domain of national governments. The UN or other multilateral bodies can only authorize, not enforce, such measures. Sanctions only reflect international norms, they do not create them. They can, however, significantly affect the credibility of international norms. Indeed, the more sanctions become a regular and effective instrument, the greater should be their deterrent value as a tool of conflict prevention in dealing with potential aggressors or oppressors. (p. i–iii)
1683. Strobel, Warren P. (1997). Late-Breaking Foreign Policy: The News Media’s Influence on Peace Operations. Washington, D.C: United States Institute of Peace Press. 275 pp. Strobel, the White House and former U.S. State Department correspondent for the Washington Times, provides a behind-the-scenes accounts of 1990s peace operations in Bosnia, Rwanda, northern Iraq, among other locations, and makes recommendations aimed at civilian and military leaders in regard to building and maintaining public support in an age of intense media scrutiny. The book is comprised of the following chapters: 1. “Fighting the Last War: A Brief History of Government, the Military, and the News Media”; 2. “Driving Fast without a Road Map: The News Media and Foreign
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Policy Today”; 3. “Reporting the New Story: The News Media and Peace Operations”; 4. “The Push: The News Media and Intervention”; 5. “The Pull: Public Opinion and Peace Operations”; and 6. “Assessing the Gap: Conclusions and Recommendations.” 1684. Strozier, Charles B., and Flynn, Michael (Eds.) (1996). Genocide, War, and Human Survival. Lanham, MD: Rowman & Littlefield Publishers. 343 pp. Of the twenty-six chapters in this volume, those most worthy of note visà-vis the issues of the prevention and intervention of genocide are: “To Prevent or to Stop Mass Murder” by Ronnie Dugger; “Meeting the Challenge of Genocide in Bosnia: Reconciling Moral Imperatives with Political Constraints” by Richard Falk; and “The Prevention and Punishment of the Crime of Genocide” by Saul Mendlovitz and John Fousek. 1685. Teixeira, Pascal (2003). The Security Council at the Dawn of the TwentyFirst Century: To What Extent Is It Willing and Able to Maintain International Peace and Security? Geneva, Switzerland: United Nations Institute for Disarmament Research. 125 pp. This booklet is comprised of the following chapters: “Introduction: The Charter in the Light of Reality and Experience”; 1. “New Threats, New Challenges” (which includes a section entitled “Failed States” and Internal Conflicts); 2. “Between Democracy and Oligarchy”; 3. “A Patchwork World”; 4. “The Security Council and Regional Organizations”; 5. “Changing Instruments for Action” (which includes such sections as Prevention: Vital Yet Difficult; Sanctions: Making Them An Effective Tool; Peacekeeping Operations: From Crisis to Reform; Post-Conflict Peace Building: Who Orchestrates It?; The International Criminal Tribunals; The Use of Force: A Necessary Instrument But for What Purpose?); and “Conclusion: The Security Council in the Era of Hegemony: Conditions for Relevance.” 1686. Tesón, Fernando R. (1996). “Changing Perceptions of Domestic Jurisdiction and Intervention,” pp. 29–51. In Tom Farer (Ed.) Beyond Sovereignty: Collectively Defending Democracy in the Americas. Baltimore, MD: The Johns Hopkins University Press. In his introduction to this essay, Tesón, professor of Law at Arizona State University, states the following: The Charter of the United Nations prohibits the organization from intervening “in matters which are essentially within the domestic jurisdiction of any state.” This limitation does not apply to the enforcement measures taken by the UN Security Council under Chapter VII of the Charter. Yet the principles and policies that govern unilateral intervention differ substantially from those
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that govern collective intervention, especially intervention authorized by international organizations such as the United Nations and the Organization of American States. In this chapter, I discuss collective intervention authorized by the UN Security Council with a special emphasis on the concept of exclusive domestic jurisdiction, first examining the different meanings of the notoriously ambiguous word intervention. Because the legitimacy of collective intervention depends in part on whether the matter falls within the domestic jurisdiction of the target state, I then discuss contemporary views of domestic jurisdiction. Finally, I discuss collective humanitarian intervention under the principles of the UN Charter and examine the practice of the Security Council since the end of the Cold War. My conclusion is that international law today recognizes, as a matter of practice, the legitimacy of collective forcible humanitarian intervention, that is, of military measures authorized by the Security Council for the purpose of remedying serious human rights violations. While traditionally the only grounds for collective military action has been the need to respond to breaches of the peace (especially aggression), the international community has accepted a norm that allows collective humanitarian intervention as a response to serious human rights abuses. (p. 29)
The essay is comprised of the following sections: Soft, Hard, and Forcible Intervention; Exclusive Domestic Jurisdiction; Human Rights; Form of Government: Democracy; and Collective Humanitarian Intervention (General Principles; Iraq and the Kurds, 1991; Somalia, 1992–1993; and Haiti, 1994). 1687. Tesón, Fernando (1997). Humanitarian Intervention: An Inquiry into Law and Morality. Irvington-on-Hudson, NY: Transnational Publishers, Inc. 378 pp. This book is comprised of the following parts and chapters: Part One: A Philosophical Defense of Humanitarian Intervention (chapter 1: “International Law, Humanitarian Intervention, and Moral Theory”; 2. “The Assumptions of the Interventionist Model”; 3. “The Hegelian Myth”; 4. “The International Legitimacy of Governments”; 5. “Utility, Rights and Humanitarian Intervention”; 6. “A Moral Framework for Humanitarian Intervention”); and Part Two: Humanitarian Intervention in International Law (7. “The Concept of Humanitarian Intervention in International Law”; 8. “Humanitarian Intervention: State Practice”; 9. “Collective Humanitarian Intervention” (which includes the following sections: I. Introduction, II. Collective Humanitarian Intervention: 1. General Principles; 2. The Cause of Iraq’s Treatment of the Kurds, 1991; 3. The Operation in Somalia, 19921993; 4. The Case of Haiti, 1994; 5. The Case of Rwanda, 1994; and 6. A Note on the Intervention of NATO into Bosnia, 1994); and 10. “Human
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Rights and Humanitarian Intervention in the World Court: The Nicaragua Decision). 1688. Thakur, Ramesh (2002). “Intervention, Sovereignty and the Responsibility to Protect: Experiences from ICISS.” Security Dialogue, 33(3):323–340. In this article, Thakur highlights the primary achievement of the Report of the International Commission on Intervention and State Sovereignty (ICISS): the establishment of the foundations for a new normative and operational consensus on the role of military intervention for humanitarian purposes. Most significantly, the report moves beyond the political debates and conceptual histories surrounding the polarized notions of military intervention and state sovereignty, and introduces the concept of the “responsibility to protect” to bridge the polemical-political divide. The concept encapsulates the growing necessity for the norm of nonintervention to yield to the principle of international responsibility to protect foreign populations under threat of mass killings and ethnic cleansing, where these populations’ governments are either complicit or ineffectual. . . . The article concludes with some reflections on the rule of the UN and leading powers in the implementation of this framework, and the usefulness of the precautionary principle to avoid irreversible humanitarian atrocities. (p. 323)
1689. Thakur, Ramesh, and Newman, Edward (Eds.) (2000). New Millennium, New Perspectives: The United Nations, Security, and Governance. Tokyo: United Nations University Press. 334 pp. New Millennium, New Perspectives: The United Nations, Security, and Governance analyzes a number of pressing international challenges relating to policy issues vis-à-vis the problems of security and governance. The authors address a number of overarching issues related to the latter, including but not limited to the following: the impact of globalization, key challenges in the short and medium terms, the manner in which national governments and the international community might more broadly address the challenges, and the comparative advantage enjoyed by the United Nations in working with the international community in addressing the challenges. The authors embrace a range of issues relating to traditional and non-traditional security, and changing pressures and expectations of governance within and across international borders and their implications for the United Nations in the twenty-first century. The book has a number of chapters that specifically address the issue of intervention: “Introduction” by Ramesh Thakur; “The Security Council in the 1990s: Inconsistent, Improvisational, Indispensable?” by David M. Malone; “Intervention: Trends and Challenges” by Chantal de Jonge Oudraat; “’Alliances’ and Regional Security Developments: The Role of
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Regional Arrangements in the United Nations’ Promotion of Peace and Stability” by Brian Job; and “The United Nations and Human Rights” by David Forsythe. 1690. Thomas, Raju G. C. (Ed.) (2003). Yugoslavia Unraveled: Sovereignty, SelfDetermination, Intervention. Lanham, MD: Lexington Books. 386 pp. A collection of essays highly critical of the “West’s” and the United Nations’ involvement and approach to the Yugoslavia crisis. The book is comprised of the following chapters: “Sovereignty, Self-Determination, and Secession: Principles and Practice” by Raju G. C. Thomas; “The Future of Nationalism” by Michael Mandelbaum; “Transnational Causes of Genocide, or, How the West Exacerbates Ethnic Conflict” by Alan J. Kuperman; “Religion and War: Fault Lines in the Balkan Enigma” by P. H. Liotta; “Economic Aspects of Yugoslavia’s Disintegration” by Milica Z. Bookman; “International Policy in Southeastern Europe: A Diagnosis” by Gordon N. Bardos; “Wars, Humanitarian Intervention, and International Law: Perceptions and Reality” by Raju G. C. Thomas; “The Use of Refugees as Political and Military Weapons in the Kosovo Conflict” by Kelly M. Greenhill; “Propaganda System One: From Diem and Arbenz to Milosevic” by Edward S. Herman; “Biased Justice: ‘Humanrightism’ and the International Criminal Tribunal for the Former Yugoslavia” by Robert M. Hayden; “Illegal Wars, Collateral Damage, and International Criminal Law” by Michael Mandel; “Intervention in Ethnic Civil Wars and Exit Strategies: Lessons from South Asia” by Maya Chadda, and “Reflections on the Yugoslav Wars: A Peacekeeper’s Perspective” by Satish Nambiar. 1691. Thompson, Mark, and De Luce, Dan (2002). “Escalating to Success? The Media Intervention in Bosnia and Herzegovina,” pp 201–235. In Monroe E. Price and Mark Thompson (Eds.) Foreign Peace: Intervention, Human Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In their introduction, the authors assert and then note that “Media helped sustain the Bosnian conflict for more than three years, and continue to hinder the establishment of a stable peace. The Western governments that reluctantly intervened in the Bosnian conflict and that sponsored the 1995 peace agreement were initially slow to recognize the pivotal role of the media in undermining ethnic co-existence. . . . How the international community sought to overturn the nationalist media monopolies, and how this effort shaped Bosnia’s media landscape, is the focus of our interest” (pp. 201–202). This essay is comprised of the following sections: Peacekeeping and Regime Media: Before Dayton; Errors of Omission: Dayton and After; IFOR,
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SFOR, and Public Information; Implementing Dayton (Acting Against Propaganda Media); A Strategy Emerges (The Independent Media Commission; Regulating HTV—Croatian State Television); Towards Public Service Broadcasting; and International Aid and Its Consequences. 1692. Thompson, Mark, and Price, Monroe E. (2003). “Intervention, Media and Human Rights.” Survival: The IISS Quarterly, Spring, 45(1):183–202. The authors examine how international peace operations in the 1990s developed a capacity for tackling the problem of media manipulation in societies racked by or recovering from massive conflict. They note that at the time there was “little organizational awareness as to how the international community should react either to the incendiary uses of media in Rwanda before and during the 1994 genocide, or to the systematic manipulation of public opinion in Bosnia after [the] Dayton [Accords]” (p. 184). They go on to discuss such ideas/issues as: information intervention (actions by a powerful state or a combination of states—most commonly in the name of an international community—that may be taken to prevent conflict, during the course of a conflict, or as part of post-conflict reconstruction); rule of law; free speech and incitement; media for peace; and “state and public service” broadcasting. 1693. Tomes, Robert (2000). “Operation Allied Force and the Legal Basis for Humanitarian Interventions.” Parameters, Spring, 30(1):38–50. This article presents a discussion of international law arguments against NATO’s 1999 bombing campaign of Kosovo, suggests that the operation should be considered legitimate, and concludes with a jus cogens argument—similar to a natural law argument—in support of intervention to stop gross violations of human rights. The article is comprised of the following sections: Ethnopolitical Conflict as a Justification for Intervention in Yugoslavia; Humanitarian Intervention; Aggression and the Legalist Paradigm; Nonintervention; UN Charter Chapter VII Enforcement Measures; International Law and the Use of Force; Threats to Peace and Intervention; Conclusion: Is There a “Jus Cogens” Argument to be Made? 1694. Totten, Samuel (Ed.) (2005). Genocide at the Millennium. Volume 5: Genocide Bibliographical Series. New Brunswick, NJ: Transaction Publishers. 302 pp. This volume is comprised of the following sections and chapters: “Preface” by Dr. Israel W. Charny; “Introduction” by Samuel Totten; chapter 1. “Genocidal Violence in Bosnia and Herzegovina” by Eric Markusen and Martin Mennecke; chapter 2. “The Rwanda Genocide” by Howard Adelman;
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chapter 3. “Genocide in Kosovo?” by Peter Ronayne; chapter 4. “The Role of Nongovernmental Organizations in Addressing the Intervention, Prevention and Punishment of Genocide in the 1980s, 1990s, and Early 2000s” by Samuel Totten; chapter 5. “The United Nations and Genocide: Prevention, Intervention, and Prosecution” by Samuel Totten and Paul R. Bartrop; chapter 6: “The Role of Individual States in Addressing Cases of Genocide” by Kenneth J. Campbell; chapter 7. “The International Legal Prohibition of Genocide Comes of Age” by William A. Schabas; chapter 8. “International Criminal Tribunal for Rwanda (ICTR)” by Alexander Zahar and Susan Rohol; chapter 9. “International Tribunal for the Former Yugoslavia (ICTY)” by John R.W.D. Jones and Roberta Arnold; and chapter 10. “The Establishment of the International Criminal Court (ICC)” by Cherif Bassiouni (Annotated bibliography compiled and edited by Samuel Totten). 1695. Totten, Samuel (2002). “The Imperative to Develop Efficacious Methods to Intervene and/or Prevent Genocide: A Task Whose Time Has Come,” pp. 167–175. In Carol Rittner, John Roth, and James Smith (Eds.) Genocide in a Post-Holocaust World. Laxton, UK: The Aegis Trust and The Beth Shalom Holocaust Memorial Centre. Among the concerns addressed in this essay are the following: current issues and efforts vis-à-vis intervention that are under study and/or consideration by a wide range of groups and individuals, the international community’s reaction to past genocides, and recommendations in regard potential solutions to current barriers/problems related to the prevention and the intervention of genocide. 1696. Totten, Samuel (2004). “The Intervention and Prevention of Genocide: Sisyphean or Doable?” Journal of Genocide Research, June, 6(2):229–247. Among the issues discussed herein are: detecting genocide early on; the issues of sovereignty and “internal affairs”; the problem of political will; the need for a strong mandate, a well-trained and well-resourced force; addressing systemic issues; and the critical need for a synergy of efforts amongst scholars in different fields. 1697. Totten, Samuel (1994). “Non-Governmental Organizations Working on the Issue of Genocide,” pp. 325–357. In Israel W. Charny (Ed.). The Widening Circle of Genocide. New Brunswick, NJ: Transaction Publishers. This chapter includes a discussion of key organizations in the field of genocide studies—some of which focus on the prevention and intervention of genocide—and an annotated list of the organizations. It includes a section entitled “Suggestions for Strengthening Efforts” (pp. 334–339).
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1698. Totten, Samuel (forthcoming). The Prevention and Intervention of Genocide. Volume 6. Genocide: A Critical Bibliographic Review, New Brunswick, NJ: Transaction Publishers. This volume is comprised of the following chapters: 1. “Prevention and Intervention of Genocide During the Cold War Years” by Alex Alvarez; 2. “Intervention and Prevention in the 1990s and Early 2000s” by Samuel Totten and Paul Bartrop; 3. “Preventing Genocide: Complexities, Impediments and Components Needed for Effective Prevention” by Samuel Totten; 4. “Development and Implementation of Genocide Early Warning Systems: Conceptual and Practical Issues” by Barbara Harff; 5. “The Intervention of Genocide” by Samuel Totten; 6. “The Issue of Sovereignty and the Intervention of Genocide” by Bruce Cronin; 7. “Sanctions and the Prevention and Intervention of Genocide” by George Lopez; 8. “Peacekeeping and the Prevention and Intervention of Genocide” by Lawrence Woocher; 9. “Bringing Perpetrators to Justice: A Component for Future Preventive Efforts?” by Martin Mennecke and Elisabeth Moltke; 10. “Toward the Development of an International Anti-Genocide Regime: New Initiatives and Proposals for the Intervention and Prevention of Genocide” by Gregory Stanton; and 11. “Postgenocidal Issues” by Paul Bartrop. 1699. Totten, Samuel (2002). “To Deem or Not To Deem ‘It’ Genocide: A Double-Edged Sword.” Bridges: An Interdisciplinary Journal of Theology, Philosophy, History and Science, Fall/Winter, 9(3/4):151–169. This essay examines the fact that time and again in the latter half of the twentieth century when genocide was perpetrated the international community almost always responded in a sorely inadequate fashion. Totten asserts that, in part, this was due to the fact that genocidal events were often not deemed genocide in a timely fashion and thus were not considered to be of the utmost importance to policy makers. Among the reasons for the latter, he asserts, were due to the following: (1) ambiguities in the definition of genocide, (2) inadequate intelligence or information gathering sources, (3) a tentativeness by scholars and others to deem a situation genocide until they were positive it constituted such, and (4) the avoidance by government officials and others to deem a situation “genocidal” since they would have been obligated to act to halt it. 1700. Totten, Samuel, and Bartrop, Paul (2005). “The United Nations and Genocide: Prevention, Intervention and Prosecution,” pp. 113–147. In Samuel Totten (Ed.) Genocide at the Millennium. Genocide: A Critical Bibliographical Review. New Brunswick, NJ: Transaction Publishers. Totten (an independent genocide scholar) and Bartrop (professor of History at Deakin University in Victoria, Australia) present an overview of the United
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Nations and its efforts to prevent genocide as well as its intervention efforts. The authors note that the criticism often directed at the United Nations for its dilatory response to cases of potential and actual genocides should be placed at the feet of its member states—particularly those members of the UN Security Council, for they are the ones who vote to act or not act in a timely and efficacious manner. The chapter is accompanied by a detailed annotated bibliography of key papers, reports, articles, and books on various aspects of the UN (including various secretary generals) and its response to potential and actual genocides. 1701. Totten, Samuel, and Markusen, Eric (2005). “The US Government Darfur Genocide Investigation.” Journal of Genocide Research, June, 8(2):279– 290. Totten and Markusen, both of whom served as investigators on the U.S. State Department’s Darfur Atrocities Documentation Team, describe and discuss what constituted the first official investigation by one sovereign nation (the United States) into another sovereign nation’s (Sudan) internal strife for the express purpose of ascertaining whether genocide had been perpetrated or not. The piece is comprised of the following sections: Overview of the Darfur Conflict, Origins of the U.S. Government Darfur Genocide Investigation, Methodology, Findings, Commission of Acts in Darfur Prohibited by the UNCG, and Ramifications of the Darfur Atrocities Documentation Project. 1702. Trachtenberg, Marc (1993). “Intervention in Historical Perspective,” pp. 15–36. In Laura W. Reed and Carl Kaysen (Eds.) Emerging Norms of Justified Intervention: A Collection of Essays from a Project of the American Academy of Arts and Sciences. Cambridge, MA: American Academy of Arts and Sciences. A succinct but informative overview of the concept and practice of intervention and the controversies that have surrounded it over the past two (nineteenth and twentieth) centuries. 1703. Ullman, Richard H. (Ed.) (1996). The World and Yugoslavia’s Wars. New York: Council on Foreign Relations Press. 230 pp. Comprised of eight essays based on a study conducted by the Council on Foreign Relations, most of the authors are highly critical of the West’s “craven,” “spineless,” and “toothless” reaction to the killing in the former Yugoslavia. The essays in the book are: 1. “The Wars in Yugoslavia and the International System After the Cold War” by Richard H. Ullman; 2. “The Impossible Trade-off: ‘Peace’ versus ‘Justice’ in Settling Yugoslavia’s Wars” by Jean
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E. Manas; 3. “Collective Spinelessness: UN Actions in the Former Yugoslavia” by Thomas G. Weiss; 4. “Yugoslavia: Implications for Europe and for European Institutions” by Stanley Hoffmann; 5. “The United States and Yugoslavia’s Wars” by David C. Gompert; 6. “U.S. and European Attitudes Towards Intervention in the Former Yugoslavia: Mourir pour la Bosnie?” by Richard Sobel; 7. “Dangerous Liaisons: Moscow, the Former Yugoslavia, and the West” by Paul A. Goble; and 8. “After the End” by Abram Chayes and Antonia Handler Chayes. 1704. United Nations (2001). Report of the Panel on United Nations Peace Operations. New York: Author. n.p. This is the report (also known as the Brahimi Report, named after the chair of the group that wrote the report) of the panel convened by UN Secretary General Kofi A. Annan to undertake a thorough review of the United Nations peace and security activities, and to present a set of concrete recommendations on how to improve such activities. Among the many recommendations of this distinguished panel are the following: the pivotal importance of clear, credible and adequately resourced Security Council mandates; a focus by the United Nations system on conflict prevention and its early engagement, wherever possible; the need to have more effective collection and assessment of information at United Nations headquarters, including an enhanced conflict early warning system that can detect and recognize the threat or risk of conflict or genocide; the need to build the United Nations capacity to contribute to peace-building, both preventive and post-conflict, in a genuinely integrated manner; the necessity to provide field missions with high quality leaders and managers who are granted greater flexibility and autonomy by headquarters, within clear mandate parameters, and with clear standards of accountability for both spending and results. Available at http://www.un.org/peace/reports/ peace_operations/docs/full_report.htm. 1705. United States Holocaust Memorial Museum (2002). “A Good Man in Hell: General Romeo Dallaire and the Rwanda Genocide” [A Transcript]. Washington, D.C.: Author. 24 pp. This is a transcript of the haunting interview that correspondent Ted Koppel conducted with Major General Romeo Dallaire, the Canadian soldier who headed up the United Nation’s peacekeeping mission in Rwanda prior to and during the 1994 Rwandan genocide. It is a scathing indictment of the lack of political will and care by the United Nations, the European Community, the United States and others in the face of one of the most blatant cases of genocide perpetrated in the twentieth century.
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1706. United States Institute of Peace (2000). Managing Communications: Lessons from Interventions in Africa. April, [Number 2 in Virtual Diplomacy Series]. Washington, D.C.. Author. 56 pp. This booklet and its individual articles resulted from a conference (“Managing Communications) held by the United State Institute of Peace that brought together a “broad representation of military and civilian organizations that had participated in humanitarian interventions in Somalia, Rwanda and Liberia in the 1990s in order to examine how information and communication technologies (ICTs) could be used to help overcome the problem of information ‘stovepiping’ among operations actors involved in humanitarian emergencies.” Among the articles included herein that are germane to the prevention and intervention of genocide are: “UN Assistance Missions for Rwanda—NGO Coordination” by Charles Petrie; “Q & A on Hate Radio” by Charles Petrie; “U.S. Military Transport and Communications (Rwanda)” by Thomas Frey, and “Displaced Persons/Humanitarian Relief (Rwanda)” by Simon Gorman. 1707. United States Institute of Peace (2002). “Taking Stock and Looking Forward: Intervention in the Balkans and Beyond.” United Institute of Peace Special Report. Washington, D.C.: Author. 6 pp. Among the many issues this report addresses are: “The international community will need to focus in a more disciplined way on establishing the rule of law, including . . . bringing war criminals to justice” and “The Balkans intervention suggests that the international community needs far better preparation for its civil responsibilities, better coordination between political and military objectives, and a deeper appreciation of the challenges on the ground” (p. 1). 1708. Van Metre, Lauren; Cevallos, Albert; and Herrmann, Kristine (1998). Kosovo: Escaping the Cul-de-Sac [Special Report.] Washington, D.C: United States Institute of Peace. 7 pp. On June 15, 1998, the United States Institute of Peace hosted a second meeting of its Bosnia Working Group to discuss the unfolding crisis in Kosovo. Participants were asked to provide recommendations in regard to how the negotiating process could achieve a viable and acceptable outcome for all parties. In addition, members of the working group were asked to critique the international community’s role in attempting to mediate, resolve, and contain the conflict. Recommendations were offered for the following groups to consider: the international community, the Kosovars, and the Serbs.
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1709. von Hippel, Karin (2000). Democracy by Force: U.S. Military Intervention in the Post-Cold War World. New York: Cambridge University Press. 224 pp. This book on military intervention contains three chapters that will be of particular interest to those concerned with the prevention and intervention of genocide: 1. “Introduction: Dangerous Hubris?”; 4. “UNPROFOR, IFOR, and SFOR: Can Peace Be Forced on Bosnia?”; and 6. “Hubris or Progress: Can Democracy be Forced?” Von Hippel, political advisor to the representative of the UN SecretaryGeneral of Somalia, considers the factors that led to U.S. intervention, the avenue of military intervention, and nation-building efforts. She seeks to provide a greater understanding of the successes and failures of U.S. policy, to improve strategies for reconstruction, and to provide insights into the consideration under which intervention and nation-building are likely to succeed. 1710. Walker, William (2001). “OSCE Verification: Experiences in Kosovo: November 1998–June 1999,” pp. 137–142. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimensions. London: Frank Cass Publishers. In the conclusion to this piece, Walker, a U.S. foreign service officer who served as head of the OSCE’s Kosovo Verification Mission (1998–1999), states the following: Despite the Kosovo Verification Mission’s (KVM) good intentions, the solid performance of many of its individual members and the fact that for several months it “made a difference” in protecting the Albanian population of Kosovo from the brutal torment of their oppressors, in the final analysis the KVM was unable to achieve its goal of establishing a stable environment in which a political settlement was achievable. [There were two basic reasons for such failure.] First, as the Rambouillet peace process conclusively proved, [Serbian President] Slobodan Milosevic never intended to sign any settlement that diminished his absolute control over Kosovo and all within it. . . . Second, the KVM’s inability to create conditions propitious to a political settlement was a direct result of its successes in the field of human rights. [Still,] had the KVM verifiers been less aggressive in pursuit of factual human rights reporting, had the mission dealt with Racak [a village where an escalating number of human rights abuses were perpetrated] and other egregious abuses with the caution most international missions employ, had the international community reacted to the news from Racak with less passion and anger than it did—we would still be watching Slobodan Milosevic and his security services slowly but surely stripping the Albanian population of their dignity, their humanity, their very existence. (p. 140)
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1711. Walter, Barbara F., and Synder, Jack (Eds.) (1999). Civil Wars, Insecurity, and Intervention. New York: Columbia University Press. 331 pp. The collective essays in this book present an examination of four interventions (Bosnia and Herzegovina, Somalia, Cambodia, and Rwanda) carried out in the 1990s in order to draw lessons for ongoing policy debates. The book is comprised of the following parts and chapters: Part I. Civil War and Insecurity (1.”Civil War and the Security Dilemma” by Jack Synder and Robert Jervis; 2. “Designing Transitions from Civil War” by Barbara F. Walter); Part II. Case Studies (3. “Bosnia and Herzegovina: How Not to End Civil War” by Susan L. Woodward; 4. “Military Intervention in Rwanda’s ‘Two Wars’: Partisanship and Indifference” by Bruce D. Jones; 5. “Somalia: Civil War and International Intervention” by David D. Laitin; 6. “War and Peace in Cambodia” by Michael W. Doyle); Part III. Comparative Analyses (7. “When All Else Fails: Evaluating Population Transfers and Partition as Solutions to Ethnic Conflict” by Chaim D. Kaufmann; 8. “The Rationality of Fear: Political Opportunism and Ethnic Conflict” by Rui J. P., de Figueiredo Jr. and Barry Weingast; and 9. “Conclusion” by Barbara F. Walter. 1712. Weber, Cynthia (1992). “Reconsidering Statehood: Examining the Sovereignty/Intervention Boundary.” Review of International Studies, 18(3):199– 216. This piece by Weber, professor of Political Science at Purdue University, is comprised of the following sections: Diplomatic Practices and Intervention, Conventional Approaches to the Study of Intervention, Reconsidering Statehood, and Conclusion. 1713. Weiss, Thomas G. (1999). “Civilian-Military Interactions and Ongoing UN Reforms: DHA’s Past and OCHA’s Remaining Challenges,” pp. 49–70. In Jim Whitman (Ed.) Peacekeeping and the UN Agencies. London: Frank Cass Publishers. In his introduction, Weiss, Distinguished Professor of Political Science at the Graduate School and University Center, the City University of New York, writes that The pragmatic and visionary options for the creation of a successor to the UN Department of Humanitarian Affairs [DHA] are outlined, together with the political and bureaucratic considerations which led instead to the establishment of the Office for the Coordination of Humanitarian Affairs [OCHA], which falls short of what was possible as well as desirable. In order to appreciate the forces which are likely to converge on OCHA, a history of the formation and performance of DHA is detailed, followed by an examination of the prospects
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for OCHA in meeting its three stated core functions: policy development, advocacy, and coordination. Despite a number of improvements over the form and standing of its predecessor, OCHA’s prospects for success are constrained by the nature and extent of the UN reform process, the operational realities of humanitarian operations, a variety of unaddressed institutional inadequacies, and entrenched resistance to coordination. (p. 49)
1714. Weiss, Thomas G. (1996). “Collective Spinelessness: UN Actions in the Former Yugoslavia,” pp. 59–96. In Richard H. Ullman (Ed.) The World and Yugoslavia’s Wars. New York: Council on Foreign Relations. In his introduction, Weiss, associate director of Brown University’s Watson Institute for International Studies, states that Long before the presidents of Serbia, Croatia, and Bosnia initiated a peace settlement [the Dayton Accords] culminating three weeks of roller-coaster negotiations at Wright-Patterson Air Force Base, the United Nations was at the center of an ongoing controversy in the former Yugoslavia. Throughout four years of fratricide, the world organization was embroiled among competing ethnic groups and confronted thorny questions about sovereignty, human rights, and the use of force to sustain international norms. This chapter details the painful dithering and ineffectiveness of UN actions from the beginning of the end of Yugoslavia on June 25, 1991, until the agreement on November 21, 1995, that partitioned Bosnia-Herzegovina into a Muslim-Croat federation and a Bosnia-Serb entity while reserving the fiction of a central government of a multi-ethnic state with its seat in Sarajevo. (p. 59)
1715. Weiss, Thomas G. (1993). “Intervention and Genocide.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:6–7. As part of a forum (“A Forum on Prevention of Genocide and Mass Killing”) organized by the New York City-based Institute for the Study of Genocide, and in response to two questions (“What should be the preconditions for creating and recognizing new states and retracting (or suspending) recognition?” and “What other solutions would you recommend to rectify the past discrimination of regional or dispersed minorities who have experienced denial of civil and political rights?”) posited to the panelists, Weiss (associate director of Brown University’s Thomas J. Watson Institute for International Studies), delineates that which constitutes intervention, provides a more precise definition of “international intervention,” and discusses the West’s and the United Nation’s tentative, half-hearted, and often disastrous, interventions in various crisis-situations in the early 1990s (and, in particular, the situation in the former Yugoslavia). In regard to the latter, Weiss trenchantly comments that Incremental measures under United Nations auspices paradoxically fostered Serbia’s genocidal war aims. Given their traditional constraints and operating
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procedures, UN soldiers were not strong enough to deter the Serbs. But they deterred the international community from more assertive intervention because the troops, along with aid workers, were vulnerable targets. While assistance to refugees saved lives, it also helped foster ethnic cleansing by stimulating movement of unwanted populations. Air-drops of food made it seem as if people counted; while massive and unspeakable human rights abuse, and war crimes continued unabated. Inadequate military and humanitarian action, combined with half-hearted sanctions and a negotiating charade, thus constituted a powerful diversion. They collectively impeded more vigorous Western diplomatic and military pressure or lifting the arms embargo for Muslims to help level the killing fields. (p. 7)
Weiss also comments on the critical need to address the systemic issues that often result in civil wars and human rights abuses, including genocide. More specifically, he perspicaciously states that What is required [for effective prevention] is nothing less than a shift in the dominant way that we attack problems. Our new policy lenses should be tinted with preventive peacebuilding rather than post-conflict intervention and management. The root causes of many conflicts—poverty, the unjust distribution of available resources, and the legacy of colonial boundaries in many multiethnic societies—should be addressed before they erupt into violence and genocide. . . . [E]ffective prevention should include basic investment in economic and social development as well as reforms to distribute the benefits of future growth more equitably. It would also include changing the global financial and trading systems. (p. 7)
1716. Weiss, Thomas G. (1993). “Intervention: Whither the United Nations?” The Washington Quarterly, 17(1):109–128. In his introduction, Weiss posits a question, and then explains the focus of his paper: “But can we conclude that a new consensus is emerging about international intervention, especially to sustain humanitarian objectives? In order to answer what daily headlines remind us is of one of the most critical foreign policy questions of our times, in this article I analyze some recent interventions, examine five key policy propositions, and conclude with three policy recommendations” (p. 110). The three policy recommendations are: (1) give priority to prevention, (2) do it right or not at all, and 3. be prepared for triage. 1717. Weiss, Thomas G. (1999). Military-Civilian Interactions: Intervening in Humanitarian Crises. Lanham, MD: Rowman & Littlefield Publishers, Inc. 279 pp. This volume, by Weiss, Distinguished Professor of Political Science at the Graduate School and University Center of New York, is comprised of
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the following chapters: 1. “Armed Forces and Humanitarian Action: Past and Present”; 2. “Framework for Estimating Military Costs and Civilian Benefits from Intervention”; 3. Northern Iraq, 1991-1996: A Difficult Act to Follow?”; 4. “Somalia, 1992-1995: The Death of Pollyannish Humanitarianism?”; 5. “Bosnia, 1992-1995: Convoluted Charity?”; 6. “Rwanda, 1994–1995: Better Late Than Never?”; 7. “Haiti, 1991–1996: Why Wait So Long?”; and 8. “Humanitarian Intervention: Costs, Benefits, Quandaries.” It also includes a valuable “Selected Bibliography of the 1990s.” In his preface, Weiss comments as follows: “I should indicate at the outset that there is an emphasis upon the United States in the following pages. This represents a conscious and substantive decision on my part rather than any unwitting parochialism. The United States finances 40 percent of NATO’s bills and, until recently, over 30 percent of UN military expenditures. More importantly, as the remaining major (if not super-) power, multilateral military initiatives to respond to large-scale crises are virtually infeasible without Washington’s concurrence and support” (p. xiv). 1718. Weiss, Thomas G. (2003). “Principles, Politics, and Humanitarian Action,” pp. 84–103. In Anthony F. Lang, Jr. (Ed.) Just Intervention. Washington, D.C.: Georgetown University Press. In the introduction to this thought-provoking essay, Weiss writes as follows: The tragedies of the past decade (1992–2002) have shaken humanitarians to the core. The mere mention of Afghanistan, Bosnia, Liberia, Rwanda, Sierra Leone, or Somalia profoundly disturbs their composure . . . Until recently, the two most essential humanitarian principles—neutrality (not taking sides with warring parties) and impartiality (nondiscrimination and proportionality)—have been relatively uncontroversial, as has the key operating procedure of seeking consent from belligerents. However, a host of developments in the 1990s altered this attitude toward humanitarian action. These include the complete disregard for international humanitarian law by war criminals and even by child soldiers, the direct targeting of civilians and relief personnel, the use of foreign aid to fuel conflicts and war economies, and the protracted nature of many so-called emergencies that in fact last for decades. The result has been a collective identity crisis among aid workers in war zones as well as among those who analyze such efforts. . . . [In] many ways, international humanitarian law seems to have been formulated mainly to deal with a different world from today’s—a world populated by governments and regular armies whose interests were served by adhering to the rules of warfare. Concepts once widely respected, especially domestic jurisdiction and sovereignty, have been breached even by humanitarians; for instance, nongovernmental organizations (NGOs) at times have been among the most numerous and vociferous proponents of military intervention, a position quite inconceivable a decade ago.
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In today’s environment, humanitarian tragedies have become “normal.” Cynics even view them as growth opportunities for aid agencies, whereas others see winners as well as losers in a new international political economy of war. Severe criticism of the aid establishment in general and relief agencies in particular has fueled the identity crisis experienced by humanitarians and has polarized debated. Understanding the differences between two groups of humanitarians is crucial. “Classicists,” led by the ICRC [International Committee of the Red Cross], believe that humanitarian action can and should be completely insulated from politics. “Political humanitarians” believe that political and humanitarians actions could and should not be disassociated. (pp. 84, 85)
Weiss goes on to discuss the following issues: the current and ongoing debate between the two humanitarian groups, what he refers to as “principles in an unprincipled world,” and approaches to humanitarian action. 1719. Weiss, Thomas G. (1994). “Triage: Humanitarian Intervention in a New Era.”World Policy Journal, Spring, 11(1):59–68. In light of the shortcomings of the United Nations’ efforts vis-à-vis humanitarian intervention, the absence of an independent U.S. military, the sky rocketing demand for military intervention and humanitarian action, and domestic budgetary constraints, Weiss, the associate director of the Thomas J. Watson Jr. Institute for International Studies at Brown University, argues that “triage, the French term to describe the wrenching and repugnant process of selection of who to save [in catastrophic situations], will soon be making a comeback. As does the surgeon on the battlefield, decisions must be made about categories: those who need no help; those who cannot be helped; and those who can and must be helped” (p. 67). 1720. Weiss, Thomas G., and Collins, Cindy (2000). Humanitarian Challenges and Intervention. Boulder, CO: Westview Press. 222 pp. Weiss, Presidential Professor at the Graduate Center of the City of New York and Cindy Collins, an independent consultant and doctoral candidate in Brown University’s Department of Political Science, delineate how institutional humanitarian challenges and intervention concerns within the international humanitarian system combined with the domestic context of armed conflict often yield policies that do not serve the immediate requirements for protection of rights, stabilization, or reconstitution. Based on upto-date case studies of the post-cold war experiences in Central America, Northern Iraq, the former Yugoslavia, and the African Great Lakes region, the authors make recommendations for a more effective international humanitarian system. The book is comprised of the following chapters and sections: “Introduction” (The Concept of Humanitarianism); 1. “Evolution of the Humanitarian Idea”
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(The Evolution of the Idea of Humanitarian Action, The Codification and Institutionalization, and Changing Language and Expectations of States); 2. “Main Actors” (Interests, Resources, and Organizational Structures and Functions); 3. “Key Post-Cold War Arenas” (Central America, Northern Iraq and the Gulf Crisis, Somalia, The Former Yugoslavia, Kosovo, Rwanda and the African Great Lakes, and A Contextual Comparison); 4. “Choices and Challenges in the Field” (Combatants, Noncombatants, Relief Workers, Third-Party Soldiers, Dilemmas and Principles); 5. “Politics of Humanitarian Intervention” (Relief Fuels War; Emergency Relief Creates Recipient Dependency; Relief Versus Protection; Short-Term Relief Versus Long-Term Development; Asylum, Temporary Refuge, Camps, and Safe Havens; and Africa: A Special Case); and 6. “Policies of Militarized Humanitarian Intervention” (The Decision to Intervene, Phases of Intervention, and Recent Trends in Militarized Humanitarian Intervention). 1721. Weiss, Thomas G.; Forsythe, David P.; and Coate, Roger A. (2001). The United Nations and Changing World Politics. Boulder, CO: Westview Press. 340 pp. This book (written by Weiss, Presidential Professor at The Graduate Center of the City University of New York; Forsythe, professor of Political Science at the University of Nebraska at Lincoln; and Coate, professor of Government and International studies at the University of South Carolina) is comprised of three parts and ten chapters: Part One: International Peace and Security (1.”The Theory of UN Collective Security”; 2. “The Reality of UN Security Efforts During the Cold War”; 3. “UN Security Operations After the Cold War”; and 4. “Groping into the Twenty-First Century”); Part Two: Human Rights and Humanitarian Affairs (5. “The United Nations, Human Rights, and Humanitarian Affairs: The Theory”; 6. “The United Nations and Applying Human Rights Standards”; and 7. “Change, The United Nations, and Human Rights”); and Part Three: Building Peace Through Sustainable Development (8. “Development and the United Nations: The First Three Decades”; 9. “Ecodevelopment and the United Nations,” and 10. “Sustainable Development and Human Security: Problem and Prospects for the 2000s”). 1722. Welsh, Jennifer M. (Ed.) (2004). Humanitarian Intervention and International Relations. New York: Oxford University Press. 220 pp. This book is comprised of the following parts and chapters: 1. “Introduction” by Jennifer M. Welsh; Part One: International Relations Theory and Humanitarian Intervention (2. “Limiting Sovereignty” by Henry Shue; 3. “The Humanitarian Responsibilities of Sovereignty: Explaining the Development of a New Norm of Military Intervention for Humanitarian Purposes in International Society” by Nicholas J. Wheeler; 4. “Taking
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Consequences Seriously: Objections to Humanitarian Intervention” by Jennifer M. Welsh); Part Two: The Politics and Practice of Humanitarian Intervention (5. “The United Nations and Humanitarian Intervention” by Sir Adam Roberts; 6. “Humanitarian Intervention in the Balkans” by Nicholas Morris; 7. “Humanitarian Intervention and International Society: Lessons from Africa” by James Mayall; 8. “International Intervention in East Timor” by Ian Martin; 9. “Humanitarian Intervention and Afghanistan” by Simon Chesterman; and 10. “Conclusion: Humanitarian after 11 September” by Jennifer M. Welsh). 1723. Wheatley, Steven (1999). “The NATO Action Against the Federal Republic of Yugoslavia: Humanitarian Intervention in the Post-Cold War Era.” Northern Ireland Legal Quarterly, 59(4):478–514. In this article, Wheatley, faculty of Law at the University of the West of England, examines the legality of the NATO intervention in Kosovo. In doing so, he discusses the following: the background to the humanitarian tragedy, the application of provisions on collective security under the Charter of the United Nations, and the extent to which the international community recognizes a right of intervention by military force to prevent massive human rights violations. The article is comprised of the following sections: Introduction; The Background to a Tragedy; The Use of Force to Prevent Humanitarian Suffering; The Security Council and Intervention to Prevent Humanitarian Suffering; Collective Intervention Under the Charter of the United Nations; Cases Concerning Legality of Use of Force; The Legality of the NATO Intervention; Humanitarian Intervention; Intervention to Prevent a Humanitarian Catastrophe; The Debates in the Security Council; The Practices of States; The ECOMOG Intervention in Liberia (1990–1991); The Allied Intervention in Iraq (1991–1992); The Criteria for Intervention on Humanitarian Grounds; Humanitarian Intervention and Self-Determination; The NATO Intervention in the Federal Republic of Yugoslavia: A Just War?; and Conclusion: The Legality of the NATO Intervention. 1724. Wheeler, Nicholas J. (2002). “Decision-making Rules and Procedures for Humanitarian Intervention.” The International Journal of Human Rights, Spring, 6(1):127–138. Herein, Wheeler contests Mohammed Ayoob’s position in the latter’s article entitled “Humanitarian Intervention and State Sovereignty (in The International Journal of Human Rights, Spring 6(1):81–102) (See Annotation # 1355.) More specifically, Wheeler argues that
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First, Ayoob’s criticism of the role played by the Security Council in authorizing intervention in the 1990s ignores the significant role it has played in legitimating what UN Secretary-General Kofi Annan called a “developing international norm” to protect civilians from slaughter. Second, his critique of NATO’s unilateralism over Kosovo fails to address the fundamental issue as to how states should react if there is a clash between the moral imperative to end mass slaughter and specific legal provisions of the UN Charter. . . . Finally, I will argue that Ayoob’s substantive principles for a legitimate humanitarian intervention are simply unrealistic, and that centralizing decision-making in the hands of a “Humanitarian Council” raises equally troubling issues of legitimacy to those that arise in relation to current institutional mechanisms. (pp. 127–128)
1725. Wheeler, Nicholas J. (2001). “Reflections on the Legality and Legitimacy of NATO’s Intervention in Kosovo,” pp. 145–163. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimension. London: Frank Cass Publishers. In this piece, Wheeler, senior lecturer in the Department of International Politics at the University of Wales, discusses whether NATO’s actions in Kosovo “represent a watershed in the development of a new norm of humanitarian intervention, and how far this is to be welcomed or feared in a society of states built on the principles of sovereignty, non-intervention and non-use of force” (pp. 145–146). The sections of the essay are entitled: The Contested Legality of Humanitarian Intervention, NATO’s Justification for Its Use of Force in Kosovo, A New Solidarist Norm of Humanitarian Intervention? and A Historical Watershed. 1726. Wheeler, Nicholas J. (2000). Saving Strangers: Humanitarian Intervention in International Society. Oxford: Oxford University Press. 336 pp. In this book, Wheeler examines seven cases of intervention—three in the 1970s (East Pakistan, Cambodia, and Uganda) one in the 1980s (Iraq), and three in the 1990s (Somalia, Rwanda, and the former Yugoslavia). While all of the interventions were compelled by humanitarian crises, he argues that it was only in the 1990s that a norm of humanitarian intervention began to come to the fore. In opposition to the perspective of that part of the international community that regards national sovereignty as inviolable, Wheeler argues that a concept of solidarity has emerged that combines order with (human rights-based) justice. This book is comprised of three parts and eight chapters: Part One: Theories of Intervention (1. “Humanitarian Intervention and International Society”)”; Part Two: Humanitarian Intervention (2. “India as Rescuer? Order versus
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Justice in the Bangladesh War of 1971”; 3. “Vietnam’s Intervention in Cambodia: The Triumph of Realism over Common Humanity”; 4. “Good or Bad Precedent? Tanzania’s’ Intervention in Uganda”); and Part III. Humanitarian Intervention After the Cold War (5. “A Solidarist Movement in International Society? The Case of Safe Havens and No-Fly Zones in Iraq”; 6. “From Famine Relief to ‘Humanitarian War’: The U.S. and UN Intervention in Somalia”; 7. “Global Bystander to Genocide: International Society and the Rwandan Genocide of 1994”; and 8. “The Limits of Humanitarian Intervention from the Air: The Cases of Bosnia and Kosovo”). 1727. Wheeler, Nicholas, and Dunne, Tim (2001). “East Timor and the New Humanitarian Interventionism.” International Affairs, October, 77(4):805– 827. In their abstract, Wheeler and Dunne, both of whom are senior lecturers in the Department of Politics at the University of Wales, write The fate of East Timor provides a barometer for how far the normative structure of international society has been transformed since the end of the Cold War. In 1975, the East Timorese were abandoned by a Western bloc that placed accommodating the Indonesian invasion of the island before the protection of human rights. Twenty-five years later, it was the protection of the civilian population on the island that loomed large in the calculations of these same states. Australia, which had sacrificed the rights of the people of East Timor on the altar of good relations with Indonesia, found itself leading an intervention that challenged the old certainties of its “Jakarta first” policy. The article charts the interplay of domestic and international factors that made this normative transformation possible. The authors examine the political and economic factors that led to the agreement in May 1999 between Portugal, Indonesia and the UN to hold a referendum on the future political status of East Timor. The second part of the article looks at how the outbreak of the violence in early September 1999 fundamentally changed [major] political assumptions. The authors argue that it became politically possible to employ coercion against Indonesian sovereignty in a context in which the Habibie government was viewed as having failed to exercise sovereignty with responsibility. By focusing on the economic and military sanctions employed by Western States, the pressures exerted by the international financial institutions and the intense diplomatic activity at the UN and in Jakarta, the authors show how Indonesian political and military leaders were prevailed upon to accept an international force. At the same time, Australian reporting of the atrocities and how this prompted the Howard government to an intervention that challenged traditional conceptions of Australia’s vital interests is considered. The conclusion reflects on how this case supports the claim that traditional notions of sovereignty are increasingly constrained by norms of humanitarian responsibility. (n.p.)
1728. Whitman, Jim (2001). “The Kosovo Refugee Crisis: NATO’s Humanitarianism versus Human Rights,” pp. 164–183. In Ken Booth (Ed.) The Kosovo
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Tragedy: The Human Rights Dimensions. London: Frank Cass Publishers. In his introduction, Whitman, who lectures in the Department of Peace Studies at Bradford University, states: The NATO intervention in Kosovo has been hailed in some quarters as a “victory”; as principled action in defense of human rights; and as a triumphant defense of the rights of refugees. The argument of this essay is that the unprecedented response to the Kosovo crisis was animated less by human rights principles than by a concern to contain the refugees within the region and to maintain political support for the military campaign against Serbia. NATO humanitarianism was an emergency response to an unanticipated refugee crisis of historic proportions in which the rights of the refugees themselves and the larger issue of human rights in Kosovo did not interfere with the strategic and political concerns of Western European states. The outcome of this functional separation of humanitarianism and human rights is driving post-war Kosovo toward a mono-ethnic composition; is likely to have undermined the international protection for refugees; and has reconfigured rather than reduced ethnic tension in the Balkans region. [In this essay,] I will argue that the prospect for the rights of refugees generally and for the peoples of the Balkans in particular has only been worsened by the NATO intervention. (p. 164)
1729. Williams, Michael C. (1998). “Civil-Military Relations and Peacekeeping.” Adelphi Paper 321. New York: Oxford University Press. 93 pp. In this monograph, Williams, senior consultant in the Office of the United Nations High Commissioner for Refugees (UNHCR), argues that peacekeeping operations in the 1990s were marked by insufficient military input at the strategic level, unclear mandates, and weak command and control by the UN. He also argues that in the field, whether under UN or NATO auspices, missions were hampered by the culture clash between civilians and the military, by poor coordination of civilian and military tasks, by inadequate military training to meet peacekeeping’s specific demands, and by differing approaches to human-rights issues and the media. Williams argues that steps must be taken to improve civil-military relations. Among the latter, he suggests, are increased military input in framing peacekeeping mandates, improved political guidance for commanders on the ground, and training to meet peacekeeping’s particular needs. He also argues that civil-military relations in peacekeeping require a continuing dialogue between the two sides to strengthen the effectiveness of international intervention and to minimize competition and conflict. 1730. Wimhurst, David (2002). “Preparing a Plebiscite Under Fire: The United Nations and Public Information in East Timor,” pp. 287–309. In Monroe E. Price and Mark Thompson (Eds.) Foreign Peace: Intervention, Human
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Rights and the Management of Media Space. Bloomington and Indianapolis: Indiana University Press. In his introduction, Wimhurst, a political affairs officer with the UN Department of Peacekeeping Operations, states that “A key element of information intervention has been the preparation of a population for a plebiscite or election that is designed to help resolve conflict. The Popular Consultation of 1999 in East Timor is one of the most dramatic examples of this process. In the space of about three months, from early June to the end of August, the United Nations Mission in East Timor (UNAMET) public information team, tasked with assisting in ensuring a fair process, produced more than 700,000 pieces of printed information, five hours of daily radio broadcasts and thirty minutes of daily television programming, all in four languages—English, Bahasa Indonesia, Portuguese, and Tetun” (p. 287). In this piece, Wimhurst describes the focus, implementation and results of the latter process. 1731. The Woodrow Wilson Center (Ed.) (1999). Kosovo & NATO: Impending Challenges. Washington, D.C.: Author. 47 pp. Included herein are talks that were presented at seminars held by the Eastern European Studies division at the Woodrow Wilson International Center for Scholars on the crisis in Kosovo and the subsequent actions taken by NATO. The titles of the pieces and their respective authors are: “Introduction: The Consequences of the War in Kosovo” by Martin Sletzinger; “NATO’s Calculation: No Alternative in the Former Yugoslavia” by James Gow; “The Kosovo Crisis: Lessons from Bosnia and the Fate of Southeastern Europe” by John Lampe; “U.S. Policy in the Balkans: Federation as an Exit” by Louis Sell; “What Lessons Does Bosnia Teach Us? Handling the Kosovo Crisis” by Paul Shoup; “How NATO and OSCE Should Implement Peace in Kosovo” by William H. Hill; “Serbia After the NATO Bombing: A Sense of Betrayal” by Obrad Kesic; “Cleansing Kosovo” by David Binder; “Kosovo: The International Dimension” by Louis Sell; “The Yugoslav Perspective: Kosovo and NATO’s Campaign” by Vladimir Matic; “Next Steps in Kosovo” by Steven Burg; and “The (Un)Making of Milosevic” by Louis Sell. It also includes two addenda: “Kosovo from the Albanian Perspective: The Impact of Regional Crises on Albania’s Transition to Democracy” by Ambassador Agim Nesho; and “Kosovo from a Bosnia Serb’s Perspective: The Impact of the Kosovo Crisis on Bosnia” by Djordje Slavnic. 1732. Woodward, Susan L. (1995). Balkan Tragedy: Chaos and Dissolution After the Cold War. Washington, D.C.: The Brookings Institution. 536 pp.
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In this book, Woodward, a senior fellow in the foreign policy studies program at the Brookings Institution and a former senior adviser to the UN in the former Yugoslavia, analyzes Yugoslavia’s collapse and the warfare that ensued upon the breakdown. She argues that Western action not only failed to prevent the spread of violence or to negotiate peace, but actually exacerbated the conflict. The eleven chapters that make up the book are: 1. “Introduction”; 2. “The Basis of Prewar Stability”; 3. “The Politics of Economic Reform and Global Integration”; 4. “Escalation”; 5. “Interrupted Democratization: The Path to War”; 6. “Western Intervention”; 7. “The Right to National SelfDetermination”; 8. “War: Building States from Nations”; 9. “Stopping the Bosnia War”; 10.” “The Dynamic of Disintegration and Nationalist War”; and 11. “Conclusion.” 1733. Woodward, Susan L. (1999). “Bosnia and Herzegovina: How Not to End Civil War,” pp. 73–115. In Barbara F. Walter and Jack Snyder (Eds.) Civil Wars, Insecurity, and Intervention. New York: Columbia University Press. In her introduction, Woodward notes the following in regard to the focus of her chapter: The Implementation Force (IFOR) was deployed on a twelve-month mandate, from December 20, 1995, to December 20, 1996. Convinced that peace was not yet self-sustaining, NATO powers then sent a second deployment, a Stabilization Force (SFOR) of thirty-five thousand for another eighteen months. But that to appeared insufficient by the fall of 1997, when military and civilian assessments were nearly unanimous that war would resume in Bosnia if the soldiers pulled out in June 1998, and NATO and American leaders decided that a third deployment would be necessary. It is therefore too soon to judge the role of third-party intervention in helping to bring a definitive end to the Bosnia war. What the Bosnia case does suggest, thus far, is that the framework of the security dilemma is useful, in understanding both the deterioration in relations that led to war and the difficulties in translating a cease-fire agreement into a lasting peace. It also suggests, however, that the willingness of outsiders to send in troops to help break the security dilemma by reestablishing a secure environment is not sufficient if the negotiated agreement itself does not address the security fears of the population and the structural conditions that can create a security dilemma. If the outsiders who assist in ending the parties’ civil war do not understand the security dilemma, or are unwilling to see it operating in the particular case, they can intensify the security dilemma and prolong the perceptions of vulnerability that inhibit cooperation. In part this lack of understanding can result from a misunderstanding of the difference between interstate and internal wars. Although useful analytically, the framework of the security dilemma cannot be transferred directly without refinements. (p. 74)
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The essay is comprised of the following sections: The Bosnian War; The Security Dilemma and Causes of War; The Settlement and the Security Dilemma (Military Demobilization, Territorial Sovereignty, and Authoritative Government); and A Closer Look at the Settlement (Continuing Uncertainty About the Political Future; Military Balance; and Ethnic Power Sharing, Top-Down Implementation, and Impatience). 1734. Woodward, Susan L. (1995). “Western Intervention,” pp. 146–198. In Susan Woodward’s Balkan Tragedy: Chaos and Dissolution After the Cold War. Washington, D.C.: The Brookings Institution. In her introduction, Woodward writes as follows: The interaction between Western intervention and the path of Yugoslav disintegration reinforced the lines of battle as they were drawn in March 1991, as well as the increasingly narrow space left for moderates, non-nationalists, and a democratic transition. Once Western powers began an explicit attempt of mediation in May 1991, they sped up this process by accepting the nationalists’ definition of the conflict, undermining or ignoring the forces working against radical nationalists and acting in ways that fulfilled the expectations and reinforced the suspicion of nationalist extremists—exactly the opposite of their stated goals of intervention. Yet this was no concerted policy. Western powers responded piecemeal, in terms of either domestic calculations and pressures or national interests in their foreign relations with countries they considered significant. The longer the fighting went on, the more involved they became, but they never stopped to alter their original reluctance, reduce their contradictory messages, recognize the rule they were playing in the conflict itself, or formulate a policy. (p. 147)
The chapter is comprised of the following sections: The End of the Cold War: Differentiation and Preoccupation; Enter Europe; Intervention and the Use of Force Doctrine: Redefining the Conflict; The War in Croatia: Military Intervention or Diplomatic Recognition; The Priority of Other Interests; and Prelude to Bosnian Tragedy. 1735. Wulf, Herbert (2006). Internationalizing and Privatizing War and Peace. New York: Palgrave Macmillan. 272 pp. As the outsourcing of military duties to the private sector increases, important security functions will slowly but surely fall out of the control of parliaments, national governments, and international authorities. Herein, Wulf discusses these and other matters that are likely to have profound ramifications for humanity across the globe. The book is comprised of the following parts and chapters: “Introduction: New Wars and the Bumpy Ride to Peace Building”; Part 1: Concepts (“Internationalizing Armed Forces and their Development”; “Privatizing
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Power: The ‘Lean’ State and the Armed Forces”); Part II: International Interventions and Privatizing Military Functions (“With the Highest Authority: UN-Peacekeeping Missions”; “South Africa: From Pariah to Regional Cop”; “European Union: Civil Power in Camouflage”; “Co-Operations, Competition and Collateral Damage in Humanitarian Interventions”; “Rent-A-Soldier: Privatization in the US and UK”; “Armed Forces”); and Part III. Conclusions (“Internationalizing and Privatizing War and Peace” and “Annex: Private Military Companies”). 1736. Zawels, Estanislao Angel; Stedman, Stephen John; Daniel, Donald C. F.; Cox, David; Boulden, Jane; Tanner, Fred; Potgieter, Jakkie; and Gamba, Virginia (1996). Managing Arms in Peace Processes: The Issues. New York: United Nations Publications. 234 pp. This report addresses major issues relating to demobilization, disarmament, and the control of weapons during UN peace operations—issues that have been deemed critical for the success or failure of such missions. The report is comprised of the following chapters: 1. “Specificity in Peacekeeping Operation Mandates: The Evolution of [UN] Security Council Methods of Work” by Estanislao Angel Zawels; 2. “Consent, Neutrality, and Impartiality in the Tower of Babel and on the Frontlines: United Nations Peacekeeping in the 1990’s” by Stephen John Stedman; 3. “Is There a Middle Option in Peace Support Operations? Implications for Crisis Containment and Disarmament” by Donald C. F. Daniel; 4. “Peacekeeping and Disarmament: Peace Agreements, Security Council Mandates, and the Disarmament Experience” by David Cox; 5. “Rules of Engagement, Force Structure and Composition in United Nations Disarmament Operations” by Jane Boulden; 6. “Consensual Versus Coercive Disarmament” by Fred Tanner; and 7. “Concluding Summary: Multinational Peace Operations and the Enforcement of Consensual Disarmament” by Virginia Gamba and Jakkie Potgieter.
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15 The UN and the Prevention and Intervention of Genocide A. Preventive Diplomacy B. Peacemaking C. Peacekeeping D. Peace Enforcement E. Peace-Building
A. Preventive Diplomacy 1737. Alger, Chadwick F. (Ed.) (1998). The Future of the United Nations System: Potential for the Twenty-First Century. Tokyo: United Nations University Press. 450 pp. Twenty-two scholars from across the globe contribute twelve chapters that address such issues as prevention of violence, creating economic and social structures that sustain human fulfillment, sharing and protecting the commons, and peace education. Included in the text are sixty-six recommendations for new institutions and programs on issues that include, among others, collaboration between UN peacekeepers and NGOs. The recommendations are brought together in a concluding chapter and summarized in an appendix. A key recommendation is the establishment of a UN Institute for Mediation and Dispute Resolution. Among some of the many notable contributors to this volume are: Chadwick F. Alger, Raimo Väyrynen, Robert C. Johansen, Elise Boulding, Jan Oberg, and Kumar Rupesinghe. 867
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1738. Boutros-Ghali, Boutros (1992). An Agenda for Peace. New York: United Nations. n. p. An Agenda for Peace, one of the major UN reports issued in the 1990s, resulted from a request made on January 31, 1991, by the UN Security Council that Secretary General Boutros Boutros-Ghali “prepare and circulate to the Members of the United Nations ‘an analysis and recommendations on ways of strengthening and making more efficient within the framework and provisions of the UN Charter the capacity of the United Nations for preventive diplomacy, peacemaking and peace-keeping.’” The first three parts of this report are germane to the issue of preventive diplomacy: I. “The Changing Context”; II. “Definitions”; and III. “Preventive Diplomacy” (Measures to Build Confidence; Fact-Finding; Early Warning; Preventive Deployment; Demilitarized Zones). 1739. Boutros-Ghali, Boutros (1995). Confronting New Challenges: Annual Report on the Work of the Organization, 1995. New York: United Nations Department of Public Information. 380 pp. This report is comprised of five parts (only those sections germane to the issue of genocide are noted herein): I. “Introduction”; II. “Coordinating a Comprehensive Strategy”; III. “The Foundations of Peace: Development, Humanitarian Action and Human Rights” (The Humanitarian Imperative, Protection and Resettlement of Refugees, Protection and Promotion of Human Rights); IV. “Expanding Preventive Diplomacy and Conflict Resolution” (Implementing an “Agenda for Peace”; Preventive Diplomacy and Peacemaking; Peacekeeping in a Changing Context; Current Activities in Preventive Diplomacy; Peacemaking and Peace-Keeping; and Post-Conflict Peace Building); and V. Conclusion. 1740. Bowen, Desmond (2000). “Something Must Be Done—Military Intervention.” Studies in Conflict and Terrorism. January-March, 23(1)1–19. In this essay, Bowen, who works at England’s Ministry of Defence, explores what he deems “the proper employment of military forces and personnel in peace operations undertaken or authorized by the UN” (p. 1). In doing so, he examines the nature of the military, the context of military intervention, the application of military intervention under the auspices of the UN, and various “tests”/parameters that should be met before military intervention is used. Among such tests and parameters are the following: “The international community’s objective has to be a political solution to the underlying problem that has given rise to the conflict or humanitarian disaster; Intervention by outside armed forces should not take place in the absence of a political process which will ultimately render the interven-
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tion force redundant; The military task to be undertaken has to be clearly defined, and carefully weighed; The success of the intervention must be ascertained; The physician’s precept of ‘do no harm’ must be heeded; The fact that military action is an instrument of politics must be understood; and There will be exceptions in the case of humanitarian disasters” (e.g., the perpetration of genocide) (pp. 15–18). 1741. Crocker, Chester A.; Hampson, Fen Osler; and Aall, Pamela (Eds.) (2005). Grasping the Nettle: Analyzing Cases of Intractable Conflict. Washington, D.C.: United States Institute of Peace Press. 410 pp. The contributors to Grasping the Nettle provide ample evidence that “unyielding conflicts” offer numerous and significant insights—not only about the sources of intractability but also about which facets of mediation and conflict management can be used to gain leverage, “when to engage and disengage, how to balance competing goals, and who to enlist to take on supporting roles.” The book is comprised, in part, of the following sections and chapters: 1. “Introduction: Mapping the Nettle Field” by Chester A. Crocker, Fen Osler Hampson, and Pamela Aall; Understanding Intractability (2. “Comparative Studies of Long Wars” by Roy Licklider; 3. “Analyzing Intractability” by I. William Zartman; 4. “Nature, Dynamics and Phases of Intractability” by Louis Kriesberg; 5. “Mediation in the Most Resistant Cases” by Jacob Bercovitch; 6. “Negotiating Intractable Conflicts: The Contributions of Unofficial Intermediaries” by Diana Chigas); Cases of Intractable Conflict (7. “Can Sudan Escape Its Intractability?” by J. Stephen Morrison and Alex de Waal; 8. “Intractability and Third-Party Mediation in the Balkans” by Steven L. Burg; and When Endless Conflicts End (16. “Conclusion: From Intractable to Tractable—the Outlook and Implications for Third Parties” by Crocker, Hampson, and Aall). 1742. Eliasson, Jan (2000). “Establishing Trust in the Healer: Preventive Diplomacy and the Future of the United Nations,” pp. 215–239. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Eliasson, the United Nations first under-secretarygeneral for Humanitarian Affairs, notes that This chapter begins with an examination of how the pattern of conflicts has changed in the post-Cold War period, and how these conflicts can involve the United Nations in all stages, from early warning, fact finding, the peaceful settlements of disputes and peacekeeping to action under Chapter VII of the UN Charter. Given the recognition that priority should be given to the earliest possible action, the chapter then discusses how and when preventive diplomacy
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is a practical possibility, and, in particular, the role of the United Nations in this context. The chapter considers how mistrust of the Organization—both due to its abilities and disabilities—can hinder its preventive work. Important issues to examine are related to the principles of national sovereignty and the impartiality of the United Nations. My conclusion is that the United Nations has an essential role in preventive diplomacy, by virtue of its mandate, legitimacy, and wide-ranging capabilities. By accepting and playing that role to the fullest extent, the United Nations will also gain the credibility needed to bring it out of its present crisis. (p. 215)
The chapter is comprised of the following sections and subsections: Steps to Prevent and Handle Post-Cold War Conflicts; Is Prevention Possible—and When?; The Role of the UN in Conflict Prevention; Can the Healer Be Trusted?; and Beyond the Crisis: A Program for Preventive Action (Carry Out Financial and Structural Reform, Define a Rational Division of Labor with Regional and Other Organizations, Work Together with NGOs and Civil Society, Address the Root Causes of Conflict, Integrate Disarmament into Preventive Action, Reform the Security Council, Strengthen the Capacity of the Secretariat in Preventive Diplomacy, Make Better Use of Article 99, Develop the Instruments for Peaceful Settlement of Disputes, Keep Open the Possibility of Preventive Deployment of Peacekeepers, Develop Concrete Preventive Tasks for the General Assembly, and Mobilize All of the UN System). 1743. Hampson, Fen Osler (2002). “Preventive Diplomacy at the United Nations and Beyond,” pp. 139–157. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. In this chapter, Hampson, professor of International Affairs at the Norm Paterson School of International Affairs at Carleton University (Canada), provides an overview of some of the key scholarly and policy literature that was published in the 1990s on preventive diplomacy. Hampson notes that the chapter also “identifies some of the key fault lines in the debate over the definition [of preventive diplomacy], the range of techniques available, and the utility/feasibility of preventive diplomacy. The possibilities for strengthening the role of the United Nations in preventive diplomacy are also considered, including various recommendations for institutional reform and operational effectiveness that are offered in the literature” (p. 139). 1744. Heje, Claus (1998). “United Nations Peacekeeping—An Introduction,” pp. 1–25. In Edward Moxon-Browne (Ed.) A Future for Peacekeeping? New York: St. Martin’s Press. In this chapter, the author delineates and discusses the principles of peacekeeping (consent, impartiality, the non-use of force, the issue of a mandate,
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a United Nations multinational deployment, the “willingness” of member states, the non-interference in the sovereignty of states); the conceptual framework of peacekeeping operations (preventive diplomacy, peacemaking, peacekeeping, post-conflict peace-building); issues of function and personnel; challenges to peacekeeping (the framework of peacekeeping operations, limits to peacekeeping, ripeness for intervention, the juxtaposition of military and civilian operations, organization and management of peacekeeping operations, impact on the contributing countries, impact on the recipients of peacekeeping, and preparation of the peacekeepers); and recent trends in United Nations peacekeeping. 1745. Knight, Andy W. (2005). Adapting the United Nations to a Post Modern Era: Lessons Learned. New York: Palgrave Macmillan. 272 pp. This volume addresses a host of issues in regard to revamping the UN in order to more effectively deal with such activities as the following: collective security, preventative diplomacy, preventative deployment, peacekeeping, peacemaking, peace maintenance, and international legal, environmental and trade regulation. The book is comprised, in part, of the following parts and chapters: Part I: Conceptualizing Change in the UN. “Introduction: Adapting the United Nations” by W. A. Knight; “Requirements of Multilateral Governance for Promoting Human Security in a Postmodern Era” by R. A. Coate, W. A. Knight and A. I. Maximenko; “Learning in the UN” by W. A. Knight; Part II: Adaptations of UN Primary Concepts and Instruments. “Collective Security: Changing Conceptions and Institutional Adaptation” by E. M. Smith; “Possibilities for Preventative Diplomacy, Early Warning and Global Monitoring in the Post Cold War Era, or the Limits to Global Structural Change” by M. G. Schechter; “The UN and Preventative Deployment in the Former Yugoslav Republic of Macedonia” by A. Williams; “Intervention and Peacebuilding in Somalia: Constraints and Possibilities” by W. A. Knight and K. Gebemariam; “International Criminal Law Enforcement” by J. Chopra. Part III: Cases. “UN Fact-finding in a Postmodern World: Potential for Arms Limitations and Confidence Building” by A. A. Latham; “The Neutralization of Protracted Conflicts: The Case of UNTAC” by S. Peou; “Pivots of Peace: UN Transnational Operation” by D. R. Black; “The UN and NATO’s War: The Fallout from Kosovo” by T. Keating; “Improving the Capacity of the UN Human Rights System” by D. L. Donoho; “Environmental Security: Finding the Balance” by C. Tinker; “Changing the Global Trade Structure: From ‘Harmonization’ to a New ‘Interface Principle’” by G. R. Martin; and “Rethinking Instead of Tinkering: An Ethical Consensus and General Lessons” by W. A. Knight and J. Masciulli.
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1746. Peck, Connie (1996). The United Nations as a Dispute Settlement System: Improving Mechanisms for the Prevention and Resolution of Conflict. Boston: Kluwer Law International. 301 pp. Peck discusses and examines the United Nations’ work in the area of dispute resolution, and makes suggestions regarding the reform and improvement of that role. In doing so, she presents a comprehensive review of the concept of preventive diplomacy—including obstacles to the effective practice of preventive diplomacy, various models proposed to overcome such obstacles, and how “the mobilization of diplomatic resources [have been used] to try and stop disputes from sliding across the threshold into armed conflict” (p. vii). 1747. Rikhye, Indar Jit (1992). Strengthening UN Peacekeeping: New Challenges and Proposals. Washington, D.C.: United States Institute of Peace. 48 pp. This report was written by a retired major general in the Indian Army who is also the former president of the International Peace Academy, which he founded in 1969. From the late 1950s through the early 1990s he worked in multilateral peacekeeping operations as a diplomat, soldier, and educator. He also served as a military adviser to UN Secretary-Generals Dag Hammarskjöld and U Thant, and in the early 1990s conducted special missions for the UN Secretary General in Rwanda and Burundi. Among the major recommendations Rikhye makes regarding the need for the UN to remedy multifaceted weaknesses that have plagued past peacekeeping operations are as follows: • Traditional practices of peacekeeping must be viewed as only one part of an all-encompassing process that includes not only observation and enforcement but also peacebuilding and peacemaking. Individual peacekeeping operations should be planned to complement other initiatives such as diplomacy and mediation, negotiation, promotion of reconciliation, border demarcation and maintenance, humanitarian assistance, and economic reconstruction. • The Security Council should devise and implement a program for preventive diplomacy that includes a preventive peacekeeping element. The creation of a special stand-by force, available to the Security Council and the Secretary-General for rapid deployment, should be seriously considered. The Secretary-General should receive better intelligence regarding potential hot spots and be given greater freedom to dispatch envoys and military observers to volatile areas. • The United Nations should give greater assistance, both diplomatic and material, to the peacekeeping efforts of regional organizations (pp. 1–3).
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1748. Rupesinghe, Kumar with Sanam Naraghi Anderlini (1998). Civil Wars, Civil Peace: An Introduction to Conflict Resolution. London: Pluto Press. 179 pp. This book by Kumar Rupesinghe (secretary of International Alert, a noted nongovernmental organization working in the area of conflict resolution) presents “a radical new approach” to conflict prevention, resolution, and diplomacy. In doing so, he provides an overview of conflict in the post-cold war world, covering such key topics as identifying and assessing early warnings of conflict, and the need to take early action; information gathering and analysis; and the need for preventive diplomacy. In particular, the role of nongovernmental organizations and other third party mediators in conflict resolution is considered. The following section of this book deals with the issue of preventive diplomacy: “The Diplomacy Continuum” (Pitched into a New Era—The UN’s Recent Developments; What Alternatives Exist?—Non State Actors; Basic Observations on Third Party Intervention; Burden-Sharing; Multi-Track Diplomacy; Third Party NGO Intervention—The Decision to Engage Complementary Initiatives Through Conflict Phases; Evaluations and Effectiveness). 1749. Secretary-General’s High-Level Panel on Threats, Challenges, and Change (2004). A More Secure World: Our Shared Responsibility: Report of the Secretary-General’s High-Level Panel on Threats, Challenges, and Change. New York: United Nations Department of Public Information. 129 pp. A section of this report is entitled “Preventive Diplomacy and Mediation.” B. Peacemaking 1750. Boutros-Ghali, Boutros (1992). An Agenda for Peace. New York: United Nations. n. p. An Agenda for Peace, one of the major UN reports issued in the 1990s, resulted from a request made on January 31, 1991, by the UN Security Council that Secretary General Boutros Boutros-Ghali “prepare and circulate to the Members of the United Nations ‘an analysis and recommendations on ways of strengthening and making more efficient within the framework and provisions of the UN Charter the capacity of the United Nations for preventive diplomacy, peacemaking and peace-keeping.’” Section IV of this major report is entitled “Peacemaking.” It addresses the following issues: The World Court, Amelioration Through Assistance,
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Sanctions and Special Economic Problems, Use of Military Force, Peaceenforcement Units). 1751. Boutros-Ghali, Boutros (1995). Confronting New Challenges: Annual Report on the Work of the Organization, 1995. New York: United Nations Department of Public Information. 380 pp. This report contains sections entitled “Preventive Diplomacy and Peacemaking,” and “Peacemaking and Peace-Keeping.” In regard to peacemaking, Boutros-Ghali writes as follows: The term “peacemaking,” as used by the United Nations, refers to the use of diplomatic means to persuade parties in conflict to cease hostilities and negotiate a peaceful settlement of their dispute. All the types of action that can be used for preventive purposes, such as diplomatic peace-keeping, humanitarian aid and peace-building, have their role in creating conditions for successful peacemaking, and implementing and consolidating the negotiated settlement for peace. The primary responsibility for preventive action and peacemaking rests with the Department of Political Affairs. . . . The Department was created in 1992 to consolidate the political work of the Secretariat in a single department. There is, however, a distinction to be made between the Department’s roles in these two fields. In the preventive field its role is to identify the action required, with execution being entrusted to the specialist department or other agency concerned. In the peacemaking field, its role generally includes execution as well. The Department of Political Affairs has five main responsibilities in support of preventive action and peacemaking. First, it must monitor, analyze and assess political developments throughout the world. Next, the Department identifies potential or actual conflicts in whose control and resolution the United Nations can play a useful role. It then prepares recommendations to the Secretary-General about appropriate actions in such cases. Fourth, the Department executes the approved policy when it is of a diplomatic nature. Finally, it assists the Secretary-General in carrying out political activities decided by him and/or mandated by the General Assembly and the Security Council in the areas of preventive diplomacy, peacemaking, peace-keeping and peace-building, including arms control and disarmament. (pp. 219–220)
1752. Darby, John, and MacGinty, Roger (Eds.) (2003). Contemporary Peacemaking Conflict, Violence and Peace Processes. New York: Palgrave. 336 pp. In Contemporary Peace Making, editors Darby (professor of comparative ethnic studies, Kroc Institute, University of Notre Dame) and MacGinty (lecturer, postwar reconstruction and development unit, University of York) draw on recent experience to identify and explore the essential components of peace processes. Each chapter examines a different element in recent peace processes. The collection is organized around five main themes:
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planning for peace during periods of violence, the process of negotiations (including pre-negotiation), the effects of violence on peace processes, peace accords—constitutional and political options, and securing the settlement and building the peace. The book is comprised of the following chapters: “Introduction: What Peace? What Process? Explaining the Conflict Potential of Ethnicity” by C. Young; “The Timing of Peace Initiatives” by I. W. Zartman; “Cultivating Peace” by J. P. Lederach; “New Contexts for Political Solutions” by J. Loughlin; “Negotiations and Peace Processes” by A. Guelke; “Rules and Procedures for Negotiated Peacemaking” by P. du Toit; “Mediation and the Ending of Conflict” by C. Mitchell; “The Role of News Media in Peace Negotiations” by G. Wolfsfeld; “Peace Processes and the Challenges of Violence” by S. Stedman; “Reframing the Spoiler Debate” by M. J. Zahar; “Disarmament and Demobilization” by V. Gamba; “Powersharing After Civil Wars” by T. Sisk; “Peace Accords and Ethnic Conflicts” by F. de Varennes; “Human Rights and Minority Protection” by C. Bell; “Democratic Validation” by B. Reilly; “Territorial Options” by Y. Ghai & A. Regan; and “From Peace to Democratization” by C. Arnson & D. Azpuru. 1753. Eliasson, Jan (1996). “Conflict and Development: Causes, Effects and Remedies,” pp. 347–353. In Luc van de Goor, Kumar Rupesinghe, and Paul Sciarone (Eds.) Between Development and Destruction: An Enquiry into the Causes of Conflict in Post-Colonial States. New York: St. Martin’s Press. Eliasson, who was permanent representative of Sweden to the United Nations in New York and under secretary-general for Humanitarian Affairs at the United Nations from 1992 to 1994, argues that while conventional wisdom regarding the relationship between conflict and development is that conflict undermines development, what should be examined more deeply is how development and humanitarian action can prevent or diminish conflict. In his essay, he goes on to discuss three key themes: the changing international environment, focusing partly on how such changes have impacted the United Nations; the relationship between peacekeeping, peacemaking and peace-building (in the form of humanitarian action and assistance); and the imperative of prevention. 1754. Heje, Claus (1998). “United Nations Peacekeeping—An Introduction,” pp. 1–25. In Edward Moxon-Browne (Ed.) A Future for Peacekeeping? New York: St. Martin’s Press. In this chapter, the author delineates and discusses the principles of peacekeeping (consent, impartiality, the non-use of force, the issue of a mandate, a United Nations multinational deployment, the “willingness” of member
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states, the non-interference in the sovereignty of states); the conceptual framework of peacekeeping operations (preventive diplomacy, peacemaking, peacekeeping, post-conflict peace-building); issues of function and personnel; challenges to peacekeeping (the framework of peacekeeping operations, limits to peacekeeping, ripeness for intervention, the juxtaposition of military and civilian operations, organization and management of peacekeeping operations, impact on the contributing countries, impact on the recipients of peacekeeping, and preparation of the peacekeepers); and recent trends in United Nations peacekeeping. 1755. Jones, Bruce D. (2001). Peacemaking in Rwanda: The Dynamics of Failure. Boulder, CO: Lynne Rienner Publishers. 208 pp. Jones, formerly an official at the UN’s office for the coordination of Humanitarian Affairs, “traces the individual and collective impact of both official and nonofficial mediation efforts, peacekeeping missions, and humanitarian aid to forestall genocidal violence in Rwanda in 1994 [and why such efforts] failed so miserably. Providing theoretical and empirical evidence, he [argues] that the failure of the peace process was not the result of a lack of effort, or even the weakness of any particular effort. Rather, [he argues], it was due to a combination of factors: the lack of connections among the various attempts at conflict resolution; the intransigence of the warring parties; the lack of a coherent strategy for managing spoilers in the peace process; and weak international support” (p. 1). The book is comprised of the following chapters: 1. “Introduction: The Rwandan Civil War in Context”; 2. “War and Genocide”; 3. “Early Peacemaking Efforts: Regional Prenegotiation”; 4 “The Arusha Negotiations: Mediation and Facilitation”; 5. “UN Peacekeeping and the Collapse of Arusha: Implementation Efforts”; 6. “Genocide, Crisis, and the Renewal of War: The Consequences of Failure”; and 7. “The Dynamics of Peacekeeping in Rwanda: Conclusions and Implications.” 1756. Knight, Andy W. (2005). Adapting the United Nations to a Post Modern Era Lessons Learned. New York: Palgrave Macmillan. 272 pp. See annotation # 1745. 1757. Mingst, Karen A., and Karns, Margaret P. (1995). The United Nations in the Post-Cold War Era. Oxford: Westview Press. 200 pp. The authors examine various world crises in the context of the UN’s historical evolution, including its experience with peacekeeping, peacemaking, and development sustainability. They also consider the role played by individual countries in the work of the UN.
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1758. Rikhye, Indar Jit (1992). Strengthening UN Peacekeeping: New Challenges and Proposals. Washington, D.C.: United States Institute of Peace. 48 pp. This report was written by a retired major general in the Indian Army who is also the former president of the International Peace Academy, which he founded in 1969. From the late 1950s through the early 1990s he worked in multilateral peacekeeping operations as a diplomat, soldier, and educator. He also served as a military adviser to UN Secretary-Generals Dag Hammarskjöld and U Thant, and in the early 1990s conducted special missions for the UN Secretary General in Rwanda and Burundi. Among the major recommendations Rikhye makes regarding the need for the UN to remedy multifaceted weaknesses that have plagued past peacekeeping operations are as follows: • Traditional practices of peacekeeping must be viewed as only one part of an all-encompassing process that includes not only observation and enforcement but also peacebuilding and peacemaking. Individual peacekeeping operations should be planned to complement other initiatives such as diplomacy and mediation, negotiation, promotion of reconciliation, border demarcation and maintenance, humanitarian assistance, and economic reconstruction. • The Security Council should devise and implement a program for preventive diplomacy that includes a preventive peacekeeping element. The creation of a special stand-by force, available to the Security Council and the Secretary-General for rapid deployment, should be seriously considered. The Secretary-General should receive better intelligence regarding potential hot spots and be given greater freedom to dispatch envoys and military observers to volatile areas. • UN peacekeeping forces often provide ad hoc humanitarian assistance, while UN relief agencies often require military protection. The United Nations should explore ways to intertwine these two functions more closely. The experience of the lightly armed, civilian UN Guard sent to protect Kurdish refugees in northern Iraq may provide useful pointers for future operations. • The United Nations should consider undertaking a variety of new roles to deter conflict and defuse tension, including the dispatch of forces to threatened borders, the verification of local and regional agreements, and the encouragement of confidence-building measures. • In order to eliminate the ambiguities in peacekeeping mandates, the Secretary-General’s authority to determine the objectives of peacekeeping operations should be strengthened. The Security Council must provide a mandate (mission statement) that can be easily translated into precise
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operational instructions, as well as adequate, financial, human, administrative, and materiel resources. • The United Nations should give greater assistance, both diplomatic and material, to the peacekeeping efforts of regional organizations. • Better training is required both for the troops that comprise UN peacekeeping forces and for UN administrators, especially the Secretariat staff assigned to manage operations. • The Security Council and the UN membership as a whole should give greater support for the Secretary-General to exercise effective overall management of peacekeeping operations through an integrated team able to provide political and military advice and administrative support (pp. 1–3). 1759. Ryan, Stephen (1992). “The United Nations and the Resolution of Ethnic Conflict,” pp. 105–135. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. This chapter is comprised of the following sections: Introduction; The Processes of Ethnic Conflict Resolution (Peacekeeping and the United Nations, Peace-Making and the United Nations, Peace-Building and the United Nations, Conflict Avoidance and the UN Protection of Ethnic Minorities); and Conclusion. At the outset of his essay, Ryan discusses various points of view in regard to whether the UN is likely to play an active role in ethnic conflict resolution. Among those who doubt that the UN can play a positive role assert that “despite its name, [the UN] is an organization of states, and is primarily concerned with relations between these sovereign entities. Since many states feel threatened by ethnic sentiments held by groups of their population, they have, it is claimed, a vested interest in keeping ethnic issues off the UN agenda. . . . A further reason for doubting that the UN can play an effective role is that since many, but by no means all, ethnic conflicts are fought within the borders of a single sovereign state, they can be characterized as being within the domestic jurisdiction of the state concerned. [Many believe] this effectively inhibits UN involvement because of Article 2(7) of the UN Charter” (p. 108). Ryan goes on to state that “what is really interesting about the role of the UN, however, given these limitations, is not how infrequently the organization has become involved in ethnic conflict but how much time the organization has in fact devoted to such issues” (p. 109). Ryan concludes by stating that “on the whole, the past record of the UN in responding to violent and protracted ethnic conflict is mixed. Where activities have been undertaken, they seem to have evolved in an ad hoc manner . . . ” (p. 129).
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Though this essay is dated (e.g., Ryan concludes by stating “No UN peacekeeping forces have been deployed to areas of severe ethnic conflict since . . . 1978” (p. 132)), it is still an essay worth reading. C. Peacekeeping 1760. Akashi, Yasushi (2001). “The Politics of UN Peacekeeping from Cambodia to Yugoslavia,” pp. 149–154. In Ramesh Thakur and Albrecht Schnabel (Eds.) United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. Tokyo: United Nations University Press. Akashi concludes this chapter by stating the following: In the author’s view, the United Nations is groping today for the “fourthgeneration” peacekeeping operation, which lies somewhere between the “second-generation” [ e.g., in which, at the end of the Cold War, the United Nations became a vital link between war and peace by establishing a transitional authority to fill a vacuum of political power] and “third-generation” peacekeeping operations [where the United Nations embarked on limited peace enforcement tasks]. Thought is being given to the nature of the “consent of the parties” required as well as to the realistic “rules of engagement.” For example, the UN Peacekeeping Operation in East Timor [1999–2001] has robust rules of engagement. The distinction and elaboration between strategic” and “tactical” consent of the parties is also important. Furthermore, the “minimum use of force for self-defense” may have to be prudently expanded to include the “defense of missions.” In a massive humanitarian tragedy and a large-scale violation of human rights, the principle of impartiality of the United Nations may have to be somewhat modified. (pp. 153– 154) 1761. Akashi, Yasushi (1995). “The Use of Force in a United Nations Peacekeeping Operation: Lessons Learnt from the Safe Areas Mandate.” Fordham International Journal, 19(1):312–323. At the outset of this essay, Akashi, special advisor to the United Nations secretary-general, states that As a result of the misconceptions and sometimes deliberate misrepresentations of UNPROFOR’s peace-keeping role, heated debate has arisen about the moral responsibility of UNPROFOR to end the war in Bosnia. This debate has focused on the use of force, over and above that required for the self-defense of a peace-keeping operation. The arguments for and against the use of force, in pursuit or as a part of a mandate, were in large part fueled by the creation, and subsequent failure, of the U.N. “safe areas” concept. (p. 314)
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1762. Aksu, Esref (2004). The United Nations, Intra-State Peacekeeping and Normative Change. Manchester: Manchester University Press. 256 pp. In this study, Aksu (professor of international politics at the University of Limerick, Ireland) explores “the normative dimension of the evolving role of the United Nations vis-à-vis peace, security and governance. In doing so, he looks at the UN through the window of one of its most contentious, yet least understood, practices: active involvement in intra-state conflicts as epitomized by UN peacekeeping. Drawing on the conceptual tools provided by the ‘historical structural’ approach, this study seeks to understand how and why the international community continuously reinterprets or redefines the UN’s role with regard to intra-state conflicts. The study concentrates on intra-states ‘peacekeeping environments,’ and examines what changes, if any, have occurred to the normative basis of UN peacekeeping in intra-state conflicts from the early 1960s to the early 1990s” (p. i). The book is comprised of the following chapters: “The UN and IntraState Conflict: Problematizing the Normative Connection”; “Rethinking the UN Through Intra-State Peacekeeping: The Analytical Framework”; “The UN’s Role in Historical Context: Impact of Structural Tensions and Thresholds”; UN Peacekeeping in Intra-State Conflicts: Evolution of the Normative Basis”; “The UN in the Congo Conflict: ONUC”; “The UN in the Cambodia Conflict: UNTAC”; and “Reflections on International Normative Change.” 1763. Alagappa, Muthiah, and Inoguchi, Takashi (Eds.) (2004). International Security Management and the United Nations: The United Nations System in the 21st Century. New York: Manas Publications. 489 pp. In this book, the editors, Muthiah Alagappa (senior fellow at the East West Center, Honolulu) and Takashi Inoguchi (professor at the University of Tokyo’s Institute of Oriental Culture), along with their contributors, address such questions as the following: “What kind of comparative advantage does the United Nations hold in the field of security compared to other states and regional organizations?”; “What kinds of assets does the United Nations have in terms of normative as well as operational capacities that states and regional arrangements lack?”; “What assets does the United Nations possess to effectively deal with security issues?”; “What are the security perspectives of the member states, and especially of the major powers?”; “What kinds of visions do states have for the United Nations in the field of security?”; “How can the United Nations minimize the volatility of member states and their reluctance to give support in the field of security?”; and “How is it possible to organize and secure a real and effective partnership between the United Nations and member states regarding conflict prevention and conflict management?”
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1764. Alger, Chadwick F. (Ed.) (1998). The Future of the United Nations System: Potential for the Twenty-First Century. Tokyo: United Nations University Press. 450 pp. Twenty-two scholars from across the globe contribute twelve chapters that address such issues as prevention of violence, creating economic, and social structures that sustain human fulfillment, sharing and protecting the commons and peace education. Included in the text are sixty-six recommendations for new institutions and programs on issues that include, among others, humanitarian intervention, collaboration between UN peacekeepers and NGOs, human rights, economic policies, and refugees. The recommendations are brought together in a concluding chapter and summarized in an appendix. Among the recommendations suggested are the following: a NGO Rapid Response Teams an Early Warning Information Service, enhancement of UN capacity for institutional memory, continuing education for UN staff, and wider participation of local governments and organizations in UN matters. Significantly, most of the recommendations do not require amendments to the UN Charter or to the treaties establishing the UN Specialized Agencies. 1765. Annan, Kofi A. (2000). “The Peacekeeping Prescription,” pp. 173–187. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. In his introduction, Secretary-General Annan, asserts that . . . when we speak here of the “peacekeeping prescription” or the “treatment” it entails, we must always be clear that, while we have one eye on the crisis of the moment we have the other on protecting the future and preventing the threat now posed against it from becoming a reality. Prevention is a great part of the goal of peacekeeping, and, in many instances, has constituted a large (and too often overlooked) part of its success . . . (p. 173) If we are to strengthen the international community, if we are effectively to confront the conflicts before us and those which await, if we are to prevent their spread, we need to understand three things as clearly as possible: the disease we are addressing, the treatment we are applying; and the changes to both of them which are occurring. It is to those points that I wish to turn here. (p. 174)
In the course of his discussion, Annan addresses the following issues: the civil strife and “ethnic conflict” in the former Yugoslavia in the 1990s, the genocide in Rwanda in 1994, UN peacekeeping missions, the U.N. Security Council, rapid response, and reforms needed at the UN to more effectively prevent and/or react to crises. 1766. Ashton, Barry (1997). “Making Peace Agreements Work: United Nations Experience in the Former Yugoslavia.” Cornell International Law Journal, 30(3):769–788.
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A former Deputy Commander of the United Nations Peace Forces in the Former Yugoslavia, Ashton addresses various aspects of the U.N. operation in the former Yugoslavia (UNPROFOR), and discusses the lessons that can be learned from the operation, especially those applicable to the politico-military level. The article is comprised of the following sections: I. Conditions for Success in Peacekeeping Operations; II. Testing the Conditions for Success: An Analysis of the United Nations Experience in the Former Yugoslavia (A. A Clear and Practicable Mandate; B. Consent: The Cooperation of Parties (1. Croatia; 2. Bosnia-Herzegovina); C. Freedom of Movement; D. Continuing Support of the Security Council; E. Adequate and Effective Forces (1. Adequate Troop Strength; 2. Rules of Engagement; 3. Reserves); F. Demilitarized Zones; G. Effective Command (1. Military Staff Committee; 2. A Single Command Authority); H. Intelligence (1. NATO); I. Financial and Logistic Support); and Conclusion. 1767. Badsey, Stephen (1997). “The Media and UN ‘Peacekeeping’ Since the Gulf War.” The Journal of Conflict Studies. Spring, 17(1):7–27. In his introduction, Badsey, senior lecturer in the Department of War Studies at the Royal Military Academy Sandhurst, argues as follows: The changes in United Nations (UN) “peacekeeping” operations within the last five years have been both dramatic and multifaceted. This article attempts to show that the media (particularly those of the United States, which are dominant within, and may under most circumstances, be taken as virtually identical to the international media) have in all their respects become and remain, critical elements in determining the success or failure of these operations. It points to three principal areas of current practice regarding the media which have contributed to the failure or partial failure of recent UN “peacekeeping” missions. One of these is a failure of understanding of the media exhibited by the government and military forces of the United States, the result of doctrine established before the end of the Cold War. Another is the failure of the UN or its constituent members to respond effectively to anti-peacekeeper propaganda, especially that promulgated by political authorities in the target countries for “peacekeeping,” and including their ability to exploit the international media for propaganda purposes. The third is the failure of the UN to develop “peacekeeping” doctrine which takes the value of the media into account. The article calls for advances in international relations theory in this field as an aid to further understanding. (p. 7)
1768. Barnett, Michael N. (2002). Eyewitness to a Genocide: The United Nations and Rwanda. Ithaca, NY: Cornell University Press. 215 pp. Barnett, professor of Political Science at the University of Wisconsin, Madison, presents a detailed, highly informative, and thought-provoking
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discussion about how and why the United Nations reacted the way it did to the events on the ground in Rwanda prior to and during the 1994 Rwandan genocide. Having served as a political officer at the U.S. Mission to the UN from 1993 to 1994 during which he handled issues related to Rwanda, he presents an unique and troubling perspective into the inner workings of the United Nations and its bureaucratic culture. His findings have profound ramifications vis-à-vis current and future efforts (or lack thereof) by the UN in the field of humanitarian diplomacy and humanitarian assistance during periods of potential and/or actual genocidal activity. 1769. Barnett, Michael N. (1998). “The Limits of Peacekeeping, Spheres of Influence, and the Future of the United Nations,” pp. 83–103. In Joseph Lepgold and Thomas G. Weiss (Eds.) Collective Conflict Management and Changing World Politics. Albany: State University of New York Press. In this essay, Barnett, associate professor of Political Science at the University of Wisconsin, Madison, “surveys the limits of peacekeeping and the dynamics that are creating the appearance of spheres of influence; examines the concept of spheres of influence; outlines why the more recent operations that have a prominent lead country suggest not the politics of domination but rather of delegation; and outlines some of the domestic, transnational, and global forces that are propelling major power (sic) to retreat from embracing spheres of influence and to rely on the United Nations” (p. 84). One of the cases examined, though very succinctly, is that of the 1994 genocide in Rwanda. 1770. Barnett, Michael N. (1996). “The Politics of Indifference at the United Nations and Genocide in Rwanda and Burundi,” pp. 128–162. In Thomas Cushman and Stejepan G. Mestrovic (Eds.) This Time We Knew: Western Responses to Genocide in Bosnia. New York: New York University Press. This thought-provoking essay states, in part, that the reason the United Nations did little to nothing to prevent the 1994 genocide in Rwanda was due to the fact that its member states did not care enough to act—either because they assumed their own citizens didn’t care about the situation and/or the belief that the effort to stop the genocide was not worth the attempt—especially in regard to the risk faced by their military personnel. But, he further argues, that that is only part of the story. The other part is that the UN’s indifferent response was “shaped and filtered through the organizational culture and bureaucratic interests of the United Nations. . . . [Put another way] from the UN’s perspective, the United Nations had more to lose by taking action and being associated with another failure (e.g., along the lines of Somalia) than it did by not taking action and allowing the genocide in Rwanda to take its course. The choice was straightforward:
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genocide was acceptable if the alternative would harm the United Nations’ future. [In other words,] the bureaucratization of peacekeeping contributed to the indifference to the suffering of the very people that it was mandated to assist” (pp. 129, 130). Concluding his essay, Barnett perspicaciously asserts that . . . an assumption of the search for early warning indicators and the proposal for a UN standing army for preventive deployment suggest that knowledge brings action. There is an unwritten belief that with knowledge the international community will act. Yet it was not the lack of knowledge that halted action in either Bosnia or Rwanda—it was politics. In both cases, states and UN officials knew of but chose to ignore the war crimes that were being committed. In both cases UN Forces were on the ground and were eyewitnesses to acts of ethnic cleansing and genocide, and in both cases the rules of engagement prevented UN forces from coming to the active aid of civilians. More technologies and capabilities are no elixir and no substitute for a politics of engagement (italics added). [W]here the professionalization of peacekeeping was absolutely necessary if peacekeeping was to have a future, this professionalization produced bureaucratization and with bureaucratization individuals come to have a stake in and identify with the bureaucracy, begin to evaluate strategies and actions according to the needs of the bureaucracy and, accordingly, begin to frame discussions and justify policies through a different mentality. (pp. 156–157)
1771. Bellamy, Alex J., Williams, Paul, and Griffin, Stuart (2004). Understanding Peacekeeping. Cambridge: Polity. 325 pp. This book is comprised of the following parts and chapters: Part 1: Concepts and Issues (1. “Peacekeeping in Global Politics”; 2. “Who Are the Peacekeepers?”); Part 2: Historical Development (3. “The Early Peacekeepers”; 4. “Peacekeeping After the Cold War”); Part 3: Types of Peacekeeping (5. “Traditional Peacekeeping”; 6. “Managing Transition”; 7. “Wider Peacekeeping”; 8. “Peace Enforcement”; 9. “Peace-Support Operations”); and Part 4: Contemporary Challenges (10. “Globalization”; 11. “Subcontracting”; 12. “Transitional Administrations”; and 13. “Preventing Violent Conflict”). 1772. Berdal, Mats R. (1993). “Whither UN Peacekeeping? An Analysis of the Changing Military Requirements of UN Peacekeeping with Proposals for Its Enhancement.” Adelphi Paper 381, October. London: Brassey’s Ltd. for the International Institute for Strategic Studies. 88 pp. This monograph, written by a research associate at the International Institute for Strategic Studies, is comprised of three main parts: chapter I. “The Changing Nature of UN Peacekeeping”; chapter II. “The Challenges of Contemporary Peacekeeping”; and chapter III. “Enhancing UN Peacekeeping Operations.”
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Key sections of chapter III, “Enhancing UN Peacekeeping Operations,” include the following: Reform of the [UN] Secretariat Structure; Stand-by Forces and the Pre-Stocking of Equipment (Permanent versus Stand-By Forces); UN Information-Gathering and Processing; UN Cooperation with Regional Organizations in Peacekeeping; NATO-NACC [North Atlantic Cooperation Council] Peacekeeping in Support of the UN; and Limits and Possibilities of NATO-NACC Support. 1773. Biermann, Wolfgang, and Vadset, Martin (Eds.) (1998). UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia—Peacekeepers’ Views on the Limits and Possibilities of the United Nations in Civil War-like Conflict. Aldershot, UK: Ashgate. 378 pp. This book is a record—both statistical analysis and personal accounts—of lessons learned regarding the lengthy and complex UN peacekeeping operations carried out in the former Yugoslavia during the 1990s. The book is comprised of the following: Part One: Introduction (1. “About this Book” by Hakan Wiberg; 2. “From Stoltenberg-Owen to Dayton: An Interview with Thorvald Stoltenberg”; 3. “Setting the Scene” by Wolfgang Biermann and Martin Vadset); Part Two: Field Experiences, Perceptions, Recommendations (4. “From UNPROFOR to UNPF” by Wolfgang Biermann and Martin Vadset; 5. “From UNPF to IFOR” by Wolfgang Biermann and Martin Vadset; 6. “Lessons Learned in the Field” by Wolfgang Biermann and Ole Frederik Ugland); Part Three: Military and Diplomatic Views (7. “Managing United Nations Peacekeeping” by Yasushi Akashi; 8. “Principles to be Observed” by Betrand de Lapresle; 9. “Military Aspects of Peacekeeping” by Sir Michael Rose; 10. “Start and End of Srebrenica” by Lars-Eric Wahlgren; 11. “UNHCR in the Balkans” by Sadako Ogata; 12. “The Incalculable Dynamic of Using Force” by John M. Sanderson; 13. “Developing the Peace in Central Bosnia—1994” by Andrew Ridgway; 14. “Preventive Peacekeeping as a Model for the Prevention of War” by Howard F. Kuenning; 15. “UN Media Policy” by Jan-Dirk von Merveldt; 16. “International Humanitarian Law, Protected Zones and the Use of Force” by Jean-Philippe Lavoyer; 17. “The Situation in UN HQ” by Cees van Egmond; 18. “UN Peacekeeping and New Challenges in a New World” by Hanns-Hoekkerup; 19. “Lessons Learned from the OSCE” by Max Van der Stoel; 20. “Experiences from UNPROFOR-UNCIVPOL” by Halvor A. Hartz; 21. “UN Military Observers’ Role in De-escalation of Local Conflict” by Søren Bo Husum; 22. “Peacekeepers Facing Horrors of Civil War-like Conflict” by Sten Martini); and Part Four: Conclusions (23. “After Dayton” by Wolfgang Biermann and Martin Vadset). 1774. Boutros-Ghali, Boutros (1992). An Agenda for Peace. New York: United Nations. n. p.
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An Agenda for Peace, one of the major UN reports issued in the 1990s, resulted from a request made on January 31, 1991, by the UN Security Council that Secretary General Boutros Boutros-Ghali “prepare and circulate to the Members of the United Nations ‘an analysis and recommendations on ways of strengthening and making more efficient within the framework and provisions of the UN Charter the capacity of the United Nations for preventive diplomacy, peacemaking and peace-keeping.’” The report is comprised of the following sections: I. “The Changing Context”; II. “Definitions”; III. “Preventive Diplomacy” (Measures to Build Confidence; Fact-Finding; Early Warning; Preventive Deployment; Demilitarized Zones); IV. “Peacemaking” (The World Court, Amelioration Through Assistance, Sanctions and Special Economic Problems, Use of Military Force, Peace-enforcement Units); V. “Peace-Keeping” (Increasing Demands, New Departures in Peace-Keeping, Personnel, Logistics); VI. “Post-Conflict Peace-Building”; VII. “Cooperation with Regional Arrangements and Organizations”; VIII. “Safety of Personnel”; IX. “Financing”; and X. “An Agenda for Peace.” 1775. Boutros-Ghali, Boutros (1995). Confronting New Challenges: Annual Report on the Work of the Organization, 1995. New York: United Nations Department of Public Information. 380 pp. This report is comprised of five parts (only those sections germane to the issue of genocide are noted herein): I. “Introduction”; II. “Coordinating a Comprehensive Strategy”; III. “The Foundations of Peace: Development, Humanitarian Action and Human Rights” (The Humanitarian Imperative, Protection and Resettlement of Refugees, Protection and Promotion of Human Rights); IV. “Expanding Preventive Diplomacy and Conflict Resolution” (Implementing an “Agenda for Peace”; Preventive Diplomacy and Peacemaking; Peacekeeping in a Changing Context; Current Activities in Preventive Diplomacy; Peacemaking and Peace-Keeping; and Post-Conflict Peace Building); and V. Conclusion. 1776. Callaghan, Jean, and Schönborn, Mathias (Eds.) (2004). Warriors in Peacekeeping: Points of Tension in Complex Cultural Encounters:—A Comparative Study Based on Experiences in Bosnia. New Brunswick, NJ: Transaction Publishers. 472 pp. This book’s aim is “to make a contribution to broadening and deepening understanding of the complex range of relations in modern peacekeeping operations, including interactions between national contingents and their respective chains of command and their relations with other contingents in the field, as well as with regional authorities, scores of non-governmental organizations, and the media.” Its findings help to identify “points of ten-
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sion” in peacekeeping operations in Bosnia-Herzegovina, “where contingents from more than 35 countries had to cooperate, each of which had its own and different constitutional, legal, cultural, social, and economic preconditions. The book provides both descriptive and analytical insights based upon these experiences.” The book is comprised of the following: I. Conceptual Framework (1. “Military Culture and Strategic Peacekeeping” by Christopher Dandeker and James Gow); II. Country Case Studies—II.1 Middle Powers: Experienced Peacekeepers (2. “Peacekeeping in Bosnia-Herzegovina—The Austrian Experience: A Case Study” by Franz Kernic; 3. “Canadian Warriors in Peacekeeping” by Donna Winslow; 4. “Danish Senior Officers’ Experiences from IFOR/SFOR” by Henning Sørensen; 5. “Irish Defense Forces in the Balkans” by Jean Callaghan; 6. “Dutch Experiences with International Military Operations in Bosnia-Herzegovina” by Hans Born, Tessa Op Den Buijs, and Ad Vogelaar; 7. “From a Blue Beret to a Green Helmet: The Backpack of Swedish Peacekeepers Serving with the UN and NATO in Bosnia-Herzegovina” by Eva Johansson); II.2. Old NATO Members (8. “France as Peacekeeper in Bosnia-Herzegovina” by Bernard Boëne; 9. “The United States in Bosnia-Herzegovina: Points of Tension and Learning for the U.S. Military” by John Garofano); II.3. Countries New to Peacekeeping (10. “Czech Soldiers in Peacekeeping Operations in the Former Yugoslavia” by Stefan Sarvas and Marie Vlachová; 11. “Building a New Face: Hungary’s Role in Peace Missions” by Laszlo Szabo); II.3.1. Non-NATO Members (12. “The Case of Bulgaria” by Valery Ratchev and Yantsislav Yanakiev; 13. “Peacekeeping in a Neighboring Country: The Romanian Experience in Bosnia-Herzegovina” by Ionel Nicu Sava; 14. “Russian Peacekeeping in the Former Yugoslavia: Political Tensions Around Military Cooperation” by Alexander I. Nikitin; 15. “Ukrainian Participation in Peacekeeping: The Yugoslavian Experience” by Volodymyr Chumak and Alexandr Razumtsev); III. Lessons Learned from Multinational Intercultural Peacekeeping in Bosnia-Herzegovia (16. “Warriors in Peacekeeping: An Overview of Themes and Issues” by Bernard Boëne, Jean Callaghan, and Christopher Dandeker); and Appendix (“Major Issues and Guiding Questions for Country Studies). 1777. Chilton, Patricia, Nassaver, Otfried, Plesch, Dan, and Patten, Jamie (1994). NATO, Peacekeeping, and the United Nations. London: British American Security Information Council. 60 pp., plus 13 pages of appendices. A highly critical examination of post-cold war peacekeeping efforts. In the executive summary, the authors write as follows: The United Nations, NATO, the Conference on Security and Cooperation in
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Europe (CSCE), the Western European Union, and their member states are all competing for influence over peacekeeping activity. Peacekeeping was originally intended to be a service to the international community as a means of maintaining peace. Since the end of the Cold War, peacekeeping has increasingly become applied to the traditional military and political policies of nation states. Peacekeeping itself is becoming as much a source of instability as it is an attractive new label of old-style intervention. [M]ore paradoxically, the new peacekeeping order seems to be leading to a growing unwillingness to intervene effectively, in instances where an impartial military presence could make a difference to the fate of countless innocent civilians. The competition between “interblocking” institutions and the devaluing of peacekeeping by leading nations have, in many cases, multiplied the problems faced by individuals attempting to help, and those simply trying to survive [various] traged[ies]. . . . NATO, the U.S. and other leading nations seem to have returned to the idea that traditional coalitions and alliances are more trustworthy than collective security. The lessons of the century which led to the foundation of the UN may be abandoned by default. This report explains the mechanics of how the struggle for power and influence in the realm of peacekeeping is taking place. Chapters two, three and four explain the development of political-military policies on peacekeeping by the UN, NATO, the North Atlantic Cooperation Council and leading nations (United States, United Kingdom, France and Russia). The evaluation is based on primary sources which until now have not been available to the public. Chapters five and six analyze the command, control and intelligence policies of peace operations. These policies are the most crucial levers for transmitting political intentions into military action, thereby ensuring that operations are carried out on behalf of a particular interest. Chapter seven looks at some of the consequences that the struggle for jurisdiction over peacekeeping missions may have for the UN. (pp. i–ii)
1778. Chopra, Jarat (1999). Peace-Maintenance: The Evolution of International Political Authority. New York: Routledge. 261 pp. In this book, the director of the International Relations Program at Brown University (and the individual who developed the concept and coined the term “peace maintenance”) examines the controversial concept of peace maintenance that has evolved out of diplomatic peacekeeping and military peace-enforcement. In doing so, Chopra also delineates the limitations of traditional peacekeeping principles, and traces the evolution of the political, administrative, and legal and judicial ingredients of international authority. 1779. Dallaire, Roméo (1995). “The Rwandan Experience,” pp. 14–25. In Alex Morrison (Ed.) The New Peacekeeping Partnership. Clementspott, Nova Scotia: The Lester B. Pearson Canadian International Peacekeeping Training Centre.
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This is a must read for all of those interested in the issues pertaining to the intervention and prevention of genocide, for the author—Major-General Dallaire, deputy commander of the Canadian Army and the former commander of the UN Mission in Rwanda (UNAMIR)—knows that of which he speaks. Having witnessed first-hand both the 1994 genocide in Rwanda and the impotence of the international community in addressing the outbreak of violence, his insights regarding peace operations and the reforms needed at the UN in order to be able to address such situations as ethnic violence and genocide in a timely and effective manner are worthy of serious consideration. The essay is comprised of the following headings: The International Community; UN Peace Support Operation: UNAMIR; Reaction by the International Community; The Need to Reform the UN; UN Reform Options (a. A UN Multi-Disciplinary Senior Crisis Management Cell, b. Reform of the UN Administration/Logistics System; c. A UN Contingency Fund; d. UN Standby Military Forces and Equipment; e. A UN Umbrella Humanitarian Agency; f. A UN International Media Element; g. A UN Information (Intelligence) Capability, and h. UN Intervention for Humanitarian Reasons). 1780. Dallaire, Roméo (2005). Shake Hands With the Devil: The Failure of Humanity in Rwanda. New York: Carroll and Graf Publishers 562 pp. In this book, Lt. General Dallaire, who served as the UN force commander of the UN assistance mission for Rwanda prior to during and following the 1994 genocide, provides a detailed and harrowing view of the unfolding of the Rwandan genocide. In doing so, he not only castigates the Hutu perpetrators of the genocide, but the leaders of the Hutus and the Tutsis for their actions and inactions, as well as the United Nations for its inept decisions and actions and unconscionable lack of action. A host of countries, including the United States, France, and Belgium, are also taken to task. 1781. Diehl, Paul F. (1998). “Peacekeeping in Somalia, Cambodia, and the Former Yugoslavia,” pp. 152–173. In Roger E. Kanet (Ed.) Resolving Regional Conflicts. Urbana: University of Illinois Press. In this essay, Diehl, professor of Political Science at the University of Illinois at Urbana-Champaign, evaluates the success of UN peacekeeping operations in three of the most prominent operations of the early 1990s: the United Nations Transitional Authority in Cambodia (UNTAC), the United Nations Operation in Somalia (UNOSOM I and II), and the United Nations Protection Force in the former Yugoslavia (UNPROFOR). In his introduction, Diehl makes the following assertions and observations:
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These three operations are good tests of the United Nations in the new world order because they reflect different situations, and involve a variety of tasks for the peacekeeping forces, including some nontraditional roles. In that sense they can be considered “second-generation multinational forces.” The Cambodian operation occurred following a peace agreement among all relevant parties. In contrast, deployment of UN peacekeeping forces in the former Yugoslavia took place during an internationalized civil war, with only periodic (and other fleeting) cease-fire arrangements. Finally, UNOSOM faced a situation in which no host state government existed, and it may provide lessons for future UN intervention in “failed states.” (pp. 153–154)
In his conclusion, Diehl states that Although these three cases may not be indicative of peacekeeping in the twentyfirst century, they do suggest that peacekeeping operations will not necessarily be more effective in the post-Cold War era than they were in the previous forty-five years. . . . Peacekeeping operations are also not a suitable substitute for fully developed enforcement operations. They may be politically substitutable, given the reluctance of UN members to authorize enforcement actions, but practically they cannot achieve the same goals. The peacekeeping strategy will be a viable one in many contexts, but the early failure of the post-Cold War era suggests that the United Nations must construct new mechanisms to meet its challenges, much as the peacekeeping strategy was born in response to new challenges and realities in the face of superpower rivalry. (p. 172)
1782. Diehl, Paul F. (Ed.) (1997). The Politics of Global Governance: International Organizations in an Interdependent World. Boulder, CO: Lynne Rienner Publishers. 421 pp. The chapters in this book directly related to UN peacekeeping operations are: “The Role of the U.N. Secretary-General” by Javier Pérez de Cuéllar; “Representing the World: A Security Council for the 21st Century” by Peter Wallensteen; “The Conditions for Success in Peacekeeping Operations” by Paul F. Diehl; “Second Generation Multinational Operations” by John Mackinlay and Jarat Chopra; “NGOs and the U.N. System in Complex Humanitarian Emergencies: Conflict or Cooperation” by Andrew S. Natsios; “Empowering the United Nations” by Boutros Boutros-Ghali; and “The Limits of International Organizations: Systematic Failure in the Management of International Relations” by Giulio M. Gallarotti. 1783. Docking, Tim (2001). Peacekeeping in Africa. Washington, D.C.: United States Institute of Peace. 11 pp. This report presents the major questions and themes addressed during the United States Institute of Peace Conference, “The United Nations, The United States, and Peacekeeping Operations: Africa,” which was held during the fall of 2000. The conference was organized by the Institute’s Research
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and Studies Program as a one-day forum for leading policy makers, diplomats, and academics to discuss the Report of the Panel on United Nations Peace Operations (known as the Brahimi Report). “This special report synthesizes the presentations and discussions from the conference with the major themes conferred in the Brahimi Report. The report then places the most salient points raised at the conference in the broader context of peacekeeping activities in Africa” (p. 1). This Special Report is comprised of the following components: “Introduction”; The Brahimi Report; “Expert Analysis of the Brahimi Report”; “Shortcomings of Brahimi”; “The Changing Nature of U.N. Peacekeeping Operations”; “The Rationale of Brahimi”; “The Current State of Affairs in Sub-Saharan Africa”; “Current Peacekeeping Operations in Africa”; “U.S. Policy Toward Africa”; and “Conclusion.” While the Brahimi Report represents the first systematic and comprehensive effort to identify and address key problems within the United Nations’ Department of Peacekeeping Operations, it does not address one of the most serious problems facing contemporary peacekeeping missions—that of a lack of international political will. 1784. Donnelly, Jack (1995). “The Past, the Present, and the Future Prospects,” pp. 48–71. In Milton J. Esman and Shibley Telhami (Eds.) International Organizations and Ethnic Conflict. Ithaca, NY: Cornell University Press. Donnelly, professor of Political Science at the University of Denver, addresses issues regarding the evolving role of international organizations in ethnic conflict, the relative power such organizations have in comparison to the individual power of member states in the United Nations, the changing norms of international organizations, and how local actors involved in ethnic conflict view international organizations. The chapter is comprised of the following sections: A Typology of IO Involvement; The United Nations and Human Rights During the Cold War; Decolonization, Peace-Keeping, and Humanitarian Assistance, and IOs; and Ethnic Conflict After the Cold War. 1785. Durch, William (Ed.) (1996). UN Peacekeeping, American Politics, and the Uncivil Wars of the 1990s. New York: St. Martin’s Press. 502 pp. This volume is a result of the third peacekeeping project undertaken by the Henry L. Stimpson Center. (The first one resulted in the 1992 Keeping the Peace: The United Nations in the Emerging World Order and the 1993 The Evolution of UN Peacekeeping: Case Studies and Comparative Analysis, and the second one resulted in the 1994 Training for Peacekeeping: The United Nation’s Role.) The third project addressed peacekeeping and U.S.
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foreign policy, particularly the ways in which U.S. policy, action, and inaction impacted the planning and implementation of peacekeeping and related operations since the end of the cold war. The chapters germane to the intervention and prevention of genocide are: chapter 1. “Keeping the Peace: Politics and Lessons of the 1990s” by William J. Durch; chapter 2. “Knowing When to Say No: The Development of US Policy for Peacekeeping” by Ivo H. Daalder; chapter 5. “Riding the Tiger: The United Nations and Cambodia’s Struggle for Peace” by James A. Schear; chapter 6. “Faultlines: UN Operations in the Former Yugoslavia” by William J. Durch and James A. Schear; and chapter 9. “The Politics of Genocide: Peacekeeping and Disaster Relief in Rwanda” by J. Matthew Vaccaro. 1786. Durch, William J., and Schear, James A. (1996). “Faultlines: UN Operations in the Former Yugoslavia,” pp. 193–274. In William J. Durch (Ed.) UN Peacekeeping, American Politics, and the Uncivil Wars of the 1990s. New York: St. Martin’s Press. This is an extremely detailed examination of the conduct and impact of the United Nation’s field operations in the former Yugoslavia between 1992 and 1995. Initially, the authors provide an overview of the origins of the conflict and the role played by outside states and organizations at different stages. They then examine the planning and implementation of the UN-led efforts in Croatia and Bosnia, and how the operations evolved over time in response to various and on-going crises. They conclude by offering a general assessment of the mission’s effectiveness and offer comments on what the operational experience in the former Yugoslavia may imply for the future of UN peace operations. 1787. Dziedzic, Michael, and Wood, William B. (2000). Kosovo Brief: Information Management Offers a New Opportunity for Cooperation Between Civilian and Military Entities (Virtual Diplomacy Series). Washington, D.C.: United States Institute of Peace. 6 pp. In this short but informative piece, Dziedzic (colonel, U.S. Air Force and Senior Military Fellow at the National Defense University) and Wood (director, office of the geographer and global issues, Bureau of Intelligence and Research, U.S. Department of State) discuss innovations in computerbased information management which, they argue, have created a valuable opportunity for more effective cooperation between civilian groups and the military engaged in peace missions and/or humanitarian relief operations. This piece is comprised of the following sections: Sharing Geographic Information; Phase One: Development of a Prototype; Phase Two: The HCIC
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[Humanitarian Community Information Center]; Phase Three: Coordination of KFOR [the Multinational Kosovo Force], U.N., O.S.C.E. [Organization of Security and Cooperation in Europe] and European Union (EU) Activity in the Field; Phase Four: Institutionalizing Information Sharing; and, Lessons Learned from Kosovo. 1788. Eliasson, Jan (1996). “Conflict and Development: Causes, Effects and Remedies,” pp. 347–353. In Luc van de Goor, Kumar Rupesinghe, and Paul Sciarone (Eds.) Between Development and Destruction: An Enquiry into the Causes of Conflict in Post-Colonial States. New York: St. Martin’s Press. Eliasson, who was permanent representative of Sweden to the United Nations in New York and under secretary-general for Humanitarian Affairs at the United Nations from 1992 to 1994, argues that while conventional wisdom regarding the relationship between conflict and development is that conflict undermines development, what should be examined more deeply is how development and humanitarian action can prevent or diminish conflict. In his essay, he goes on to discuss three key themes: the changing international environment, focusing partly on how such changes have impacted the United Nations; the relationship between peacekeeping, peacemaking and peace-building (in the form of humanitarian action and assistance); and the imperative of prevention. 1789. Eliasson, Jan (2000). “Establishing Trust in the Healer: Preventive Diplomacy and the Future of the United Nations,” pp. 215–239. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. See annotation # 1742. 1790. Fisas, Vicenc (1995). Blue Geopolitics: The United Nations Reform and the Future of Blue Helmets. East Haven, CT and London: Pluto Press with Transnational Institute. 184 pp. Written by a disarmament researcher at the UNESCO Centre of Catalonia, the author examines ways in which the United Nations could be reformed in order to be more effective in the areas of conflict prevention, humanitarian intervention, and peacekeeping. He also examines the issue of the use of force by the United Nations. For each issue he addresses, he presents a series of proposals for reform. 1791. Gareis, Sven, and Varwick, Johannes (2005). The United Nations. London: Palgrave Macmillan. 288 pp. In this book, Gareis (research director at the Bundeswehr Institute of Social Sciences, Strausberg, Germany) and Varwick (professor of Political Sciences
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at the Christian-Albrecht-University, Institute of Security Policy, Kiel, Germany), provide a systematic introduction to the main areas of activity of the United Nations at the beginning of the twenty-first century, as well as to its organization and evolution. They also evaluate the likely role and prospects for reform of the UN as it moves deeper into the twenty-first century. The book is comprised of the following: “The United Nations Between Ideal and Reality”; “Instruments in the Field of Peacekeeping”; “Instruments in the Field of Human Rights Protection”; and “Reform of the United Nations.” 1792. Gordon, D. S., and Toase, F. H. (Eds.) (2001). Aspects of Peacekeeping. London: Frank Cass Publishers. 286 pp. This book is comprised of three sections and fifteen chapters: Section I. The United Nations and the International System: Evolution and Change (1. “The Humanitarian Security Dilemma in International Peacekeeping” by Shashi Tharoor and Ian Johnstone; 2. “Icarus Rising and Falling: The Evolution of UN Command and Control Structures” by Stuart Gordon; 3. “European Approaches to Peacekeeping: The Muddled Legacy of the Yugoslav Wars” by Rosemary Durward; 4. “Bilateral and Multilateral Peacekeeping Units in Central and Eastern Europe” by Paul Latawski; 5. “Regional Initiatives and Non-UN Forms of Intervention in Sub-Saharan Africa” by Edmund Yorke); Section II. Humanitarian Action and Peacekeeping (6. “Those Who Have the Power to Hurt but Would Do None: The Military and the Humanitarian” by Jim Whitman; 7. “The Evolution of UN Humanitarian Operations” by Sergio Vieira de Mello; 8. “Positioning Humanitarianism in War: Principles of Neutrality, Impartiality and Solidarity” by Hugo Slim; 9. “Understanding, Promoting and Evaluating Coordination: An Outline Framework” by Koenraad Van Brabant; 10. “Armed Protection for Humanitarian Action: What Are the Questions?” by Koenraad Van Brabant); and Section III. PeaceSupport Operations and the Military (11. “The Legitimating of Strategic Peacekeeping: Military Culture, the Defining Moment” by James Gow and Christopher Dandeker; 12. “British Peacekeeping Doctrine: A Critique” by Richard Connaughton; 13. “A Recipe for Making Safe Areas Unsafe” by Stuart Gordon; 14. “Civil Affairs: Soldiers Building Bridges” by Edward Flint; and 15. “Warlordism, Complex Emergencies and the Search for a Doctrine of Humanitarian Intervention” by Paul B. Rich). 1793. Guéhenno, Jean-Marie (2002). “On the Challenges and Achievements of Reforming UN Peace Operations.” Special Issue (“Recovering from Civil Conflict: Reconciliation, Peace and Development” edited by Edward Newman and Albrecht Schnabel) of International Peacekeeping, Summer, 9(2):69–80.
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In the abstract to this article, the following is stated: Against the background of the tumultuous evolution of peacekeeping since the end of the Second World War, [this] essay discusses the key challenges of post-Cold War peace operations, some of their greatest failures as well as accomplishments. It considers [UN Secretary General] Kofi Annan’s effort to turn around the doomed fate of UN peacekeeping through self-reflection, soul searching and practical and feasible recommendations. The result was the Brahimi Report which, if implemented, will allow the UN to equip itself not only to avert failures, but to ensure success in the future. This concerns not only traditional, but also complex and post-conflict peace missions. While UN peace operations cannot be risk free, the risks and gambles associated with involvement in ongoing conflicts or exceedingly fragile security environments can be better managed if missions match the needs on the ground, if resources match those mandates, and if peace operations are deployed in a more judicious and deliberate manner. (n.p.) 1794. Gunter, Michael M. (1994). “The Kurdish Peacekeeping Operation in Northern Iraq, 1991,” pp. 97–110. In David A. Charters (Ed.) Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. Gunter’s conclusion to his essay is informative and telling: The imperfect, but effective, UN collective security operation against Iraq following [Iraq’s] conquest of Kuwait in August 1990 eventually led to an equally flawed, but still useful, peacekeeping operation to help save the Kurds from the further depredations of Saddam Hussein after their failed uprising in March 1991. The UN’s response proved to be a unique peacekeeping operation because, in effect, it was taking the side of the Iraqi Kurds and the allies against Iraq. This situation patently contrasted with the criterion of impartiality previous peacekeeping operations had possessed. [Furthermore,] for the first time, the UN had declared in Security Council 688 of 5 April 1991 that “the repression of the Iraqi civilian population, including most recently, Kurdish populated areas” could “threaten international peace and security.” In other words, the Council was saying that circumstances may arise in which extraordinary humanitarian needs would compel the world organization to intervene in the internal affairs of a sovereign state under the collective security provisions of UN charter Chapter VII (italics added).If so, this was certainly a precedent-setting declaration. Previously, what a state did to its own minorities was of little or no concern to outsiders. Again, therefore, the UN peacekeeping operation in northern Iraq carried major implications for the future of international law and the organization. [T]he Kurdish peacekeeping operation was not only low key and ad hoc, but clearly secondary to and, in effect, part of the Allies’ political and military
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operations against Iraq both before and after the Gulf War. Nevertheless, as the Secretary General himself noted: A number of precedents were established which might well be of interest for future humanitarian efforts: the decision to aid the direct return of refugees to their homelands via a system of “blue routes,” thereby avoiding the need to construct and administer refugee camps; the creation . . . of a United Nations guards contingent to protect United Nations personnel and property, to provide an element of security and stability and to serve as “moral witness” in the humanitarian sphere; and the development of a system whereby a country with sufficient resources could assume responsibility for the care of the vulnerable groups within its borders. (pp. 106–108)
Notably, out of over one and a half million Kurds who fled from Iraq to Iran and Turkey, all but 124,300 made it back home. The essay is comprised of the following sections: Origins, Safe Havens, The UN Begins to Move, Implementation, Finances, and Conclusions. 1795. Heininger, Janet E. (1994). Peacekeeping in Transition: The United Nations in Cambodia. New York: The Twentieth Century Fund Press. 183 pp. Written by a member of the faculty of American University’s School of International Service, this book is comprised of the following chapters: 1. “Introduction”; 2. “The Negotiation of the Peace Plan”; 3. “UNTAC’s Mandate, Structure, and Implementation”; 4. “Getting Ready to Rebuild: The Return of the Refugees and the Rehabilitation of Cambodia”; 5. “Working Toward a Neutral Political Environment: The Military, Civil Police, and Civil Administration Under UNTAC”; 6. “Building a Future for Cambodia: UNTAC’s Human Rights and Electoral Components”; and 7. “Lessons from a Venture into Peacebuilding.” 1796. Heje, Claus (1998). “United Nations Peacekeeping—An Introduction,” pp. 1–25. In Edward Moxon-Browne (Ed.) A Future for Peacekeeping? New York: St. Martin’s Press. In this chapter, the author delineates and discusses the principles of peacekeeping (consent, impartiality, the non-use of force, the issue of a mandate, a United Nations multinational deployment, the “willingness” of member states, the non-interference in the sovereignty of states); the conceptual framework of peacekeeping operations (preventive diplomacy, peacemaking, peacekeeping, post-conflict peace-building); issues of function and personnel; challenges to peacekeeping (the framework of peacekeeping operations, limits to peacekeeping, ripeness for intervention, the juxtaposition of military and civilian operations, organization and management of peacekeeping operations, impact on the contributing countries, impact on
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the recipients of peacekeeping, and preparation of the peacekeepers); and recent trends in United Nations peacekeeping. 1797. Hill, Stephen (2005). United Nations Disarmament Process in Intra-State Conflict. New York: Palgrave Macmillan. 320 pp. Hill, in the department of Politics at the University of Georgia, analyzes the factors that affected the success or failure of the UN disarmament processes during intra-state peacekeeping missions conducted between 1991 and 1999. In doing so, he examines seven case studies including Cambodia and the former Yugoslavia. The text utilizes developing approaches to conflict resolution in order to create an analytical framework through which to assess the UN’s attempts at disarmament. 1798. Hill, Stephen, and Malik, Shahin P. (1996). Peacekeeping and the United Nations. Brookfield, VT: Dartmouth Publishing Co. 241 pp. This work provides an analysis of the evolution of UN peacekeeping over a fifty year period (1945–1995). It is comprised of six chapters, plus an introduction and conclusion: 1. “The Primary Responsibility”; 2. “The Evolution of UN Peacekeeping 1947–1987”; 3. “The Rebirth of Peacekeeping”; 4. “The Expansion of Peacekeeping”; 5. “Crisis in UN Peacekeeping, November 1992–1993”; and 6. “The Retrenchment of Peacekeeping, 1994–1995.” 1799. Hillen, John (1998). Blue Helmets: The Strategy of UN. Military Operations. Washington, D.C.: Brassey’s. 312 pp. In this book, Hillen, an Olin Fellow for National Security at the Council on Foreign Relations in Washington, D.C. and a former U.S. Army officer who earned a Ph.D at Oxford University, critiques the United Nations’ peacekeeping operations. More specifically, he examines the military aspects of UN peacekeeping organizations and the capability of the UN as an institution to manage military operations. In doing so, he divides United Nations peacekeeping activities into four areas: observation missions; traditional peacekeeping; second-generation peacekeeping (in which the UN “attempted a near-simultaneous management of political, societal, economic, humanitarian, electoral, diplomatic and military initiatives”) (p. 26); and enforcement. In his foreword, U.S. Ambassador Robert B. Oakely states that Hillen’s military experience and keen analytical eye have enabled him to identify the strengths and weaknesses of the UN in deciding on and managing critical components of military activities such as force structure, objectives, and command and control, including major problems such as “force turbulence” (i.e., difficulty in recruiting and maintaining properly trained forces and in
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ensuring that they adhere to UN rather than national command structures). He makes practical recommendations on how to alleviate the problems, including contracting out to more powerful, better organized military entities for large conflict-prone operations. . . . This book will contribute significantly to the understanding of how the UN actually functions in strategic managing of military activities, what its true capabilities are, what military tasks and resources it should and should not be given by its member states, and how these factors relate to the political objectives.” (p. xi)
Hillen basically argues that the United Nations’ efforts are most efficacious when handling observation missions and traditional peacekeeping missions where military expertise is less significant than political or diplomatic concerns. Ultimately, Hillen concludes that the United Nations should not be asked or expected to conduct military operations that involve fighting, and that peacekeeping operations that could degenerate into fighting should be left to national armies and coalitions such as NATO. At the core of his argument is that the difficulty with military aspects of United Nations peacekeeping is, in part, the “absence of separate bilateral agreements between the United Nations and individual military powers as provided for in Article 43 of the United Nations Charter, along with the concomitant absence of a Military Staff Committee anticipated in Articles 46 and 47. . . . All thirty-eight military operations between 1948 and 1996 were improvised endeavors, ad hoc enterprises whose legal and political legitimacy were based on a loose interpretation of Charter provisions.” (p. 9) 1800. Hillen, John (1996). Peace(keeping) in Our Time: The UN as a Professional Military Manager.” Parameters: US Army War College Quarterly, August, 26(3):17–34. Hillen argues that Even if one were to describe the present as an unprecedented era of collective security, one must also recognize that the complex set of relationships that distinguish professional military operations are also contained within the nation-state. These are political, moral, functional, and legal relationships that are characterized by legitimacy, authority, and accountability. The relationships greatly influence decisions about force structure, command and control, and military objectives. Without them, the UN can never be a professional manager of significant military operations. This article presents the thesis that the United Nations does not have an inherent capacity for such professional military management, and that such capabilities were not present but dormant throughout the Cold War. In fact, the UN is inherently anti-professional in the military sense; at best, it is suited for managing only quasi-military and very limited operations such as observation missions and small, traditional peacekeeping missions. The recent steps taken to professionalize UN military operations have failed because the military ca-
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pability of the UN cannot be separated from its political nature, from political characteristics that purposely limit and constrain its forays into the functional management of military force. To paraphrase Clausewitz, UN military operations have their own grammar (no matter how unintelligible), but their logic is the logic of the UN’s political character. (pp. 18–19)
1801. Jones, Bruce D. (2001). Peacemaking in Rwanda: The Dynamics of Failure. Boulder, CO: Lynne Rienner Publishers. 208 pp. Jones, formerly an official at the UN’s office for the Coordination of Humanitarian Affairs, “traces the individual and collective impact of both official and nonofficial mediation efforts, peacekeeping missions, and humanitarian aid to forestall genocidal violence in Rwanda in 1994 [and why such efforts] failed so miserably. Providing theoretical and empirical evidence, he [argues] that the failure of the peace process was not the result of a lack of effort, or even the weakness of any particular effort. Rather, [he argues], it was due to a combination of factors: the lack of connections among the various attempts at conflict resolution; the intransigence of the warring parties; the lack of a coherent strategy for managing spoilers in the peace process; and weak international support.” (p. 1) The book is comprised of the following chapters: 1. “Introduction: The Rwandan Civil War in Context”; 2. “War and Genocide”; 3. “Early Peacemaking Efforts: Regional Prenegotiation”; 4 “The Arusha Negotiations: Mediation and Facilitation:”; 5. “UN Peacekeeping and the Collapse of Arusha: Implementation Efforts”; 6. “Genocide, Crisis, and the Renewal of War: The Consequences of Failure”; and 7. “The Dynamics of Peacekeeping in Rwanda: Conclusions and Implications.” 1802. Karns, Margaret P., and Mingst, Karen A. (2001). “Peacekeeping and the Changing Role of the United Nations: Four Dilemmas,” 215–237. In Ramesh Thakur and Albrecht Schnabel (Eds.) United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. Tokyo: United Nations University Press. The four dilemmas that the authors note and then address are: (1) the types of conflicts that demand the United Nation’s attention, “that is the shift from interstate to more intrastate or internal conflicts, to Article 2(76) of the UN Charter, and to the norm of non-intervention in a state’s internal affairs” (p. 216); (2) changing international expectations about the responsibilities of states and of the international community for halting gross and systematic violations of human rights with grave humanitarian consequences; (3) the change in the number and types of actors engaged in complex peacekeeping operations, “raising issues of coordination and legitimacy” (216); and (4) the critical need for leadership and “the diffusion of both power and
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willingness of states, and especially the USA as the sole superpower, to commit” (p. 217). 1803. Kaysen, Carl, and Rathjens, George (1996). Peace Operations by the United Nations: The Case for a Volunteer UN Military Force. Cambridge, MA: Committee on International Security Studies, American Academy of Arts and Sciences. 64 pp. Early on Kaysen and Rathjens note that “[r]ecent problems of intervention have, in a number of instances, been quite different than what was envisaged when the UN was organized and when the major concern was interstate conflict that might result from clearly identifiable aggression. While there have been wars since 1945 that fit this pattern, there have been more—e.g., Yugoslavia and Rwanda—where the issue is really one of civil war, often reflecting ethnic conflict. . . . These instances of conflict raise the issue not resolved in the writing of the UN Charter of the trade-off between, on the one hand, the respect for, and defense of, national sovereignty by the international community and, on the other, its collective responsibility for the well-being of people everywhere.” (p. 9) The contents of this booklet are comprised of the following: “Peace Operations During the Cold War”; “The Changed Post-Cold War Environment for Peace Operations”; “The Challenges for the Future”; “The Question of a UN Military Force”; “Arguments for a Volunteer UN Force—Six Case Studies: The Congo, Yugoslavia, Somalia, Cambodia, Rwanda, Haiti”; “What Are the Lessons?”; “What Kind of UN Standing Force?”; “The Wider Context”; and “Appendix: Design for a Streamlined UN Legion.” 1804. Knight, Andy W. (2005). Adapting the United Nations to a Post Modern Era: Lessons Learned. New York: Palgrave Macmillan. 272 pp. See annotation # 1745. 1805. Krasno, Jean (Ed.) (2004). The United Nations: Confronting the Challenges of a Global Society. Boulder, CO: Lynne Rienner Publishers. 443 pp. This book examines the evolutionary process of multilateral interaction that is the foundation of the UN, the sometimes heated politics behind its operations, and the key personalities who have shaped it. The authors move from the creation of the UN to the present debates about reform. In doing so, they discuss a wide range of issues, including human rights, elections, development, disarmament, and peacekeeping. 1806. Langille, H. Peter (2000). “Conflict Prevention: Options for Rapid Deployment and UN Standing Forces,” 219–53. In Tom Woodhouse and Oliver Ramsbotham (Eds.) Peacekeeping and Conflict Resolution. London and Portland, OR: Frank Cass Publishers.
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In this essay, Langille, professor of foreign policy and international conflict prevention and management at the University of Western Ontario, addresses the following issues: the background regarding the establishment of a UN rapid reaction force; various national studies vis-à-vis the possibility of creating a rapid reaction force (e.g., from the Netherlands, Canada, Denmark); and corresponding developments in the field: the UN Department for Peace-Keeping Operations and the UN Secretariat, the United Nations Standby Arrangement System (UNSAS), the United Nations Rapidly Deployable Mission Headquarters (RDMHQ), and Multinational Standby Forces High Readiness Brigade (SHIRBRIG). 1807. Lee, John M.; von Pagenhardt, Robert; and Stanley, Timothy W. (1992). To Unite Our Strength: Enhancing the United Nations Peace and Security System. Lanham, MD: University Press of America. 166 pp. Lee (a retired vice admiral from the U.S. Navy, former vice director of the International Military Staff at NATO, and a member of the Military Staff Committee at the UN), von Pagenhardt (a former foreign service officer and currently a professor at the Naval Postgraduate School in Monterey, California), and Stanley (a former White House Staff member, former defense advisor and minister at the U.S. Mission to NATO, and currently vice president of the United Nations Association in Washington, D.C.) examine what can and, according to them, should be done to create a more effective UN system for peacekeeping, peacemaking, and peace enforcement. In light of the authors’ experiences with the military, NATO, the UN, and various national posts with the U.S. government, this is a must read for theorists and practitioners interested in the intervention and prevention of genocide. The titles of the seven chapters (and a select list of topics within certain chapters) are: I. “The United Nations in a New Era” (Is the UN Willing to Change? and Will Countries Adapt?); II. “Military Forces for UN Operations” (Requirements for Force, The UN Legion, National Forces for United Nations Duty—including Quick Reaction Forces); III. “Reforming United Nations Machinery”; IV. “Lessons from the Past “ (Starting Up the UN Legion); V. “The System at Work” (Applying the Proposed Model: Yugoslavia); VI. “Financing UN Forces” (The UN’s Financial Crisis, Cost of the Peace and Security Systems, and What Is to Be Done?); and VII. “Summary of Recommendations.” 1808. Lee, Roy S. (1995). “United Nations Peacekeeping: Development and Prospects.” Cornell International Law Journal, 28(3):619–629. Delivered at a symposium (“Peacekeeping, Peacemaking and Peacebuilding: The Role of the United Nations in Global Conflict”) co-sponsored
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by the Cornell University Law School and the United States Army War College, Lee, Principal Legal Officer for the Office of the Legal Counsel, UN Secretariat, provides a short historical overview of the genesis and evolution of UN peacekeeping operations. In doing so, he addresses the following issues: I. The Circumstances in which Peacekeeping Operations Were Created; II. Characteristics of Peacekeeping Operations; III. Changing Characteristics [of Peacekeeping Operations]; and IV. Applications of Humanitarian Law. 1809. Lehmann, Ingrid A. (1999). Peacekeeping and Public Information: Caught in the Crossfire. Portland, OR and London: Frank Cass Publishers. 175 pp. At the outset of this book, Lehmann, a United Nations official with over two decades of experience in peacekeeping and public information, comments that It is a central tenet of this book that effective communication has become a sine qua non for intergovernmental organizations and their field operations, albeit one not yet fully recognized by the politicians, diplomats and their senior managers. At a time when revolutionary developments in information technology had left their imprint on the way the war in the Persian Gulf was perceived by worldwide television audiences, intergovernmental organizations, foremost the United Nations, continued to disseminate brochures and films by diplomatic pouch, following time-consuming translation into the “official languages.” Daily press releases were still often sent by fax, and electronic mail was introduced only slowly in the late 1990s. There were, as many analysts and critics of the UN have maintained, frequent time delays in information received by the staff in the field. There were as well communication disconnects between the political decisionmakers in the Security Council and the Secretariat, and those attempting to carry out the mandates in the theatre of operations. Largely unbidden, and as often unrecognized, communications have become a strategic command and management function. While this has been recognized by corporations and by most governments—it has continued to be undervalued and, in some instances, actively discouraged as a legitimate activity of the United Nations Secretariat. . . . This book examines how, when, and under what conditions effective communication strategies and information programmes were implemented by the United Nations civilian and military managers of peacekeeping operations, at the operational and tactical levels. It also portrays the consequences of the absence of effective information programmes at the strategic level. (pp. 11–12)
Peacekeeping and Public Information is comprised of the following: 1. “Towards a Theory of Political Communication for International Organizations”; 2. “Public Information Management in UN Peacekeeping”; 3. “The Information Programme of UNTAG in Namibia, 1989–90”; 4. “The Infor-
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mation and Education Programmes of UNTAC in Cambodia, 1992–93”; 5. “The Failure to Communicate: UNAMIR in Rwanda, 1994–95”; 6. “The Information Campaigns of UNMIH in Haiti, 1994–1996”; 7. “Peacekeeping in a Propagandist Environment: From UNPROFOR to UNTAES and the Former Yugoslavia,” and 8. “Comparisons and Conclusions.” 1810. Leitenberg, Milton (1994). “U.S. and UN Actions Escalate Genocide and Increase Costs in Rwanda,” pp. 33–42. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. In this hard-hitting article, Leitenberg delineates how both the United States (as well as other nations) and the UN either ignored and/or refused to step in to prevent genocide from being perpetrated in Rwanda in 1994. In doing so, he talks about the western “hands-off” reaction, and the UN’s inaction and late response to the mass killing. In his conclusion, he asserts that “Had a peacekeeping mission been deployed, many or most of those killed might have been saved, and a massive refugee exodus possibly averted” (p. 42). (Editor’s Note: A peacekeeping mission was, in fact, on the ground, but it was undermanned and underresourced and needed to be on a Chapter VII or a peace enforcement mission versus a peacekeeping mission.) 1811. Lewis, Paul (1996). “A Short History of United Nations Peacekeeping,” pp. 25–41. In Barbara Benton (Ed.), Soldiers for Peace: Fifty Years of United Nations Peacekeeping. New York: Facts on File, Inc. Lewis, who served as the United Nations correspondent for the New York Times for eight years, provides a succinct but informative overview of the UN’s peacekeeping efforts during the cold war and the post-cold war periods. In his discussion, Lewis briefly discusses, among many others issues, the situations in the former Yugoslavia (early 1990s), Somalia (early 1990s), and the genocide in Rwanda (1994): In Bosnia, Somalia, and Rwanda . . . the international community . . . demanded the UN “do something” even though Security Council members were not prepared to authorize a full-scale war to stamp out these crises. The result was a series of peacekeeping operations flawed by the contradictory mandates given the peacekeepers, who, without the weapons or troop strength necessary for the job, were expected to enforce “safe areas,” “exclusion zones,” and “no-fly areas,” hunt down Somali warlords, and stop Hutus and Tutsis massacring each other—all the while trying to act impartially. Even their role escorting humanitarian-aid convoys was often perceived as help for the enemy by those hoping to use hunger and suffering to achieve their political aims. A major lesson the UN drew from these setbacks as it celebrated its fiftieth birthday in 1995 is that peacekeeping is not the same as peace-enforcement.
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In his report to members marking that occasion, Secretary-General Boutros Boutros-Ghali emphasized that UN intervention tends to fail where it lacks the true consent of all the parties to a dispute and where the Blue Helmets lack impartiality and resort to force. That is why NATO and the U.N. went into Bosnia with all the military might necessary to enforce the Dayton accords. “Nothing is more dangerous for a peacekeeping operation than to ask it to use force when its composition, armament, logistical support, and deployment deny it the capacity to do so,” the secretary-general wrote. Another lesson has been the difficulty of securing peacekeeping troops and equipment quickly enough. Although the U.N. now has a significant number of experienced officers as well as a “situation room” manned round the clock in New York, wired to its operations all over the world, the secretary-general likes to recall how not one of the nineteen countries which at that time had pledged 31,000 troops for future U.N. peacekeeping operations was prepared to send a single soldier to Rwanda. And the handful of African countries that finally offered troops had to hire American armored cars because they had nothing suitable themselves. In an attempt to draw an obvious lesson from the Rwanda fiasco, BoutrosGhali stepped up his campaign for some kind of a U.N. “rapid reaction force” that could be rushed into a crisis area at short notice. But the great powers turned a deaf ear to his plans, showing themselves determined to maintain control over what the UN does and does not do (italics added). (pp. 39–40)
1812. Lyons, Gene M. (1994). “A New Collective Security: The United Nations and International Peace.” The Washington Quarterly, 17(2):173–199. In this article, the author: (1) summarizes An Agenda for Peace and its follow-up; (2) examines the evolution of the UN Charter vis-à-vis matters of peace and security; (3) identifies major changes in international policies that have been developing over time but have more fully emerged with the end of the Cold War; (4) posits questions about what lessons can be learned from peacekeeping missions over a recent forty-year period; and (5) drives home the significance of political leadership in mobilizing cooperation, peace, and security in today’s world. 1813. MacInnis, John A. (1998). “Piecemeal Peacekeeping: The United Nation’s Protection Force in the Former Yugoslavia,” pp. 113–131. In John T. Fishel (Ed.) “The Savage Wars of Peace”: Toward a New Paradigm of Peace Operations. Boulder CO: Westview Press. In this essay, MacInnis, who was the deputy force commander of the United Nations Protection Force in the Former Yugoslavia from July 1993 to June 1994, examines the components of the United Nations Protection Force (UNPROFOR) missions in Croatia and Bosnia in the early to mid-1990s and the controversies in which they were mired and why—”and in particular why the UN effort in the former Yugoslavia left much to be desired and why
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the mission evolved as it did” (p. 113). The Bosnian mission, in particular, he writes, “came under severe and repeated criticism particular[ly] from those who believed that UNPROFOR was too hesitant in the use of force to exercise what they assumed to be its mandate. In Croatia UNPROFOR was taken to task for either failing to protect the Serbs in the sectors or for failing to have them comply with UN Security Council Resolutions” (p. 113). 1814. Maley, William (2000). “The UN and East Timor.” Pacifica Review, February, 12(1):63–76. In his introduction, the author notes that This article is divided into six sections: The first traces the involvement of the UN with the question of East Timor between 1975 and 1999. The second gives an overview of the experience of the UN in orchestrating transitions to independence or new political arrangements in colonies, trust territories, and disrupted states. The third examines the accords on East Timor of 5 May 1999, and the fourth looks at the experience of UNAMET. The fifth provides a critique of some of the assumptions underlying the mission from the viewpoint of the requirements for successful transition from civil strife to civil peace. (p. 64)
1815. Malone, David M., and Wermester, Karin (2001). “Boom and Bust? The Changing Nature of UN Peacekeeping,” pp. 37–54. In Adekeye Adebajo and Chandra Lekha Sriram (Eds.) Managing Armed Conflicts in the 21st Century. London and Portland, OR: Frank Cass Publishers. This essay outlines what its authors perceive to be the two major shifts that occurred in UN peacekeeping operations over the course of the 1990s: the goals pursued by peacekeeping operations, and the level of enforcement they brought to bear on a situation. Following a succinct overview of peacekeeping during the Cold War, the authors address the new structure, tasks, and components of peacekeeping operations. The essay concludes with an examination of the increasing resort to peace enforcement during the 1990s. 1816. Marten, Kimberly Zisk (2004). Enforcing the Peace: Learning from the Imperial Past. New York: Columbia University Press. 208 pp. Marten, associate professor of Political Science at Barnard College, Columbia University, argues that modern peacekeeping operations and military occupations bear some surprising resemblances to the imperialism practiced by liberal states a century ago. In that regard, she draws lessons from that comparison, arguing that attempts by outsiders to control political developments in foreign societies are pipe dreams, and that a more sensible goal of foreign intervention is to provide basic security in unstable regions. The book focuses on operations in such places as Bosnia, Kosovo, and East Timor in
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the mid- to late 1990s, comparing these cases (and others) to the colonial activities of Great Britain, France, and the United States at the turn of the twentieth century. She interweaves examples from these cases together, using interviews she conducted with military officers and peacekeeping officials at the UN, NATO, and elsewhere. The book is comprised of the following chapters: 1. “Peace, or Change?”; 2. “Peacekeeping and Control”; 3. “State Interests, Humanitarianism, and Control”; 4. “Political Will and Security”; 5. “Military Tasks and Multilateralism”; and 6. “Security as a Step to Peace.” 1817. Maxwell, Dayton L. (1998). “Facing the Choice Among Bad Options in Complex Humanitarian Emergencies,” pp. 179–191. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers. In this thought-provoking essay, Maxwell, a retired U.S. senior foreign service officer for the Agency for International Development (USAID), argues that by failing to examine the mid- to long-term effects of implementing short-term politically acceptable solutions in countries immersed in conflict, “better options may be discarded. The willingness on the part of the international community to spend billions of dollars over the last few years in relief and minimal security protection for relief efforts has led to the use of the term ‘fig leaf.’ Providing relief hides the fact that more vigorous actions and greater risks are required to bring a conflict to a close” (p. 179). In his essay, Maxwell briefly discusses the tough choices that were avoided in Bosnia in 1994–1995 and Rwanda in 1994 and the resulting disasters that occurred. He then argues that economic assistance is a necessary but not a sufficient component of establishing a stable peace. He asserts that a determination must be made regarding the use of limited resources, especially when there are so many areas of need: establishing a neutral and professional security and justice system, re-establishing normal economic activity, restoring essential public services and utilities, determining and initiating the most appropriate economic and social policies, creating a governance [plan] which respects minority rights and evolves toward a viable democracy, planning and holding free and fair elections, disarmament and demobilization (and possibly “demining”), repatriation of refugees and internally-displaced persons, empowering civil society as a viable representative of the population, developing viable financial management, and creating a credible investment climate (p. 182). Finally, he posits a series of provocative questions that could be used to stimulate thinking and discussion regarding those issues that need to be
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addressed in order to develop a more systematic approach to figuring out how organizations can work more effectively together. 1818. Mayall, James (Ed.) (1996). The New Interventionism: United Nations Experience in Cambodia, Former Yugoslavia, and Somalia. New York: Cambridge University Press. 238 pp. This is a valuable assessment of the three major UN interventions in the 1990s. In his introduction, Mayall comments that major weaknesses of the “new interventionism” were as follows: (1) the UN peacekeeping bureaucracy’s make-up itself interferes with its effectiveness in attempting to address complex political and military operations, (2) the member states are not committed to open-ended efforts to nation-building, and (3) there is an aversion to both injury and death to military personnel and monetary costs by the general public and politicians in members states. In his introduction, Mayall, a professor at the London School of Economics and Political Science, asserts that The world is now so interdependent, and Western governments in particular so vulnerable to public opinion mobilized through the media, that there can be no guarantee that they will not repeatedly be drawn into international crises, even where their own interests and the balance of professional advice are in favor of non- intervention. The [UN] Secretary-General’s challenge should not, therefore, be lightly dismissed. His Agenda for Peace may have been a product of the natural but unrealistic optimism that followed the end of the Cold War, but it raised the central political question of our time—what is to be the basis for international order and how is it to be upheld? The book is intended as a modest contribution to the debate about how these questions should be answered. Our aim is to see what an examination of three major interventions that have been carried out by the United Nations since 1991—in Cambodia, former Yugoslavia and Somalia—can tell us about the prospects for international cooperation and the constraints that must be overcome if the UN Charter is to act as a constitution for international society, as the Secretary-General implies it should. (p. 2)
The book is comprised of the following chapters and appendices: 1. “Introduction” by James Mayall; 2. “Cambodia” by Mats Berdal and Michael Leifer; 3. “Former Yugoslavia” by Spyros Economides and Paul Taylor; 4. “Somalia” by Ioan Lewis and James Mayall; Appendix A. Cambodia (Chronology; List of Resolutions of the UN Security Council and Progress Reports of the Secretary General, and Selected Texts); Appendix B. Former Yugoslavia (Chronology, List of Resolutions of the UN Security Council, and Selected Texts); Appendix C. Somalia (Chronology, List of Resolutions of the UN Security Council, and Selected Texts); and Appendix D. The General Framework for Peace in Bosnia and Herzegovina.
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1819. Mays, Terry M. (2002). The 1999 United Nations and 2000 Organization of African Unity Formal Inquiries: A Retrospective Examination of Peacekeeping and the Rwandan Crisis of 1994 (Paper Number 7 of the Pearson Papers). Clementsport, Nova Scotia: The Canadian Peacekeeping Press of the Pearson Peacekeeping Centre. 37 pp. Several factors for failure of the peacekeeping operation to prevent the 1994 genocide in Rwanda are highlighted within the UN and OAU investigations, and each is explored in this study. Also discussed is whether the two thousand member UN-peacekeeping operation in Rwanda could have halted the genocide had the political will existed to accomplish the task. Five options for the future are reviewed and a postscript includes a brief discussion of the relationship between state sovereignty and humanitarian intervention as delineated in the report by the International Commission on Intervention and State Sovereignty. The booklet is comprised of the following: I. “Background”; II. “International Inquiries into the Peacekeeping Failure in Rwanda” (A. Report of the Independent Inquiry into the Actions of the United Nations During the 1994 Genocide in Rwanda; and B. International Panel of Eminent Personalities to Investigate the 1994 Genocide in Rwanda and the Surrounding Events); III. “Why Did UNAMIR Fail to Halt the Rwandan Genocide?” (A. Political Will; B. Mandate; C. Rules of Engagement; D. Intelligence; E. Logistics; and F. Contingent Recruitment, Staffing and Training); IV. “Could UNAMIR Have Stopped the Massacre?”; V. “Options for the Future” (A. Standing Military Force; B. Standby Arrangements; C. Western Training for Regional Contingents; D. Sub-regionally Mandated Operations; E. Third Party Coalitions); and VI. “Post Script and Conclusions” (A. Report of the Panel on United Nations Peace Operations; B. International Commission on Intervention and State Sovereignty; and C. Concluding Comments). 1820. Mazurana, Dyan; Raven-Roberts, Angela; and Parpart, Jane (Eds.) (2005). Gender, Conflict, and Peacekeeping. Lanham, MD: Rowman & Littlefield Publishers. 321 pp. This groundbreaking volume explores how gender has become a central factor in shaping current thinking about the causes and consequences of armed conflict, complex emergencies, and reconstruction. Drawing on expertise ranging from the highest levels of international policy making down to the daily struggle to implement peacekeeping operations, this work represents the full span of knowledge and experience about international intervention in local crises. Presenting a rich array of examples from Bosnia Herzegovina, East Timor, the former Yugoslavia, Guatemala, Kosovo, Rwanda, Serbia, as well as others, the authors offer significant insights for future peacekeeping and humanitarian missions.
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The book is comprised, in part, of the following chapters: “Gender, Conflict, Peacekeeping” by Dyan Mazurana, Angela Raven-Roberts, Jane Parpart, with Sue Lautze; “Gender and the Causes and Consequences of Armed Conflict” by Dyan Mazurana; “Gender Mainstreaming in United Nations Peacekeeping Operations: Talking the Talk, Tripping over the Walk” by Angela Raven-Roberts; “Prosecution of Gender-based Crimes in International Law” by Valerie Oosterveld; “The Renewed Popularity of the Rule of Law: Implications for Women, Impunity, and Peacekeeping” by Barbara Bedont; “Peacekeeping Trends and Their Gender Implications for Regional Peacekeeping Forces in Africa: Progress and Challenges” by Heidi Hudson; “Peacekeeping, Alphabet Soup, and Violence Against Women in the Balkans” by Martina Vandenberg “The Post-Conflict Postscript: Gender and Policing in Peace Operations” by Tracy Fitzsimmons; “The Guatemalan Peace Accords: Critical Reflections” by Ilja A. Luciak and Cecilia Olmos; “Les Femmes Aux Milles Bras: Building Peace in Rwanda” by Erin K Baines; “Mainstreaming Gender in United Nations Peacekeeping Training: Examples from East Timor, Ethiopia, and Eritrea” by Angela Mackay; and “What if Patriarchy is The Big Picture? An Afterword” by Cynthia Enloe. 1821. McDonald, Avril (1998). “The Yearbook in Review,” pp. 113–160. In T. M. C. Asser Instituut (Ed.) Yearbook of International Humanitarian Law. Volume 1. The Hague: T. M. C. Asser Press. McDonald, managing editor of the Yearbook of International Humanitarian Law, discusses, in part, the following issues: the enforcement of international humanitarian law, and the concept and realities of peacekeeping. 1822. Mingst, Karen A., and Karns, Margaret P. (1995). The United Nations in the Post-Cold War Era. Boulder, CO: Westview Press. 200 pp. The authors examine various world crises in the context of the UN’s historical evolution, including its experience with peacekeeping, peacemaking, and development sustainability. They also consider the role played by individual countries in the work of the UN. 1823. Mockaitis, Thomas R. (1999). Peace Operations and Intrastate Conflict: The Sword or the Olive Branch? Westport, CT: Praeger Publishers. 166 pp. In chapter 4, “The Former Yugoslavia,” Mockaitis, professor of History at DePaul University, analyzes the peace operations of the United Nations Protection Force (UNPROFOR) in the former Yugoslavia between 1992 and 1995. In doing so, Mockaitis argues that [a]nalysis of the missions . . . [in] the former Yugoslavia reveals the consistent pattern that such interventions follow and illustrates the inadequacy of peacekeeping models for intrastate conflict . . . [The] UN deployed a peacekeeping
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force under Chapter 6, only to discover that such a force could accomplish little in the face of an active civil war. Circumstances dragged each mission inexorably toward enforcement, no matter what the Security Council chose to designate such action. . . . [The] intervention led to large-scale deployment of troops armed for combat rather than peacekeeping, yet . . . soldiers found themselves engaged in a multiplicity of tasks necessitated by the collapse of civil society. They had to work closely with relief organizations as well as local police to safeguard deliveries of humanitarian aid, protect civilians, and negotiate local cease-fires. These activities required civil-military cooperation, which generally occurred on an ad hoc basis. Because the UN and its member states insisted on applying traditional peacekeeping methods to the unique conditions of civil conflict, [the] mission responded to an escalating crisis on a reactive, rather than on a proactive, basis. This ad hoc approach reduced the effectiveness of each intervention and led to greater loss of life than might otherwise have occurred. The limited effectiveness of the mission suggests the need for a new approach to such intervention. Intervening in an active civil war is neither a peacekeeping activity nor a collective security action. Troops inserted in an active civil war must be prepared for a range of contingencies from combat to policy work. They must be prepared to work closely with a host of international, governmental, and nongovernmental agencies (NGOs), as well as with local civil, police, and military authorities. (pp. 6–7)
In chapter 5, “Peace Operations and Intrastate Conflict: Towards a New Paradigm,” Mockaitis discusses a new approach he developed for intervention in intrastate conflict. Not only does it focus on the aforementioned contingencies that troops must be prepared to face and address, but it also expounds upon the author’s proposition that “intervention to end civil conflict more closely resembles counterinsurgency than it does any other form of military activity” (p. 7). As Mockaitis is careful to note, he makes a case for the transfer of broad principles here, not precise methods of counterinsurgency. 1824. Moxon-Browne, Edward (1998). “A Future for Peacekeeping,” pp. 192– 201. In Edward Moxon-Browne (Ed.) A Future for Peacekeeping? London: Macmillan Press. Moxon-Browne discusses a host of issues, including but not limited to the following: the definitional differences between peacekeeping and peace enforcement; the concept of a permanent UN or “standing” force; the need for a wider range of options and responses to differentiated conflict situations; the concept and establishment of an implementation force (IFOR) in Bosnia; the role of NATO in peacekeeping operations; and areas of research that need attention (e.g., the impact of peacekeeping on the populations they are supposed to benefit, and the formation and composition of peacekeeping forces).
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1825. Oakley, Robert, Dziedzic, Michael J., and Goldberg, Eliot, M. (Eds.) (1998). Policing the New World Disorder: Peace Operations and Public Security. Washington, D.C.: National Defense University Press. 573 pp. This massive volume’s focus is the process of restoring public security in dysfunctional or disintegrating states. Among the chapters that will likely be of most interest to those concerned with the issue of genocide are: “Police Functions in Peace Operations: An Historical Overview” by Erwin A. Schmidl; “Policing Cambodia: The Public Security Dimensions of UN Peace Operations” by James A. Schear and Karl Farris; “Bosnia and the International Police Task Force” by Michael J. Dziedzic and Andrew Bair; “Civilian Police in UN Peacekeeping Operations” by Harry Bruer and Michael Emery; “Norwegian Experiences with UN Civilian Police Operations” by Espen Barth Eide and Thorstein Bratteland; “Report of the Special Swedish Commission on International Police Activities” by Nils Gunnar Billinger; and “Conclusions” by Robert B. Oakley and Michael J. Dziedzic. 1826. Peou, Sorpong (2002). “The UN, Peacekeeping and Collective Human Security: From an Agenda for Peace to the Brahimi Report.” International Peacekeeping, Summer, 9(2):51–68. The author of this article first observes and then asserts the following: The new UN vision for world peace [following the end of the Cold War] challenges the traditional value of order, which rejects interventionism, and expands universal values that acknowledge the unity of humanity, such as social justice, democracy, human rights and humanitarian intervention. (p. 52)
This essay argues that the concept of “collective human security” has challenged the traditional concept of national security, but the United Nations must work to overcome the barriers to helping the nation of states realize that this is so. The piece concludes with this statement: [Ultimately,] we need to ask more serious questions: who exactly can provide for security and how can collective action be taken? We should never stop thinking about promoting human security collectively but will need to find a recipe more powerful than making countless policy recommendations for change and then conveniently saying that all depends on the political will of UN member states and parties to the conflict. (p. 52)
1827. Price, Richard, and Zacher, Mark (2004). The United Nations and Global Security. New York: Palgrave Macmillan. 305 pp.
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Herein, noted international scholars examine the role of the UN in preventing international and civil violence, deterring and reversing aggression, and addressing humanitarian crises. The book is comprised, in part, of the following: Part 2: Conflict Prevention and Resolution (“When Aspiration Exceeds Capability: The UN and Conflict Prevention” by Andrew Mack and Kathryn Furlong; “Can the UN Still Mediate?” by Fen Hampson); Part 3: Reversing, Deterring and Punishing Aggression (“UN Sanctions: A Glass Half-Full?” by Andrew Mack and Asif Khan; “International Tribunals and the Criminalization of International Violence” by Joanne Lee and Richard Price); Part 4: The UN and Intervention (“From Peacekeeping to Peace-building: The United Nations and the Challenge of Intrastate War” by Allen Sens; “Refugee Protection and State Security: Towards a Greater Convergence” by Gil Loescher; “Authorizing Humanitarian Intervention” by Jennifer Welsh; “Developing Countries and the Intervention-Sovereignty Debate” by Ramesh Thakur); Part 5: Institutional Reform (“Conundrums of International Power-Sharing: The Politics of Security Council Reform” by Mark W. Zacher; “The UN, Regional Organizations, and Regional Conflict: Is There a Viable Role for the UN?” by Brian L. Job; “Human Security: An Opening for UN Reform” by Lloyd Axworthy); and Part 6: Conclusions (“The League of Nations Redux?” by Richard Price). 1828. Pugh, Michael (Ed.) (1997). The UN, Peace, and Force. London: Frank Cass and Company. 209 pp. This volume, edited by a senior lecturer in International Relations at the University of Plymouth in the UK and the editor of International Peacekeeping, is comprised of a collection of essays on a wide range of cuttingedge topics that face the peacekeeping community at the beginning of the twenty-first century. The ten essays are: “The United Nations and the Collective Use of Force: Whither or Whether?”; “The UN Charter and Peacekeeping Forces: Constitutional Issues”; “Assessing the Success of UN Peacekeeping Operations”; “Enforcement Measures Under Chapter VII of the UN Charter: UN Practice After the Cold War”; “Securing Observance of UN Mandates Through the Employment of Military Force”; “Weapons Control in Semi-Permissive Environments: A Case for Compellence”; “Humanitarian Intervention Revisited: Post-Cold War Responses to Classical Problems”; “Utopian or Pragmatic? A UN Permanent Military Volunteer Force”; and “From Mission Cringe to Mission Creep? Concluding Remarks.” It also includes a five-page select bibliography. 1829. Rieff, David (1994). “The Illusions of Peacekeeping.” World Policy Journal, Fall, 11(3):1–19.
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In a no-holds barred critique of the United Nations’ “peacekeeping” effort in Bosnia in the early to mid-1990s, Rieff, a senior fellow at the World Policy Institute, addresses such issues as the continuing centrality of the nationstate approach and the profound consequences of such thinking vis-à-vis peacekeeping missions. He also addresses the role of UN Secretary-General Boutros-Ghali, the role of the great powers (especially the incoherent and vacillating foreign policy approach of the United States, e.g., the Clinton administration) vis-à-vis the support of UN peacekeeping missions such as that in Bosnia, and lessons learned. In conclusion, he states that “the lesson of Bosnia is that the United Nations in general, and the Department of Peacekeeping Operations in particular, are still too committed to the norms of classical peacekeeping to play a central role in a more comprehensive system of international security” (p. 18). 1830. Rikhye, Indar Jit (1992). Strengthening UN Peacekeeping: New Challenges and Proposals. Washington, D.C.: United States Institute of Peace. 48 pp. This report was written by a retired major general in the Indian Army who is also the former president of the International Peace Academy, which he founded in 1969. From the late 1950s through the early 1990s he worked in multilateral peacekeeping operations as a diplomat, soldier, and educator. He also served as a military adviser to UN Secretary-Generals Dag Hammarskjöld and U Thant, and in the early 1990s conducted special missions for the UN Secretary General in Rwanda and Burundi. Among the major recommendations Rikhye makes regarding the need for the UN to remedy multifaceted weaknesses that have plagued past peacekeeping operations are as follows: • Traditional practices of peacekeeping must be viewed as only one part of an all-encompassing process that includes not only observation and enforcement but also peacebuilding and peacemaking. Individual peacekeeping operations should be planned to complement other initiatives such as diplomacy and mediation, negotiation, promotion of reconciliation, border demarcation and maintenance, humanitarian assistance, and economic reconstruction. • The Security Council should devise and implement a program for preventive diplomacy that includes a preventive peacekeeping element. The creation of a special stand-by force, available to the Security Council and the Secretary-General for rapid deployment, should be seriously considered. The Secretary-General should receive better intelligence regarding potential hot spots and be given greater freedom to dispatch envoys and military observers to volatile areas. • UN peacekeeping forces often provide ad hoc humanitarian assistance, while UN relief agencies often require military protection. The United
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•
•
• •
•
Nations should explore ways to intertwine these two functions more closely. The experience of the lightly armed, civilian UN Guard sent to protect Kurdish refugees in northern Iraq may provide useful pointers for future operations. The United Nations should consider undertaking a variety of new roles to deter conflict and defuse tension, including the dispatch of forces to threatened borders, the verification of local and regional agreements, and the encouragement of confidence-building measures. In order to eliminate the ambiguities in peacekeeping mandates, the Secretary-General’s authority to determine the objectives of peacekeeping operations should be strengthened. The Security Council must provide a mandate (mission statement) that can be easily translated into precise operational instructions, as well as adequate, financial, human, administrative, and materiel resources. The United Nations should give greater assistance, both diplomatic and material, to the peacekeeping efforts of regional organizations. Better training is required both for the troops that comprise UN peacekeeping forces and for UN administrators, especially the Secretariat staff assigned to manage operations. The Security Council and the UN membership as a whole should give greater support for the Secretary-General to exercise effective overall management of peacekeeping operations through an integrated team able to provide political and military advice and administrative support. (pp. 1–3)
1831. Roberts, Adam (2001). “Humanitarian Principles in International Politics in the 1990s,” pp. 23–54. In Humanitarian Studies Unit (Ed.) Reflections on Humanitarian Action: Principles, Ethics and Contradictions. Sterling, VA: Pluto Press. In this piece, Roberts, Montague Brown Professor of International Relations at the University of Oxford, discusses the changed role of International Humanitarian Law since 1989, explores the factors that have led to increased humanitarian intervention, and outlines six areas in which the emphasis on humanitarian issues has resulted in innovations (all involving the United Nations). The six areas he discusses are: facing the challenge of civil wars, establishing international tribunals as a response to war crimes, transformation of the refugee regime, the establishment of “safety zones,” combining peacekeeping with the protection of humanitarian action, and humanitarian intervention. The chapter concludes with a postscript on the 1999 Kosovo crisis in which the author addresses such questions as “Was NATO action over Kosovo legitimate under international law?”; “Why was there such heavy reliance
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on air power?”; and “What can be learned about responding to massive human rights violations?” 1832. Roberts, Adam, and Kingsbury, Benedict (Eds.) (1995). United Nations, Divided World: The UN’s Roles in International Relations. Oxford: Clarendon Press. 589 pp. This book, highly praised as an authoritative assessment of the United Nations between 1945 and 1993, brings together distinguished academic and senior UN officials in an examination of the UN development over its, roughly, first fifty years. Among the issues and concerns the various authors examine are: the rapid expansion of UN peacekeeping and election-monitoring activities; the consequences of the collapse of communism in eastern Europe and the Soviet Union; attempts to settle various regional conflicts; UN involvement in fractured societies, including Cambodia and the former Yugoslavia; and the increased focus on the political and resource limits of the UN’s capabilities. The book is sorely in need of updating in order to address the 1994 genocide in Rwanda, the tragic events that took place in so-called “safe areas” in the former Yugoslavia, and the events in Kosovo and East Timor in 1999. The book is comprised of the following thirteen chapters: 1. “Introduction: The UN’s Roles in International Society Since 1945” by Adam Roberts and Benedict Kingsbury; 2. “The Historical Development of the UN’s Role in International Security” by Michael Howard; 3. “The UN and International Security After the Cold War” by Brian Urquhart; 4. “The UN and the National Interests of States” by Anthony Parsons; 5. “The Role of the UN Secretary-General” by Javier Pérez de Cuéllar; 6. “The Good Offices Function of the UN Secretary-General” by Thomas M. Franck and Georg Nolte; 7. “UN Peacekeeping and Election-Monitoring” by Sally Morphet; 8. “The UN and Human Rights: At the End of the Beginning” by Tom J. Farer and Felice Gaer; 9. “The UN and the Problem of Economic Development” by Kenneth Dadzie; 10. “The UN and the Environment” by Patricia Binie; 11. “The UN and the Development of International Law” by Nagendra Singh; 12. “The Historical Development of Efforts to Reform the UN” by Maurice Bertrand; and 13. “The Structure of the UN in the Post-Cold War Period” by Peter Wilenski. While many of the chapters are germane—in one way or another—to the issue of genocide, chapters 8 and 11 specifically address the topic of genocide. 1833. Ruggie, John Gerard (1997). “The United Nations and the Collective Use of Force: Whither or Whether?” pp. 1–20. In Michael Pugh (Ed.) The UN, Peace and Force. London: Frank Cass and Company.
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In this essay, Ruggie, the John W. Burgess Professor of Political Science and International Affairs at Columbia University in New York City, argues that in the post-cold war era, the United Nations has yet to devise a precise formulation of the specific strategic requirements needed to implement a “robust” peace operation. He goes on to argue for—and to outline—“a more systematic doctrinal approach” towards such operations, and also suggests changes regarding the organization of command functions at UN headquarters and at the field level. Among the conflicts he addresses in his essay are the activities of the Khmer Rouge in Cambodia in the 1990s, the breakdown in the former Yugoslavia during the 1990s, and the fate of the Kurds in northern Iraq. 1834. Ryan, Stephen (1992). “The United Nations and the Resolution of Ethnic Conflict,” pp. 105–135. In Kumar Rupesinghe and Michiko Kuroda (Eds.) Early Warning and Conflict Resolution. New York: St. Martin’s Press. This chapter is comprised of the following sections: Introduction; The Processes of Ethnic Conflict Resolution (Peacekeeping and the United Nations, Peace-Making and the United Nations, Peace-Building and the United Nations, Conflict Avoidance and the UN Protection of Ethnic Minorities); and Conclusion. At the outset of his essay, Ryan discusses various points of view in regard to whether the United Nations is likely to play an active role in ethnic conflict resolution. Among those who doubt that the UN can play a positive role assert that “despite its name, [the UN] is an organization of states, and is primarily concerned with relations between these sovereign entities. Since many states feel threatened by ethnic sentiments held by groups of their population, they have, it is claimed, a vested interest in keeping ethnic issues off the UN agenda. . . . A further reason for doubting that the UN can play an effective role is that since many, but by no means all, ethnic conflicts are fought within the borders of a single sovereign state, they can be characterized as being within the domestic jurisdiction of the state concerned. [Many believe] this effectively inhibits UN involvement because of Article 2(7) of the UN Charter” (p. 108). Ryan goes on to state that “what is really interesting about the role of the UN, however, given these limitations, is not how infrequently the organization has become involved in ethnic conflict but how much time the organization has in fact devoted to such issues.” (p. 109) Ryan concludes by stating that “on the whole, the past record of the UN in responding to violent and protracted ethnic conflict is mixed. Where activities have been undertaken, they seem to have evolved in an ad hoc manner, and it is noteworthy that the UN Charter makes no mention of
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peacekeeping or peace-building activities, and does not mention ethnic groups” (p. 129). Though this essay is dated (e.g., Ryan concludes by stating “No UN peacekeeping forces have been deployed to areas of severe ethnic conflict since . . . 1978” (p. 132)), it is still an essay worth reading. 1835. Scheffer, David J. (1998). “U.N. Engagement in Ethnic Conflict,” pp. 147–177. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. Scheffer, U.S. ambassador at large for war crime, notes that Conventional wisdom assumes that U.N. engagement is limited to often ineffective peacekeeping operations in strife-torn countries. [P]eacekeeping, [though,] is only one of a wide range of tools the United Nations employs to varying effect in its efforts to manage ethnic conflicts. The law practices of the United Nations [vis-à-vis this issue] have evolved at an accelerating pace during the 1990s and in ways that would have astonished the framers of the Charter in 1945. They would not have anticipated that ethnic conflicts of largely internal character would necessitate U.N. engagement on so many fronts. But population growth, refugee flows, trade in conventional arms, the collapse of cold war discipline imposed by the superpowers, and the pursuit of power by local warlords for personal, nonideological gain have combined to create societies within which ethnic tensions —often already fueled by traditional interethnic bigotry—explode in ways that demand international attention. [Herein,] I focus on how the United Nations engages in ethnic conflicts, beginning in Part I with the goals of U.N. engagement, [which] include: containment of ethnic conflicts, support for self-determination, promotion of democracy, and institution building. The legal basis for the pursuit of these goals, particularly by the Security Council, is examined in Part II. Central to this is the analysis of the legal authority for peaceful measures (primarily under Chapter VI of the U.N. Charter), the legal authority for coercive measures (under Chapter VII or VIII of the Charter), and the legal authority for norm elaboration and quasi-judicial pronouncements (such as by the General Assembly or Economic and Social Council). Part III of this chapter examines the means by which the United Nations seeks to implement its policy goals. In particular, Part III discusses seven modes of engagement in ethnic conflicts: hortatory actions, diplomatic intervention, sanctions, military and humanitarian interventions, implementation of peace agreements, and international judicial intervention. In the conclusion, this chapter will discuss both the strengths and weaknesses of U.N. approaches to ethnic conflicts. (p. 147)
1836. Schnabel, Albrecht, and Thakur, Ramesh (2001). “From An Agenda for Peace to the Brahimi Report: Towards a New Era of UN Peace Operations?”, pp. 238–255. In Ramesh Thakur and Albrecht Schnabel (Eds.) United
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Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. Tokyo: United Nations University Press. This chapter’s focus is threefold. First, it succinctly discusses the failure of post-cold war peacekeeping efforts from the period of the 1992 Agenda for Peace to the 2000 Brahimi Report on UN peace operations. Second, it discusses the lessons learned from post-cold war peacekeeping practices as outlined in the Brahimi Report, as well as its recommendations for future peacekeeping operations. Third, it examines that which constitutes “effective conflict prevention and the implementation, if needed, of humanitarian enforcement operations in failing and failed states to protect basic rights and security needs of individuals.” (p. 239) The chapter is comprised of the following components: Hopes Belied: Boutros-Ghali’s An Agenda for Peace and an Empowered United Nations; When There Is No Peace to Keep: The Shift Towards Peace Enforcement; The Brahimi Report on UN Peace Operations; Assessing the Brahimi Report: Regional Perspective and the Way Forward; The New Challenges: Principled Intervention and Effective Prevention; and Mainstreaming Conflict Prevention. 1837. Secretary-General’s High-Level Panel on Threats, Challenges, and Change (2004). A More Secure World: Our Shared Responsibility: Report of the Secretary-General’s High-Level Panel on Threats, Challenges, and Change. New York: United Nations Department of Public Information. 129 pp. Several sections of this report are germane to the issues of peacekeeping and the prevention and intervention of genocide: Part 3. Collective Security and the Use of Force: IX. A. The questions of legality; IX B. The question of legitimacy); X. Peace enforcement and peacekeeping capability; XI. Post-Conflict peacebuilding; XII. Protecting civilians; and XV. A Peacebuilding Commission. 1838. Siekmann, Robert C. R. (1998). “The Fall of Srebrenica and the Attitude of Dutchbat from an International Legal Perspective,” pp. 301–312. In T. M. C. Asser Instiuut (Ed.) Yearbook of International Humanitarian Law. Volume 1. The Hague: T. M. C. Asser Press. At the outset of this piece, Siekmann, head of research of the T. M. C. Asser Institute for International Law in The Hague, notes that The question I wish to discuss here—and which seems to have been overly neglected, as if the Srebrenica tragedy took place in a legal vacuum—is how the behavior of Dutchbat may be qualified from a legal perspective. The first question concerns the relationship between the sending state, the Netherlands, and the U.N. peacekeeping force UNPROFOR. . . . The second question
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concerns whether Dutchbat acted in accordance with its mandate: Were the powers based on the mandate used or were the obligations arising from it met? In this, two phases may be distinguished: The attack on Srebrenica and the evacuation of its Muslim population. Both questions concern UN law on peacekeeping operations. The third and last question pertains to the witnessing of violations of international humanitarian law by Dutch UN soldiers during the evacuation of the Muslims: Does Dutchbat’s failure to intervene constitute a punishable act? (p. 302)
The piece is comprised of the following parts: I. Introduction; 2. UN Command and Involvement of the Netherlands; 3. Violation of the UN Mandate by Dutchbat? (3.1. The Bosnian Serb Attack on Srebrenica; 3.2. The Evacuation of the Muslims from Srebrenica); 4. Dutchbat as a Witness of War Crimes; and Conclusions. 1839. Smith, Michael G. (with Moreen Dee) (2002). Peacekeeping in East Timor: The Path to Independence. Boulder, CO: Lynne Rienner Publishers. 213 pp. The UN intervention in East Timor amply illustrates the type of complex operation that the United Nations increasingly is being asked to undertake. Smith analyzes the successes and failures of the UN Transitional Administration in East Timor (UNTAET), which was designed to work in partnership with the East Timorese in guiding the country to independence following the 1999 vote to secede from Indonesia. Smith (retired from the Australian army as a major after thirty-four years of service, he was deputy force commander of the UNTAET peacekeeping force from January 2000 through March 2001) provides a lucid first-hand account of a United Nations mission in the unfamiliar role of interim government—a mission dealing with critical requirements for good governance, sustainable development, and effective military and police forces. Evaluating the lessons learned from the experience, he highlights the urgent need for reforms within the UN. The absence of those reforms, he believes, will lead to more failed states, more refugees, more poverty, and more dead peacekeepers. The book is comprised of the following chapters: “UN Intervention in East Timor”; “East Timor’s Journey to Freedom”; UNTAET and the Path to Independence”; Lessons for Successful UN Intervention”; Military Lessons”; and “The Future.” 1840. Stedman, Stephen John (1996). “Consent, Neutrality, and Impartiality in the Tower of Babel and on the Frontlines: United Nations Peacekeeping in the 1990’s,” pp. 35–56. In Estanislao Angel Zawels, et al.’s Managing Arms in Peace Processes: The Issues. New York: United Nations Publications.
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At the outset of his essay, Stedman, a professor at the Johns Hopkins University School of Advanced International Studies in Washington, D.C., states that This paper seeks to cut through the confusion, lack of clarity, and ambiguity that currently surrounds the concepts of consent, neutrality, and impartiality. It offers an interpretive guide to competing meanings of these terms, and explores the policy implications of these competing meanings. The paper then uses evidence from recent UN peace operations to illustrate two major consequences of doctrinal confusion: 1. The incapability of concerted strategic action, and 2. The ill effects of applying traditional peacekeeping concepts to situations where the requisites of peacekeeping are absent. The paper concludes by arguing that the challenges of peacekeeping in the 1990’s require a new doctrine of peace operations that takes into account the hazards of implementing peace in civil wars. (p. 36)
The various sections of his essay are entitled as follows: I. Peacekeeping: Before and After 1989 (The Nature of Post-1989 Missions); II. The Tower of Babel (1. The Nordic Approach to Peacekeeping; 2. The British “Wider Peacekeeping”; 3. American Peacekeeping and the Grey Area; 4. French Peacekeeping and Active Impartiality); III. Comparison of Doctrines and Approaches, and IV. Evaluating Doctrines (1. Detrimental Effects of Competing Doctrines; 2. The Detrimental Effects of Misapplied Doctrines; and 3. Towards a New Doctrine). 1841. Taylor, Paul (1999). “The United Nations in the 1990s: Proactive Cosmopolitanism and the Issue of Sovereignty.” Political Studies, 47(3):538–565. This article by Taylor, professor of International Relations and department chair, London School of Economics, is comprised of the following sections and subsections: Introduction; The Evolution of the System (The Changing Role of the UN and Peace Maintenance; Peace Maintenance in Longer Perspective); The UN Agenda After the End of the Cold War (The New UN and Crisis Response; Democratization and Globalization); Sovereignty and Cosmopolitanism in the Late 1990s: A Neo-Westphalian System?); and Conclusions. 1842. Thakur, Ramesh, and Newman, Edward (Eds.) (2000). New Millennium, New Perspectives: The United Nations, Security, and Governance. Tokyo: United Nations University Press. 334 pp. New Millennium, New Perspectives: The United Nations, Security, and Governance “analyzes a number of pressing international challenges related to security and governance issues. The authors address a number of overarching issues—such as the impact of globalization, key challenges in the short and medium terms, the manner in which national governments and
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the international community might more broadly address the challenges, the comparative advantage enjoyed by the United Nations in working with the international community in addressing the challenges—and attempt to find points of commonality in problem solving ethos and methodology.” The various contributors “examine key international trends for security and governance, and consider their implications for the United Nations in the twenty-first century. It embraces a range of issues relating to traditional and non-traditional security, and changing pressures and expectations of governance within and across international borders.” The book includes numerous chapters directly related to various aspects of peace operations: “The Security Council the in the 1990s: Inconsistent, Improvisational, Indispensable?” by David M. Malone; “Intervention: Trends and Challenges” by Chantal de Jonge Oudraat; “’Alliances’ and Regional Security Developments: The Role of Regional Arrangements in the United Nations’ Promotion of Peace and Stability” by Brian Job; “’New’ and ‘Non-Traditional’ Security Challenges” by Paul Stares; “Civil Society and Global Governance” by Michael Edwards; and “The United Nations and Human Rights” by David Forsythe. 1843. Thakur, Ramesh, and Schnabel, Albrecht (Eds.) (2001). United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. New York: United Nations Press. 267 pp. This book is comprised of the following parts and essays: Part I: Challenge of Post-Cold War Peacekeeping (1. “Cascading Generations of Peacekeeping: Across the Mogadishu Line to Kosovo and Timor” by Ramesh Thakur and Albrecht Schnabel; 2. “Peacekeeping and the Violence in Ethnic Conflict” by Roger Mac Ginty and Gillian Robinson; 3. “The Role of the UN Secretariat in Organizing Peacekeeping” by Hisako Shimura; 4. “Policing the Peace” by Michael O’Connor); Part II: Regional Experiences (5. “Regional Peacekeeping in the CIS” by S. Neil MacFarlane; 6. “Towards More Effective Peace Operations: Learning from the African ‘Laboratory’?” by Mark Malan; 7. “Establishing the Credibility of a Regional Peacekeeping Capability” by Vere Hayes); Part III. Experiences from Cambodia, former Yugoslavia, and East Timor (8. “The Politics of UN Peacekeeping from Cambodia to Yugoslavia” by Yasushi Akashi; 9. “The Cambodian Experience: A Success Story Still?” by John Sanderson; 10. “UN Peacekeeping Operations in the former Yugoslavia—from UNPROFOR to Kosovo” by Satish Nambiar; 11. “Civilian Police in UN Peace Operations: Some Lessons from a Recent Australian Experience” by John McFarlane and William Maley); and Part IV: A New Beginning? The Road to Brahimi and Beyond (12. “Peacekeeping and the Changing Role of the United Nations: Four
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Dilemmas” by Margaret P. Karns and Karen A. Mingst; and 13. “From An Agenda for Peace to the Brahimi Report: Towards a New Era of UN Peace Operations?” by Albrecht Schnabel and Ramesh Thakur). 1844. Tharoor, Shashi (1995). “The Changing Face of Peace-Keeping and Peace Enforcement.” Fordham International Law Journal, 19(2):408–426. In the conclusion to this Essay, Tharoor, special assistant to the United Nations under-secretary-general for Peacekeeping Operations, argues that Peace-keeping today is in flux, if not in crisis. If it is to serve as a useful instrument in the maintenance of international peace and security, it needs conceptual clarity, political support, and financial resources. . . . For peace-keeping to remain effective in a changing world, its credibility must not be jeopardized by the application of peace-keeping to inappropriate situations, by the issuance of mandates unsupported by doctrinal consistency or military means, or by the undermining of its authority by attempts to reconcile peace-keeping with war-making under the rubric of peace-enforcement. (p. 426)
1845. Totten, Samuel (2005). “The United Nations and Genocide.” Society, May/ June, 42(4):6–13. This article provides a succinct overview of the United Nations’ efforts vis-à-vis the prevention and intervention of genocide in the 1990s. 1846. Totten, Samuel, and Bartrop, Paul (2005). “The United Nations and Genocide: Prevention, Intervention, and Prosecution,” pp. 113–146. In Samuel Totten (Ed.) Genocide at the Millennium. Genocide: A Critical Bibliographic Review. New Brunswick, NJ: Transaction Publishers. This essay by Totten (a genocide scholar based at the University of Arkansas, Fayetteville) and Bartrop (a historian based at Deakin University in Victoria, Australia) is comprised of the following sections: an overview of the UN’s efforts vis-à-vis the prevention and intervention of genocide, critical challenges and the likelihood of progress in meeting such challenges, and an annotated bibliography of key works. 1847. United Nations (1996). The Blue Helmets: A Review of United Nations Peace-Keeping. New York: United Nations Department of Public Information. 808 pp. Among the many issues discussed herein are the following: the United Nations Assistance Mission to Rwanda (UNAMIR), which neglected to prevent the 1994 Rwandan genocide; the United Nations Advance Mission in Cambodia (UNAMIC) and the United Nations Transitional Authority in Cambodia (UNTAC); the United Nations Protection Force (UNPROFOR), February 1992–March 1995, which faced so-called “ethnic cleansing,”
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summary executions, and rape in various areas, and the over-running of so-called safe areas” (e.g., in Gorazde and Srebrenica). During the Bosnian Serbs’ full-scale assault against the “safe area” of Srebrenica and UNPROFOR positions numerous human rights abuses were perpetrated against the population, including mass arbitrary detention of civilian men and boys and mass summary executions which resulted in genocide. An estimated twenty-five thousand people were forcibly evacuated and thousands of people were never “accounted” for. 1848. United Nations (2001). Report of the Panel on United Nations Peace Operations. New York: Author. n.p. This is the report (also known as the Brahimi Report, named after the chair of the group that wrote the report) of the panel convened by U.N. Secretary General Kofi A. Annan to undertake a thorough review of the United Nations peace and security activities, and to present a set of concrete recommendations to improve such activities. Among the many recommendations of this distinguished panel are the following: the pivotal importance of clear, credible and adequately resourced Security Council mandates; a focus by the United Nations system on conflict prevention and its early engagement, wherever possible; the need to have a more effective collection and assessment of information at United Nations headquarters, including an enhanced conflict early warning system that can detect and recognize the threat or risk of conflict—including genocide; the need to build the United Nations capacity to contribute to peace-building, both preventive and post-conflict, in a genuinely integrated manner; the necessity to provide field missions with high quality leaders and managers who are granted greater flexibility and autonomy by Headquarters, with clear mandate parameters, and with clear standards of accountability for both spending and results. The full report is available at http://www.un.org/ peace/reports/peace_operations/docs/full_report.htm. 1849. United Nations Institute for Disarmament Research (1996). Managing Arms in Peace Processes: Cambodia. New York and Geneva: United Nations. 254 pp. A major report on an issue/problem that often constitutes the bane of peacekeeping, peace enforcement, and peace-building efforts. 1850. United States Holocaust Memorial Museum (2002). “A Good Man in Hell: General Roméo Dallaire and the Rwanda Genocide.” (Note: This manuscript is available from the United States Holocaust Memorial Museum’s Committee on Conscience, 100 Raoul Wallenberg Place SW, Washington, D.C., 20024.)
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In this interview, conducted by journalist Ted Koppel, of General Dallaire, the head of a small UN peacekeeping force deployed in Rwanda in 1993, Dallaire is forthright, brutally honest, and withering in his attack regarding the weak mandate he was given by the United Nations once it became clear that a genocide was on the horizon. His bitter comments about the fact that he and his men were basically forced to watch as the 1994 Rwandan genocide took place in full sight and all around them are wrenching. He asserts that he and his men could have likely contained and halted the genocide had his request to UN headquarters for several more battalions been granted. 1851. Vaccaro, J. Matthew (1996). “The Politics of Genocide: Peacekeeping and Disaster Relief in Rwanda,” pp. 367–407. In William J. Durch (Ed.) UN Peacekeeping, American Politics, and the Uncivil Wars of the 1990s. New York: St. Martin’s Press. Vaccaro, who is a political-military planner in the office of the U.S. deputy secretary of defense for peacekeeping and humanitarian assistance, provides a detailed analysis of the peacekeeping mission in Rwanda prior to, during and following the 1994 Rwandan genocide in which an estimated eight hundred thousand to one million people were murdered. He asserts that three major shortcomings hindered the peacekeepers’ response to the crisis in Rwanda: (1) “the strategy adopted for UNAMIR I was too passive; (2) the UN Security Council decision-making process was ill-informed; and (3) the recent experience of dealing with civil war elsewhere [e.g., in Somalia] made states with the capability to act speedily to the trauma in Rwanda reluctant to do so” (pp. 339–440). 1852. Wahlgren, Lars-Eric (1998). “Start and End of Srebrenica,” pp. 168–185. In Wolfgang Biermann and Martin Vadset (Eds.) UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia: Peacekeepers’ Views on the Limits and Possibilities of the United Nations in a Civil War- like Conflict. Aldershot, England: Ashgate. In his introduction, Wahlgren, who was force commander of UNPROFOR from February to July 1993, writes: “Much has been said and written about the Safe Area concept, but not so much by us who were there in the field and acted day by day when the Safe Area concept was established. . . . It is important to have simple rules of experience from the field [impartiality, separation of the fighting parties, and avoiding the co-deployment of UN troops with those of the parties] in mind when discussing the start and end of Srebrencia and include them among the lessons learned from former Yugoslavia” (p. 168). The chapter is comprised of the following components: General Situation of Security Council Resolution 819; Staff Work on the Safe Area in
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UNPROFOR HQ Prior to Security Council Resolution 819 (SCR 819, 16 April 1993); Staff Work on the Safe Area in UNPROFOR HQ Prior to Security Council Resolution 824 (SCR 824, 6 May 1993); Staff Work on the Safe Area in UNPROFOR HQ Prior to Security Council Resolution 836 (SCR 836, 4 June 1993); The Development in the Safe Area and Security Council Resolution (SC 844); Non-Support of UN Sanctions and UN Resolutions; and Analysis of the Course of Events (Lessons Learned From Safe Areas). 1853. Weiss, Thomas G. (1999). “Civilian-Military Interactions and Ongoing UN Reforms: DHA’s Past and OCHA’s Remaining Challenges,” pp. 49–70. In Jim Whitman (Ed.) Peacekeeping and the UN Agencies. London: Frank Cass Publishers. In his introduction, Weiss, Distinguished Professor of Political Science at the Graduate School and University Center, the City University of New York, writes that The pragmatic and visionary options for the creation of a successor to the UN Department of Humanitarian Affairs [DHA] are outlined, together with the political and bureaucratic considerations which led instead to the establishment of the Office for the Coordination of Humanitarian Affairs [OCHA], which falls short of what was possible as well as desirable. In order to appreciate the forces which are likely to converge on OCHA, a history of the formation and performance of DHA is detailed, followed by an examination of the prospects for OCHA in meeting its three stated core functions: policy development, advocacy, and coordination. Despite a number of improvements over the form and standing of its predecessor, OCHA’s prospects for success are constrained by the nature and extent of the UN reform process, the operational realities of humanitarian operations, a variety of unaddressed institutional inadequacies, and entrenched resistance to coordination. (p. 49)
1854. Weiss, Thomas G. (1998). “Collective Humanitarian Conflict Management: More or Less than the Millennium?” pp. 205–233. In Joseph Lepgold and Thomas G. Weiss (Eds.) Collective Conflict Management and Changing World Politics. Albany: State University of New York Press. Weiss, who was a research professor and director of the Research Program on Global Security at Brown University’s Thomas J. Watson, Jr. Institute for International Studies when he wrote this piece, notes that this chapter “takes stock of the UN’s strengths and weaknesses and suggests a few ways to remedy the latter. It surveys recent literature about peace operations and argues that under certain circumstances collective conflict management can work. It concludes by describing some new elements of an effective system” (p. 206). In addressing the latter issues, Weiss discusses dominant trends vis-à-vis the UN’s handling of post-Cold War crises, asks “Is
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There an Agenda for Peace?”, examines the post-cold war literature on UN peacekeeping, discusses some key conceptual problems vis-à-vis UN peacekeeping operations, and offers three policy suggestions. 1855. Weiss, Thomas G. (1996). “Collective Spinelessness: UN Actions in the Former Yugoslavia,” pp. 59–96. In Richard H. Ullman (Ed.) The World and Yugoslavia’s Wars. New York: Council on Foreign Relations. In his introduction, Weiss, associate director of Brown University’s Watson Institute for International Studies, states that Long before the presidents of Serbia, Croatia, and Bosnia initiated a peace settlement [the Dayton Accords] culminating three weeks of roller-coaster negotiations at Wright-Patterson Air Force Base, the United Nations was at the center of ongoing controversy in the former Yugoslavia. Throughout four years of fratricide, the world organization was embroiled among competing ethnic groups and confronted thorny questions about sovereignty, human rights, and the use of force to sustain international norms. This chapter details the painful dithering and ineffectiveness of UN actions from the beginning of the end of Yugoslavia on June 25, 1991, until the agreement on November 21, 1995, that partitioned Bosnia-Herzegovina into a Muslim-Croat federation and a Bosnia-Serb entity while reserving the fiction of a central government of a multi-ethnic state with its seat in Sarajevo. (p. 59)
1856. Weiss, Thomas G. (1993). “Intervention and Genocide.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:6–7. As part of a forum (“A Forum on Prevention of Genocide and Mass Killing”) organized by the New York City-based Institute for the Study of Genocide, and in response to two questions (“What should be the preconditions for creating and recognizing new states and retracting (or suspending) recognition?” and “What other solutions would you recommend to rectify the past discrimination of regional or dispersed minorities who have experienced denial of civil and political rights?”) posited to the panelists, Weiss (then associate director of Brown University’s Thomas J. Watson Institute for International Studies) delineates that which constitutes intervention, provides a more precise definition of “international intervention,” and discusses the West’s and the United Nation’s tentative, half-hearted, and often disastrous interventions in various crisis-situations in the early 1990s (and, in particular, the situation in the former Yugoslavia). In regard to the latter, Weiss trenchantly comments that Incremental measures under United Nations auspices paradoxically fostered Serbia’s genocidal war aims. Given their traditional constraints and operating procedures, UN soldiers were not strong enough to deter the Serbs. But they deterred the international community from more assertive intervention because the troops, along with aid workers, were vulnerable targets. While assistance
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to refugees saved lives, it also helped foster ethnic cleansing by stimulating movement of unwanted populations. Air-drops of food made it seem as if people counted; while massive and unspeakable human rights abuses and war crimes continued unabated. Inadequate military and humanitarian action, combined with half-hearted sanctions and a negotiating charade, thus constituted a powerful diversion. They collectively impeded more vigorous Western diplomatic and military pressure for lifting the arms embargo for Muslims to help level the killing fields. (p. 7)
1857. Weiss, Thomas G. (1993). “New Challenges for UN Military Operations: Implementing An Agenda for Peace.” The Washington Quarterly, Winter, 51–66. Weiss discusses the prospects for implementing the proposals set out in UN Secretary General Boutros Boutros Ghali’s Agenda for Peace—and particularly those situations which requires the use of outside military forces. More specifically, “the purpose is to review those significant conceptual, operational, and political changes that will be necessary if new thinking about international peace and security put forward by the UN’s chief executive office is to be implemented. . . . The article begins with a description of the historical context in which the new possibilities for the UN must be understood and evaluated. There is a brief discussion of cold war peace keeping, and that is followed by a discussion of UN mounted or UN-sanctioned military operations over the last five years [between 1988 and 1993] (p. 51). The latter is followed by a series of suggestions for carrying out the agenda. 1858. Weiss, Thomas G.; Forsythe, David P.; and Coate, Roger A. (2001). The United Nations and Changing World Politics. Boulder, CO: Westview Press. 370 pp. This book (written by Weiss, Presidential Professor at The Graduate Center of the City University of New York; Forsythe, professor of Political Science at the University of Nebraska at Lincoln; and Coate, professor of government and international studies at the University of South Carolina) is comprised of three parts and ten chapters: Part One: International Peace and Security (1.”The Theory of UN Collective Security”; 2. “The Reality of UN Security Efforts During the Cold War”; 3. “UN Security Operations After the Cold War”; and 4. “Groping into the Twenty-First Century”); Part Two: Human Rights and Humanitarian Affairs (5. “The United Nations, Human Rights, and Humanitarian Affairs: The Theory”; 6. “The United Nations and Applying Human Rights Standards”; and 7. “Change, the United Nations, and Human Rights”); and Part Three: Building Peace Through Sustainable Development (8. “Development and the United Nations: The
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First Three Decades”; 9. “Ecodevelopment and the United Nations,” and 10. “Sustainable Development and Human Security: Problem and Prospects for the 2000s”). 1859. Whitman, Jim (Ed.) (1999). Peacekeeping and the UN Agencies. London: Frank Cass Publishers. 143 pp. This book, edited by a senior research associate on the faculty of the Social and Political Sciences Department at Cambridge University, is comprised of the following chapters: “Clash and Harmony in Promoting Peace: Overview” by Leon Gordenker; “Peacekeeping and Refugee Relief” by Kathleen Newland and Deborah Waller Meyers; “The World Health Organization and Peacekeeping” by Yves Beigbeder; “Civilian-Military Interactions and Ongoing UN Reforms: DHA’s [Department of Humanitarian Affairs] Past and OCHA’s [Office for the Coordination of Humanitarian Affairs] Remaining Challenges” by Thomas G. Weiss; “Complex Emergencies, Peacekeeping and the World Food Programme” by Raymond F. Hopkins; “The United Nations Development Programme: The Development of Peace?” by Dennis Dijkzeul; and “The UN Specialized Agencies, Peacekeeping and the Enactment of Values” by Jim Whitman. 1860. Whitman, Jim (1996). “The UN Specialized Agencies, Peacekeeping and the Enactment of Values,” pp. 120–137. In Jim Whitman (Ed.) Peacekeeping and the UN Agencies. London: Frank Cass. Whitman, senior research associate at the faculty of the Social and Political Sciences at Cambridge University, argues that the values at the heart of the United Nations system and its major specialized agencies are diminished by the operational demands of humanitarian disaster and the necessity of working in tandem with peacekeeping operations. More specifically, he argues, emergency humanitarianism not only diverts human and material resources away from key developmental efforts, but also from the normative work of the specialized agencies. 1861. Williams, Michael C. (1998). “Civil-Military Relations and Peacekeeping.” Adelphi Paper 321. New York: Oxford University Press. 93 pp. In this monograph, Williams, senior consultant in the office of the United Nations High Commissioner for Refugees (UNHCR), argues that peacekeeping operations in the 1990s were marked by insufficient military input at the strategic level, unclear mandates, and weak command and control by the UN. He also argues that in the field, whether under UN or NATO auspices, missions were hampered by the culture clash between civilians and the military, by poor coordination of civilian and military tasks, by
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inadequate military training to meet peacekeeping’s specific demands, and by differing approaches to human-rights issues and the media. Williams argues that steps must be taken to improve civil-military relations. Among the latter, he suggests, are increased military input in framing peacekeeping mandates, improved political guidance for commanders on the ground, and training to meet peacekeeping’s particular needs. He also argues that civil-military relations in peacekeeping require a continuing dialogue between the two sides to strengthen the effectiveness of international intervention and minimize competition and conflict. 1862. Woocher, Lawrence (2007). “Peace Operations and Genocide.” In Samuel Totten (Ed.) The Prevention and Intervention of Genocide: A Critical Bibliographic Review. New Brunswick, NJ: Transaction Press. This piece includes a succinct but informative overview vis-à-vis the issue of peace operations and genocide, as well as a short annotated bibliography of key works on the topic. 1863. Woodhouse, Tom, and Ramsbotham, Oliver (Eds.) (2000). Peacekeeping and Conflict Resolution. London and Portland, OR: Frank Cass Publishers. 269 pp. This volume considers the contribution that conflict resolution can make in the development of the new concepts and practices of peacekeeping called for by the United Nations peacekeeping forces. The book is comprised of the following chapters by the following authors: “Conflict Resolution and Peacekeeping: Critiques and Responses” by Tom Woodhouse; “United Nations Peacekeeping: A Matter of Principles?” by Stephen Ryan; “Defining Warlords” by John MacKinlay; “Sharpening the Weapons of Peace: Peace Support Operations and Complex Emergencies” by Philip Wilkinson; “Organizing for Effective Peacebuilding” by David Last; “Working with Ethno-political Conflict: A Multi-modal Approach” by Sean Byrne and Loraleigh Keashly; “NGOs, Conflict Management and Peacekeeping” by Pamela Aall; “Cultural Issues in Contemporary Peacekeeping” by Tamara Duffey; “Reflections on UN Post-Settlement Peacebuilding” by Oliver Ramsbotham; “Peacekeeping, Conflict Resolution and Peacebuilding: A Reconsideration of Theoretical Frameworks” by A. B. Fetherston; and “Conflict Prevention: Options for Rapid Deployment and UN Standing Forces” by H. Peter Langille. 1864. Woodhouse, Tom; Bruce, Robert; and Dando, Malcolm (Eds.) (1998). Peacekeeping and Peacemaking: Towards Effective Intervention in PostCold War Conflicts. New York: St. Martin’s Press. 297 pp.
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In a review of this book in Foreign Affairs (July/August, 1998), John Hillen, the Olin Fellow for National Security of the Council on Foreign Relations in Washington, D.C., writes that: In general, the academically oriented Peacekeeping and Peacemaking splits its time between a postmortem of the New World Order’s first seven years and some prescriptions on what it calls the middle power model . . . in which states come to the realization that their interests can most fully be realized through international cooperation and that it is to their advantage to strengthen the capacity of “organizations of cooperation” to be effective. This is then a plan for small but committed international leaders such as Australia, Sweden, Canada, and Norway to use the United Nations to box above their weight. Unfortunately, much of the book was completed before many observers realized just how much a few great powers can knock around “organizations of cooperation” like the United Nations and why they might do so. While the message from editor Tom Woodhouse and some of his authors is that both the United Nations and peacekeeping need to be reformed and strengthened, the 1995 conference that spawned this volume was convened only a few months after [then UN Secretary-General] Boutros-Ghali virtually gave up on his ambitious ideas of 1992. In his 1995 supplement to An Agenda for Peace, the frustrated secretary-general wrote that “It would be folly to attempt further efforts of peace enforcement while the United Nations was “hard pressed to handle the less demanding peacemaking and peacekeeping responsibilities entrusted to it.” Boutros-Ghali had ridden the roller coaster of U.N.-managed collective security for three years and had run up against several immutable obstacles that might have informed the Woodhouse book to greater effect—namely, that in order for any institution to manage complex multinational military operations, it must have practiced military institutions, organizations, procedures, and structures to do so. Except for the rare military alliance in which these means are shared by a select few (NATO, for instance), states tend not to pool those vestiges of sovereignty that will allow an international organization the legitimacy needed to manage dynamic military operations. (pp. 99–100)
1865. Wulf, Herbert (2006). Internationalizing and Privatizing War and Peace. New York: Palgrave Macmillan. 272 pp. As the outsourcing of military duties to the private sector increases important security functions will slowly but surely fall out of the of control of parliaments, national governments and international authorities. Herein, Wulf discusses these and other matters and how they are likely to have profound ramifications for humanity across the globe. The book is comprised of the following parts and chapters: “Introduction: New Wars and the Bumpy Ride to Peace Building”; Part 1: Concepts (“Internationalizing Armed Forces and their Development”; “Privatizing Power: The ‘Lean’ State and the Armed Forces”); Part II: International
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Interventions and Privatizing Military Functions (“With the Highest Authority: UN-Peacekeeping Missions”; “South Africa: From Pariah to Regional Cop”; “European Union: Civil Power in Camouflage”; “Co-Operations, Competition and Collateral Damage in Humanitarian Interventions”; “Rent-A-Soldier: Privatization in the US and UK”; Armed Forces”); and Part III. Conclusions (“Internationalizing and Privatizing War and Peace” and “Annex: Private Military Companies”). 1866. Wurmser, David, and Dyke, Nancy B. (1993). The Professionalization of Peacekeeping: A Study Group Report. Washington, D.C.: United States Institute of Peace. 71 pp. In October 1992, the United States Institute of Peace established a study group entitled “The Professionalization of Peacekeeping” in order to consider how UN peacekeeping operations could be made more effective, primarily through practical reforms, for the post-cold war era. This booklet constitutes the group’s report. It is comprised of the following nine sections: I. “Introduction”; II. “Peacekeeping in the Post-Cold War World”; III. “Distinction Between Peacekeeping and Peace Enforcement”; IV. “Mandates and Rules of Engagement”; V. “The UN Peacekeeping Structure and Its Shortcomings”; VI. “New Methods and Structures for Setting Mandates and Rules of Engagement”; VII. “New Methods of Training and Supporting Peacekeeping Troops”; VIII. “Providing Western Resources and Expertise to Peacekeeping”; and IX. In “Conclusion: The Case of Somalia.” 1867. Zawels, Estanislao Angel; Stedman, Stephen John; Daniel, Donald C. F.; Cox, David; Boulden, Jane; Tanner, Fred; Potgieter, Jakkie; and Gamba, Virginia (1996). Managing Arms in Peace Processes: The Issues. New York: United Nations Publications. 234 pp. This report addresses major issues relating to demobilization, disarmament, and the control of weapons during UN peace operations—issues that have been deemed critical for the success or failure of such missions. The report is comprised of the following seven chapters: 1. “Specificity in Peacekeeping Operation Mandates: The Evolution of [UN] Security Council Methods of Work” by Estanislao Angel Zawels; 2. “Consent, Neutrality, and Impartiality in the Tower of Babel and on the Frontlines: United Nations Peacekeeping in the 1990’s” by Stephen John Stedman; 3. “Is There a Middle Option in Peace Support Operations? Implications for Crisis Containment and Disarmament” by Donald C. F. Daniel; 4. “Peacekeeping and Disarmament: Peace Agreements, Security Council Mandates, and the Disarmament Experience” by David Cox; 5. “Rules of Engagement, Force Structure and Composition in United Nations Disarmament Operations” by Jane Boulden; 6. “Consensual Versus Coercive Disarmament” by Fred
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Tanner; and 7. “Concluding Summary: Multinational Peace Operations and the Enforcement of Consensual Disarmament” by Virginia Gamba and Jakkie Potgieter. 1868. Zwanenburg, Marten (1999). “Double Standards in Peacekeeping? Subcontracting and International Humanitarian Law.” Leiden Journal of International Law, 12(4):753–757. Zwanenburg, an editor with the Leiden Journal of International Law, discusses the issue as to how the United Nations, in the 1990s, increasingly “subcontracted” peacekeeping and peace enforcement operations to private security firms and others in such places as Somalia, Rwanda, and East Timor. Zwanenburg’s main concern is with “the limited attention paid to [the violations of international humanitarian law by such ‘subcontractors’] in contrast to the increased concern with respect for international humanitarian law by forces under UN command and control” (p. 753). Ultimately, he argues that “the U.N. should ensure that “’subcontracting’ does not lead to the lowering of standards of international humanitarian law” (p. 753). D. Peace Enforcement 1869. Akashi, Yasushi (2001). “The Politics of UN Peacekeeping from Cambodia to Yugoslavia,” pp. 149–154. In Ramesh Thakur and Albrecht Schnabel (Eds.) United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. Tokyo: United Nations University Press. Akashi concludes this chapter by stating the following: In the author’s view, the United Nations is groping today for the “fourthgeneration” peacekeeping operation, which lies somewhere between the “second-generation” [e.g., in which, at the end of the Cold War, the United Nations became a vital link between war and peace by establishing a transitional authority to fill a vacuum of political power] and “third-generation” peacekeeping operations [where the United Nations embarked on limited peace enforcement tasks]. Thought is being given to the nature of the “consent of the parties” required as well as to the realistic “rules of engagement.” For example, the UN Peacekeeping Operation in East Timor [1999–2001] has robust rules of engagement. The distinction and elaboration between strategic” and “tactical” consent of the parties is also important. Furthermore, the “minimum use of force for self-defense” may have to be prudently expanded to include the “defense of missions.” In a massive humanitarian tragedy and a large-scale violation of human rights, the principle of impartiality of the United Nations may have to be somewhat modified.” (pp. 153–154)
1870. Aksu, Esref (2004). The United Nations, Intra-State Peacekeeping and Normative Change. Manchester: Manchester University Press. 256 pp.
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See annotation # 1762. 1871. Alagappa, Muthiah, and Inoguchi, Takashi (Eds.) (2004). International Security Management and the United Nations: The United Nations System in the 21st Century. New York: Manas Publications. 489 pp. In this book, the editors, Muthiah Alagappa (senior fellow at the East West Center, Honolulu) and Takashi Inoguchi (professor at the University of Tokyo’s Institute of Oriental Culture), along with their contributors, address such questions as the following: “What kind of comparative advantage does the United Nations hold in the field of security compared to other states and regional organizations?”; “What kinds of assets does the United Nations have in terms of normative as well as operational capacities that states and regional arrangements lack?”; “What assets does the United Nations possess to effectively deal with security issues?”; “What are the security perspectives of the member states, and especially of the major powers?”; What kinds of visions do states have for the United Nations in the field of security?”; “How can the United Nations minimize the volatility of member states and their reluctance to give support in the field of security?”; and “How is it possible to organize and secure a real and effective partnership between the United Nations and member states regarding conflict prevention and conflict management?” 1872. Alger, Chadwick F. (Ed.) (1998). The Future of the United Nations System: Potential for the Twenty-First Century. Tokyo: United Nations University Press. 450 pp. See annotation # 1764. 1873. Annan, Kofi A. (2000). “The Peacekeeping Prescription,” pp. 173–187. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. See annotation # 1765. 1874. Barnett, Michael N. (1996). “The Politics of Indifference at the United Nations and Genocide in Rwanda and Burundi,” pp. 128–162. In Thomas Cushman and Stejepan G. Mestrovic (Eds.) This Time We Knew: Western Responses to Genocide in Bosnia. New York: New York University Press. See annotation # 1770. 1875. Bellamy, Alex J.; Williams, Paul; and Griffin, Stuart (2004).Understanding Peacekeeping. Cambridge: Polity. 325 pp. This book is comprised of the following parts and chapters: Part 1: Concepts and Issues (1. “Peacekeeping in Global Politics”; 2. “Who Are the Peacekeepers?”); Part 2: Historical Development (3 “The Early Peacekeepers”;
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4. “Peacekeeping After the Cold War”); Part 3: Types of Peacekeeping (5. “Traditional Peacekeeping”; 6. “Managing Transition”; 7. “Wider Peacekeeping”; 8. “Peace Enforcement”; 9. “Peace-Support Operations”); and Part 4: Contemporary Challenges (10. “Globalization”; 11. “Subcontracting”; 12. “Transitional Administrations”; and 13. “Preventing Violent Conflict:”). 1876. Berdal, Mats R. (1993). “Whither UN Peacekeeping? An Analysis of the Changing Military Requirements of UN Peacekeeping with Proposals for Its Enhancement.” Adelphi Paper 381, October. London: Brassey’s Ltd. for the International Institute for Strategic Studies. 88 pp. This monograph, written by a research associate at the International Institute for Strategic Studies, is comprised of three mains parts: Chapter I. “The Changing Nature of UN Peacekeeping”; Chapter II. “The Challenges of Contemporary Peacekeeping”; and Chapter III. “Enhancing UN Peacekeeping Operations.” 1877. Bhatia, Michael V. (2003). War and Intervention: Issues for Contemporary Peace Operations. Bloomfield, CT: Kumarian Press. 222 pp. This book is comprised of the following: 1. Introduction; 2. Background: The United Nations, the United States, and Ground Intervention; 3. The Operational Environment: Dissolution and Globalization; 4. Contemporary Peace Operations: Administering Territory; 5. The Military Dimension: Methods and Emerging Capabilities; and 6. Afterward and Aftermath. Among the genocides discussed herein are those that were committed in Rwanda and the former Yugoslavia. Also discussed is the 1999 intervention in East Timor. 1878. Biermann, Wolfgang, and Vadset, Martin (Eds.) (1998). UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia —Peacekeepers’ Views on the Limits and Possibilities of the United Nations in Civil War-like Conflict. Aldershot, UK: Ashgate. 378 pp. See annotation # 1773. 1879. Boutros-Ghali, Boutros (1995).Confronting New Challenges: Annual Report on the Work of the Organization, 1995. New York: United Nations Department of Public Information. 380 pp. See annotation # 1739. 1880. Bowen, Desmond (2000). “Something Must Be Done—Military Intervention.” Studies in Conflict and Terrorism. January-March, 23(1):1–19. In this essay, Bowen, who works at England’s Ministry of Defence, explores what he deems “the proper employment of military forces and
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personnel in peace operations undertaken or authorized by the UN” (p. 1). In doing so, he examines the nature of the military, the context of military intervention, the application of military intervention under the auspices of the UN, and various “tests”/parameters that should be met before military intervention is used. Among such tests and parameters are the following: “The international community’s objective has to be a political solution to the underlying problem that has given rise to the conflict or humanitarian disaster; Intervention by outside armed forces should not take place in the absence of a political process which will ultimately render the intervention force redundant; The military task to be undertaken has to be clearly defined, and carefully weighed; The success of the intervention must be ascertained; The physician’s precept of ‘do no harm’ must be heeded; The fact that military action is an instrument of politics must be understood; and There will be exceptions in the case of humanitarian disasters” (e.g., the perpetration of genocide) (pp. 15–18). 1881. Chilton, Patricia; Nassaver, Otfried; Plesch, Dan; and Patten, Jamie (1994). NATO, Peacekeeping, and the United Nations. London: British American Security Information Council. 60 pp., plus 13 pages of appendices. A highly critical examination of post-cold war peacekeeping efforts. In the executive summary, the authors write as follows: The United Nations, NATO, the Conference on Security and Cooperation in Europe (CSCE), the Western European Union, and their member states are all competing for influence over peacekeeping activity. Peacekeeping was originally intended to be a service to the international community as a means of maintaining peace. Since the end of the Cold War, peacekeeping has increasingly become applied to the traditional military and political polices of nation states. Peacekeeping itself is becoming as much a source of instability as it is an attractive new label of old-style intervention. [M]ore paradoxically, the new peacekeeping order seems to be leading to a growing unwillingness to intervene effectively, in instances where an impartial military presence could make a difference to the fate of countless innocent civilians. The competition between “interblocking” institutions and the devaluing of peacekeeping by leading nations have, in many cases, multiplied the problems faced by individuals attempting to help, and those simply trying to survive [various] traged[ies]. . . . NATO, the U.S. and other leading nations seem to have returned to the idea that traditional coalitions and alliances are more trustworthy than collective security. The lessons of the century which led to the foundation of the UN may be abandoned by default. This report explains the mechanics of how the struggle for power and influence in the realm of peacekeeping is taking place. Chapters two, three and four explain the development of political-military policies on peacekeeping by the UN, NATO, the North Atlantic Cooperation Council and leading nations
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(United States, United Kingdom, France and Russia). The evaluation is based on primary sources which until now have not been available to the public. Chapters five and six analyze the command, control and intelligence policies of peace operations. These policies are the most crucial levers for transmitting political intentions into military action, thereby ensuring that operations are carried out on behalf of a particular interest. Chapter seven looks at some of the consequences that the struggle for jurisdiction over peacekeeping missions may have for the UN. (pp. i–ii)
1882. Chopra, Jarat (1999). Peace-Maintenance: The Evolution of International Political Authority. New York: Routledge. 261 pp. In this book, the director of the international relations program at Brown University (and the individual who developed the concept and coined the term “peace maintenance”) examines the controversial concept of peace maintenance that has evolved out of diplomatic peacekeeping and military peace-enforcement. In doing so, Chopra also delineates the limitations of traditional peacekeeping principles, and traces the evolution of the political, administrative, and legal and judicial ingredients of international authority. 1883. Ciechanski, Jerzy (1997). “Enforcement Measures Under Chapter VII of the UN Charter: UN Practice After the Cold War,” pp. 82–104. In Michael Pugh (Ed.) The UN, Peace, and Force. London: Frank Cass and Company. In this provocative essay, Ciechanski (professor of Political Science at the University of Dayton, Ohio) addresses the following issues: post-cold war resolutions under Chapter VII; Chapter VII as a “legitimizer of the legal use of force”; the mistake of “forcible peacekeeping”; and international legislation by the Security Council. Among the conflicts he alludes to and/ or discusses are those in the former Yugoslavia, the plight of the Kurds in northern Iraq, and the 1994 genocide in Rwanda. In concluding his essay, Ciechanski, in part, writes as follows: States have reviewed their positions and begun expressing reservations about the Security Council’s use of Chapter VII. A number of Third World countries have quite consistently stressed the importance of the inviolability of the domestic jurisdiction of states which should not be circumvented by the Security Council under any pretext. [For example,] after the Gulf War, several major countries (e.g., China, India, and Zimbabwe) were uneasy about the Security Council taking up in resolution 688 (5, April, 1991), the question of gross violations by the government of Iraq of human rights of Iraqi Kurds and Shi’i Muslims, believing that the Council transgressed the limits of its jurisdiction. China and Zimbabwe took an identical position during the Security Council debate (13 and 16 November 1992) on human rights abuses in Yugoslavia. Finally, since August 1994, Burundi has continually rejected, as an intervention in its
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internal affairs, offers by the Secretary General and Security Council of a UN peacekeeping force to contain growing tribal violence. As an expression of resistance to the Security Council’s improper encroachments, the 1992 Non-Aligned Conference called on the UN to always remain “in full respect of the principles of sovereignty and non-interference in the internal affairs of states.” Furthermore, since the 1991 Gulf War, many Third World states have also insisted on a restructuring which would make the Security Council even less capable of decisive action. The Western states have also lost some of their early enthusiasm, especially with regard to large intrusive peacekeeping operations. They seem to be less concerned with legal and more with practical limits of Security Council activism in the Westphalian international system. Some of the force suppliers rejected the notion of their contingents being used in forcible military operations either under Chapter VII or under the rules of self-defense, the scope of which broadened considerably as the peacekeeping mandates became more activist. (pp. 97–98)
1884. Daniel, Donald, C. F., and Hayes, Bradd (1997). “Securing Observance of UN Mandates Through the Employment of Military Force,” pp. 105–125. In Michael Pugh (Ed.) The UN, Peace and Force. London: Frank Cass Publishers. The authors (director and assistant director, respectively, of the Strategic Research Department, Center for Naval Warfare Studies, U.S. Naval War College) discuss the complexities of post-1987 UN military operations and the conceptual confusion they resulted in; the distinctions between peacekeeping, inducement, and enforcement; and ways in which the UN has begun to address some of the many problems plaguing military operations. They conclude by providing a series of recommendations for additional changes and reforms. Particularly interesting is a list of factors the authors present that reportedly facilitate coalition effectiveness: • Sharing early warning and other intelligence information; • Centralizing planning and operations staffs; • Making available quick-response and follow-on units which complement each other and are well equipped and trained for the tasks at hand; • Arranging to transport and support units; • Utilizing equipment which is interoperable (especially equipment which allows communications between national contingents and across services); • Making available personnel who speak a common coalition language . . . ; • Operating according to standard or complementary practices and procedures;
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• Having a basic understanding of how their fellow coalition members do business militarily; • Formulating and applying commonly understood rules of engagement; • Abiding by the principle of unit of command . . . ; • Resolving to stay the course until objectives are achieved or collectively modified (p. 112). They note that among the UN reforms instituted in the 1990s were as follows: • Made extensive administrative restructuring involving the carving out of three new “action” departments—Political Affairs (DPA); Humanitarian Affairs (DHA), and Peacekeeping Operations (DPKO)—in order to rationalize both the division of labour as well as lines of authority and responsibility; • Formed a senior-level task force to develop co-ordination and procedural arrangements in order to improve inter-departmental communication and co-operation; • Assigned early warning responsibilities to DPA and, in humanitarian relief situations, to DHA; • Established a Situation Centre in DPKO which maintains around-theclock links with field operations; • Transferred the Field Operations Division (renamed the Field Administration and Logistic Division) from the Department of Administration and Management to DPKO to make it more responsive to mandated missions and answerable primarily to DPKO, its major client; • Initiated a programme for more regular consultations on peacekeeping between Secretariat officials, the Security Council, troop contributing nations, and other member states . . . ; • Created a system of stand-by forces and capabilities which members states agree to maintain and make available for possible call-up when required for mandated peace operations; • Acquired a facility in Brindisi, Italy, to store and maintain excess equipment and the assembling of mission start-up kits (p. 114). The authors then delineate a set of recommendations that still must be made: the UN Security Council should take full responsibility for mandates; the UN Security Council must ensure that adequate resources are available and supplied in order to support the mandates of missions; the SecretaryGeneral should be relieved of responsibilities for enforcement missions, and the latter should be turned over to the Security Council; the need for the establishment of a standing command-and-control cadre; and the need for established criteria for making the decision to conduct inducement and enforcement efforts.
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The authors go on to assert that “This last criteria must necessarily involve the U.N. in triage” (p. 121). 1885. Diehl, Paul F. (1998). “Peacekeeping in Somalia, Cambodia, and the Former Yugoslavia,” pp. 152–173. In Roger E. Kanet (Ed.) Resolving Regional Conflicts. Urbana: University of Illinois Press. In this essay, Diehl, professor of Political Science at the University of Illinois at Urbana-Champaign, evaluates the success of UN peacekeeping operations in three of the most prominent operations of the early 1990s: the United Nations Transitional Authority in Cambodia (UNTAC); the United Nations Operation in Somalia (UNOSOM I and II); and the United Nations Protection Force in the former Yugoslavia (UNPROFOR). In his introduction, Diehl makes the following assertions and observations: These three operations are good tests of the United Nations in the new world order because they reflect different situations, and involve a variety of tasks for the peacekeeping forces, including some nontraditional roles. In that sense they can be considered “second-generation multinational forces.” The Cambodian operation occurred following a peace agreement among all relevant parties. In contrast, deployment of UN peacekeeping forces in the former Yugoslavia took place during an internationalized civil war, with only periodic (and other fleeting) cease-fire arrangements. Finally, UNOSOM faced a situation in which no host state government existed, and it may provide lessons for future UN intervention in “failed states” (pp. 153–54).
In his conclusion, Diehl states that Although these three cases may not be indicative of peacekeeping in the twentyfirst century, they do suggest that peacekeeping operations will not necessarily be more effective in the post-Cold War era than they were in the previous forty-five years. . . . Peacekeeping operations are also not a suitable substitute for fully developed enforcement operations. They may be politically substitutable, given the reluctance of UN members to authorize enforcement actions, but practically they cannot achieve the same goals. The peacekeeping strategy will be a viable one in many contexts, but the early failure of the post-Cold War era suggests that the United Nations must construct new mechanisms to meet its challenges, much as the peacekeeping strategy was born in response to new challenges and realities in the face of superpower rivalry. (p. 172)
1886. Eliasson, Jan (2000). “Establishing Trust in the Healer: Preventive Diplomacy and the Future of the United Nations,” pp. 215–239. In Kevin M. Cahill (Ed.) Preventive Diplomacy: Stopping Wars Before They Start. New York: Routledge. See annotation # 1742.
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1887. Farer, Tom J. (1996). “Intervention in Unnatural Humanitarian Emergencies: Lessons of the First Phase.” Human Rights Quarterly, 18 (1):1–22. The author basically argues that there are three lessons vis-à-vis intervention that are ripe for further thought and serious consideration: 1. That in both its peace and its humanitarian operations, the United Nations should maintain a posture of strict impartiality among political factions or states; 2. That the effort to rebuild failed states, much less to do so in the form of a broadly representative democracy, is, in Bentham’s phrase, nonsense on stilts; and 3. That, neither the United Nations nor, by implication, any other actor, should ever mix coercive activities with mediation and other soft measures for building and maintaining peace. (p. 3)
All of the above points are addressed in a good amount of detail in this essay. 1888. Fisas, Vicenc (1995). Blue Geopolitics: The United Nations Reform and the Future of Blue Helmets. East Haven, CT and London: Pluto Press with Transnational Institute. 184 pp. See annotation # 1790. 1889. Gunter, Michael M. (1994). “The Kurdish Peacekeeping Operation in Northern Iraq, 1991,” pp. 97–110. In David A. Charters (Ed.) Peacekeeping and the Challenge of Civil Conflict Resolution. New Brunswick: Centre for Conflict Studies, University of New Brunswick. See annotation # 1794. 1890. Hill, Stephen (2005). United Nations Disarmament Process in Intra-State Conflict. New York: Palgrave Macmillan. 320 pp. Hill, in the Department of Politics at the University of Georgia, analyzes the factors that affected the success or failure of the UN disarmament processes during intra-state peacekeeping missions conducted between 1991 and 1999. In doing so, he examines seven case studies including Cambodia and the former Yugoslavia. The text utilizes developing approaches to conflict resolution in order to create an analytical framework through which to assess the UN’s attempts at disarmament. 1891. Hillen, John (1998). Blue Helmets: The Strategy of UN Military Operations. Washington, D.C.: Brassey’s. 312 pp. In this book, Hillen, an Olin Fellow for National Security at the Council on Foreign Relations in Washington, D.C. and a former U.S. Army officer who earned a Ph.D at Oxford University, critiques the United Nations’ peacekeeping operations. More specifically, he examines the military
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aspects of UN peacekeeping organizations and the capability of the UN as an institution to manage military operations. In doing so, he divides United Nations peacekeeping activities into four areas: observation missions; traditional peacekeeping; second-generation peacekeeping (in which the UN “attempted a near-simultaneous management of political, societal, economic, humanitarian, electoral, diplomatic and military initiatives”) (p. 26); and enforcement. In his foreword, U.S. Ambassador Robert B. Oakely states that Hillen’s military experience and keen analytical eye have enabled him to identify the strengths and weaknesses of the UN in deciding on and managing critical components of military activities such as force structure, objectives, and command and control, including major problems such as “force turbulence” (i.e., difficulty in recruiting and maintaining properly trained forces and in ensuring that they adhere to UN rather than national command structures). He makes practical recommendations on how to alleviate the problems, including contracting out to more powerful, better organized military entities for large conflict-prone operations. . . . This book will contribute significantly to the understanding of how the UN actually functions in strategic managing of military activities, what its true capabilities are, what military tasks and resources it should and should not be given by its member states, and how these factors relate to the political objectives.” (p. xi)
Hillen basically argues that the United Nations’ efforts are most efficacious when handling observation missions and traditional peacekeeping missions where military expertise is less significant than political or diplomatic concerns. Ultimately, Hillen concludes that the United Nations should not be asked or expected to conduct military operations that involve fighting, and that peacekeeping operations that could degenerate into fighting should be left to national armies and coalitions such as NATO. At the core of his argument is that the difficulty with military aspects of United Nations peacekeeping is, in part, the “absence of separate bilateral agreements between the United Nations and individual military powers as provided for in Article 43 of the United Nations Charter, along with the concomitant absence of a Military Staff Committee anticipated in Articles 46 and 47. . . . All thirty-eight military operations between 1948 and 1996 were improvised endeavors, ad hoc enterprises whose legal and political legitimacy were based on a loose interpretation of Charter provisions” (p. 9). 1892. Hillen, John (1996). Peace(keeping) in Our Time: The UN as a Professional Military Manager.” Parameters: US Army War College Quarterly, August, 26(3):17–34. Hillen argues that
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Even if one were to describe the present as an unprecedented era of collective security, one must also recognize that the complex set of relationships that distinguish professional military operations are also contained within the nation-state. These are political, moral, functional, and legal relationships that are characterized by legitimacy, authority, and accountability. The relationships greatly influence decisions about force structure, command and control, and military objectives. These relationships, as they apply to mobilizing military forces, commanding their activities with authority, and providing competent strategic direction and resources are characteristic of the UN. Without them, the UN can never be a professional manager of significant military operations. This article presents the thesis that the United Nations does not have an inherent capacity for such professional military management, and that such capabilities were not present but dormant throughout the Cold War. In fact, the UN is inherently anti-professional in the military sense; at best, it is suited for managing only quasi-military and very limited operations such as observation missions and small, traditional peacekeeping missions. The recent steps taken to professionalize UN military operations have failed because the military capability of the UN cannot be separated from its political nature, from political characteristics that purposely limit and constrain its forays into the functional management of military force. To paraphrase Clausewitz, UN military operations have their own grammar (no matter how unintelligible), but their logic is the logic of the UN’s political character. (pp. 18–19)
1893. Karns, Margaret P., and Mingst, Karen A. (2001). “Peacekeeping and the Changing Role of the United Nations: Four Dilemmas,” 215–237. In Ramesh Thakur and Albrecht Schnabel (Eds.) United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. Tokyo: United Nations University Press. The four dilemmas that the authors note and then address are: (1) the types of conflicts that demand the United Nation’s attention, “that is the shift from interstate to more intrastate or internal conflicts, to Article 2(76) of the UN Charter, and to the norm of non-intervention in a state’s internal affairs” (p. 216); (2) changing international expectations about the responsibilities of states and of the international community for halting gross and systematic violations of human rights with grave humanitarian consequences; (3) the change in the number and types of actors engaged in complex peacekeeping operations, “raising issues of coordination and legitimacy” (p. 216); and (4) The critical need for leadership and “the diffusion of both power and willingness of states, and especially the USA as the sole superpower, to commit” (p. 217). 1894. Kaysen, Carl, and Rathjens, George (1996). Peace Operations by the United Nations: The Case for a Volunteer UN Military Force. Cambridge, MA: Committee on International Security Studies, American Academy of Arts and Sciences. 64 pp.
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Early on Kaysen and Rathjens note that “[r]ecent problems of intervention have, in a number of instances, been quite different than what was envisaged when the UN was organized and when the major concern was interstate conflict that might result from clearly identifiable aggression. While there have been wars since 1945 that fit this pattern, there have been more—e.g., Yugoslavia and Rwanda—where the issue is really one of civil war, often reflecting ethnic conflict. . . . These instances of conflict raise the issue not resolved in the writing of the UN Charter of the trade-off between, on the one hand, the respect for, and defense of, national sovereignty by the international community and, on the other, its collective responsibility for the well-being of people everywhere” (p. 9). The contents of this booklet are comprised of the following: “Peace Operations During the Cold War”; “The Changed Post-Cold War Environment for Peace Operations”; “The Challenges for the Future”; “The Question of a UN Military Force”; “Arguments for a Volunteer UN Force—Six Case Studies: The Congo, Yugoslavia, Somalia, Cambodia, Rwanda, Haiti”; “What Are the Lessons?”; “What Kind of UN Standing Force?”; “The Wider Context”; and “Appendix: Design for a Streamlined UN Legion.” 1895. Lee, John M., von Pagenhardt, Robert, and Stanley, Timothy W. (1992). To Unite Our Strength: Enhancing the United Nations Peace and Security System. Lanham, MD: University Press of America. 166 pp. Lee (a retired vice admiral from the U.S. Navy, former vice director of the International Military Staff at NATO, and a member of the Military Staff Committee at the UN), von Pagenhardt (a former foreign service office and currently a professor at the Naval Postgraduate School in Monterey, California), and Stanley (a former White House Staff member, former defense advisor and minister at the U.S. Mission to NATO, and currently vice president of the United Nations Association in Washington, D.C.) examine what can and, according to them, should be done to create a more effective UN system for peacekeeping, peacemaking, and peace enforcement. In light of the authors’ experiences with the military, NATO, the UN, and various national posts with the U.S. government, this is a must read for theorists and practitioners interested in the intervention and prevention of genocide. The titles of the seven chapters (and a select list of topics within certain chapters) are: I. “The United Nations in a New Era” (Is the UN Willing to Change? and Will Countries Adapt?); II. “Military Forces for UN Operations” (Requirements for Force, The UN Legion, National Forces for United Nations Duty—including Quick Reaction Forces); III. “Reforming United Nations Machinery”; IV. “Lessons from the Past “ (Starting Up the
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UN Legion); V. “The System at Work” (Applying the Proposed Model: Yugoslavia); VI. “Financing UN Forces” (The UN’s Financial Crisis, Cost of the Peace and Security Systems, and What Is to Be Done?); and VII. “Summary of Recommendations.” 1896. Lee, Roy S. (1995). “United Nations Peacekeeping: Development and Prospects.” Cornell International Law Journal, 28(3):619–629. Delivered at a symposium (“Peacekeeping, Peacemaking and Peacebuilding: The Role of the United Nations in Global Conflict”) co-sponsored by the Cornell University Law School and the United States Army War College, Lee, principal legal officer for the office of the legal counsel, U.N. Secretariat, provides a short historical overview of the genesis and evolution of U.N. peacekeeping operations. In doing so, he addresses the following issues: I. The Circumstances in which Peacekeeping Operations Were Created; II. Characteristics of Peacekeeping Operations; III. Changing Characteristics [of Peacekeeping Operations]; and IV. Applications of Humanitarian Law. 1897. Lehmann, Ingrid A. (1999). Peacekeeping and Public Information: Caught in the Crossfire. Portland, OR and London: Frank Cass Publishers. 175 pp. See annotation # 1809. 1898. Leitenberg, Milton (1994). “U.S. and UN Actions Escalate Genocide and Increase Costs in Rwanda,” pp. 33–42. In Helen Fein (Ed.) The Prevention of Genocide: Rwanda and Yugoslavia Reconsidered. New York: Institute for the Study of Genocide. In this hard-hitting article, Leitenberg delineates how both the United States (as well as other nations) and the UN either ignored and/or refused to step in to prevent genocide from being perpetrated in Rwanda in 1994. In doing so, he talks about the western “hands-off” reaction, and the UN’s inaction and late response to the mass killing. In his conclusion, he asserts that “Had a peacekeeping mission been deployed, many or most of those killed might have been saved, and a massive refugee exodus possibly averted” (p. 42). (Editor’s Note: A peacekeeping mission was, in fact, on the ground, but it was undermanned and underresourced and needed to be on a Chapter VII or a peace enforcement mission versus a peacekeeping mission.) 1899. Lewis, Paul (1996). “A Short History of United Nations Peacekeeping,” pp. 25-41. In Barbara Benton (Ed.) Soldiers for Peace: Fifty Years of United Nations Peacekeeping. New York: Facts on File, Inc. See annotation # 1811.
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1900. Lyons, Gene M. (1994). “A New Collective Security: The United Nations and International Peace.” The Washington Quarterly, 17(2):173–199. See annotation # 1812. 1901. MacInnis, John A. (1998). “Piecemeal Peacekeeping: The United Nation’s Protection Force in the Former Yugoslavia,” pp. 113–131. In John T. Fishel (Ed.) “The Savage Wars of Peace”: Toward a New Paradigm of Peace Operations. Boulder CO: Westview Press. In this essay, MacInnis, who was the deputy force commander of the United Nations Protection Force in the former Yugoslavia from July 1993 to June 1994, examines the components of the United Nations Protection Force (UNPROFOR) missions in Croatia and Bosnia in the early to mid-1990s and the controversies in which they were mired and why—“and in particular why the UN effort in the former Yugoslavia left much to be desired and why the mission evolved as it did” (p. 113). The Bosnian mission, in particular, he writes, “came under severe and repeated criticism particular[ly] from those who believed that UNPROFOR was too hesitant in the use of force to exercise what they assumed to be its mandate. In Croatia UNPROFOR was taken to task for either failing to protect the Serbs in the sectors or for failing to have them comply with UN Security Council Resolutions” (p. 113). 1902. Malone, David M., and Wermester, Karin (2001). “Boom and Bust? The Changing Nature of UN Peacekeeping,” pp. 37–54. In Adekeye Adebajo and Chandra Lekha Sriram (Eds.) Managing Armed Conflicts in the 21st Century. London and Portland, OR: Frank Cass Publishers. This essay outlines what its authors perceive to be the two major shifts that occurred in UN peacekeeping operations over the course of the 1990s: the goals pursued by peacekeeping operations, and the level of enforcement they brought to bear on a situation. Following a succinct overview of peacekeeping during the cold war, the authors address the new structure, tasks, and components of peacekeeping operations. The essay concludes with an examination of the increasing resort to peace enforcement during the 1990s. 1903. Marten, Kimberly Zisk (2004). Enforcing the Peace: Learning from the Imperial Past. New York: Columbia University Press. 208 pp. See annotation # 1816. 1904. Maxwell, Dayton L. (1998). “Facing the Choice Among Bad Options in Complex Humanitarian Emergencies,” pp. 179–191. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers.
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See annotation # 1817. 1905. Mayall, James (Ed.) (1996). The New Interventionism: United Nations Experience in Cambodia, Former Yugoslavia, and Somalia. New York: Cambridge University Press. 238 pp. This is a valuable assessment of the three major UN interventions in the 1990’s. In his introduction, Mayall comments that major weaknesses of the “new interventionism” were as follows: (1) the UN peacekeeping bureaucracy’s make-up itself interferes with its effectiveness in attempting to address complex political and military operations; (2) the member states are not committed to open-ended efforts to nation-building; and (3) there is an aversion to both injury and death to military personnel and monetary costs by the general public and politicians in members states. In his introduction, Mayall, a professor at the London School of Economics and Political Science, asserts that The world is now so interdependent, and Western governments in particular so vulnerable to public opinion mobilized through the media, that there can be no guarantee that they will not repeatedly be drawn into international crises, even where their own interests and the balance of professional advice are in favor of non-intervention. The [UN] Secretary-General’s challenge should not, therefore, be lightly dismissed. His Agenda for Peace may have been a product of the natural but unrealistic optimism that followed the end of the Cold War, but it raised the central political question of our time—what is to be the basis for international order and how is it to be upheld? The book is intended as a modest contribution to the debate about how these questions should be answered. Our aim is to see what an examination of three major interventions that have been carried out by the United Nations since 1991—in Cambodia, former Yugoslavia and Somalia—can tell us about the prospects for international cooperation and the constraints that must be overcome if the UN Charter is to act as a constitution for international society, as the Secretary-General implies it should. (p. 2)
The book is comprised of the following chapters and appendices: 1. “Introduction” by James Mayall; 2. “Cambodia” by Mats Berdal and Michael Leifer; 3. “Former Yugoslavia” by Spyros Economides and Paul Taylor; 4. “Somalia” by Ioan Lewis and James Mayall; Appendix A. Cambodia (Chronology; List of Resolutions of the UN Security Council and Progress Reports of the Secretary General, and Selected Texts); Appendix B. Former Yugoslavia (Chronology, List of Resolutions of the UN Security Council, and Selected Texts); Appendix C. Somalia (Chronology, List of Resolutions of the UN Security Council, and Selected Texts); and Appendix D. The General Framework for Peace in Bosnia and Herzegovina.
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1906. Mays, Terry M. (2002). The 1999 United Nations and 2000 Organization of African Unity Formal Inquiries: A Retrospective Examination of Peacekeeping and the Rwandan Crisis of 1994 (Paper Number 7 of the Pearson Papers). Clementsport, Nova Scotia: The Canadian Peacekeeping Press of the Pearson Peacekeeping Centre. 37 pp. See annotation # 1819. 1907. McCoubrey, Hilaire, and Morris, Justin (2000). Regional Peacekeeping in the Post-Cold War Era. The Hague: Kluwer Law International. 252 pp. In this book, McCoubrey (professor of Law at the University of Hull in the United Kingdom) and Morris (lecturer in international politics at the University of Hull), explore both the potential and the limitations of regional agencies (e.g., NATO, OSCE, OAU, ASEAN) as significant peace support actors at the beginning of the twenty-first century. They note that this book has been written “on a trans-disciplinary basis,” making use of both international relations and international law, and that is due to the presumption that such disciplines are not separable. Ultimately, they argue, the key to successful regional peacekeeping missions is to appropriately select amongst many options, within the context of Article 53 of the UN Charter (which states that “The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional authorities without the authorization of the Security Council”) (p. 35). 1908. McDonald, Avril (1998). “The Yearbook in Review,” pp. 113–160. In T. M. C. Asser Instituut (Ed.) Yearbook of International Humanitarian Law. Volume 1 1998. The Hague: T. M. C. Asser Press. McDonald, managing editor of the Yearbook of International Humanitarian Law, discusses, in part, the following issues: the enforcement of international humanitarian law, and the concept and realities of peace enforcement. 1909. Mockaitis, Thomas R. (1999). Peace Operations and Intrastate Conflict: The Sword or the Olive Branch? Westport, CT: Praeger Publishers. 166 pp. In chapter 4, “The Former Yugoslavia,” Mockaitis, Professor of History at DePaul University, analyzes the peace operations of the United Nations Protection Force (UNPROFOR) in the former Yugoslavia between 1992 and 1995. In doing so, Mockaitis argues that [a]nalysis of the missions . . . [in] the former Yugoslavia reveals the consistent pattern that such interventions follow and illustrates the inadequacy of peacekeeping models for intrastate conflict. . . . [The] UN deployed a peacekeeping
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force under Chapter 6, only to discover that such a force could accomplish little in the face of an active civil war. Circumstances dragged each mission inexorably toward enforcement, no matter what the Security Council chose to designate such action. . . . [The] intervention led to large-scale deployment of troops armed for combat rather than peacekeeping, yet . . . soldiers found themselves engaged in a multiplicity of tasks necessitated by the collapse of civil society. They had to work closely with relief organizations as well as local police to safeguard deliveries of humanitarian aid, protect civilians, and negotiate local cease-fires. These activities required civil-military cooperation, which generally occurred on an ad hoc basis. Because the UN and its member states insisted on applying traditional peacekeeping methods to the unique conditions of civil conflict, [the] mission responded to an escalating crisis on a reactive, rather than on a proactive, basis. This ad hoc approach reduced the effectiveness of each intervention and led to greater loss of life than might otherwise have occurred. The limited effectiveness of the mission suggests the need for a new approach to such intervention. Intervening in an active civil war is neither a peacekeeping activity nor a collective security action. Troops inserted in an active civil war must be prepared for a range of contingencies from combat to policy work. They must be prepared to work closely with a host of international, governmental, and nongovernmental agencies (NGOs), as well as with local civil, police, and military authorities. (pp. 6–7)
In chapter 5, “Peace Operations and Intrastate Conflict: Towards a New Paradigm,” Mockaitis discusses a new approach he developed for intervention in intrastate conflict. Not only does it focus on the aforementioned contingencies that troops must be prepared to face and address, but it also expounds upon the author’s proposition that “intervention to end civil conflict more closely resembles counterinsurgency than it does any other form of military activity” (p. 7). As Mockaitis is careful to note, he makes a case for the transfer of broad principles here, not precise methods of counterinsurgency. 1910. Moxon-Browne, Edward (1998). “A Future for Peacekeeping,” pp. 192–201. In Edward Moxon-Browne (Ed.) A Future for Peacekeeping? London: Macmillan Press. Moxon-Browne discusses a host of issues, including but not limited to the following: the definitional differences between peacekeeping and peace enforcement; the concept of a permanent UN or “standing” force; the need for a wider range of options and responses to differentiated conflict situations; the concept and establishment of an implementation force (IFOR) in Bosnia; the role of NATO in peacekeeping operations; and areas of research that need attention (e.g., the impact of peacekeeping on the populations they are supposed to benefit, and the formation and composition of peacekeeping forces).
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1911. Peou, Sorpong (2002). “The UN, Peacekeeping and Collective Human Security: From an Agenda for Peace to the Brahimi Report.” International Peacekeeping, Summer, 9(2):51–68. The author of this article first observes and then asserts the following: The new UN vision for world peace [following the end of the Cold War] challenges the traditional value of order, which rejects interventionism, and expands universal values that acknowledge the unity of humanity, such as social justice, democracy, human rights and humanitarian intervention. (p. 52)
This essay argues that the concept of “collective human security” has challenged the traditional concept of national security, but the United Nations must work to overcome the barriers to helping the nation of states realize that this is so. The piece concludes with this statement: [Ultimately,] we need to ask more serious questions: who exactly can provide for security and how can collective action be taken? We should never stop thinking about promoting human security collectively but will need to find a recipe more powerful than making countless policy recommendations for change and then conveniently saying that all depends on the political will of UN member states and parties to conflict. (p. 52)
1912. Price, Richard, and Zacher, Mark (2004). The United Nations and Global Security. New York: Palgrave Macmillan. 305 pp. See annotation # 1827. 1913. Pugh, Michael (Ed.) (1997). The UN, Peace, and Force. London: Frank Cass and Company. 209 pp. This volume, edited by a senior lecturer in International Relations at the University of Plymouth in the UK and the editor of International Peacekeeping, is comprised of a collection of essays on a wide range of cuttingedge topics that face the peacekeeping community at the beginning of the twenty-first century. The ten essays are: “The United Nations and the Collective Use of Force: Whither or Whether?”; “The UN Charter and Peacekeeping Forces: Constitutional Issues”; “Assessing the Success of UN Peacekeeping Operations”; “Enforcement Measures Under Chapter VII of the UN Charter: UN Practice After the Cold War”; “Securing Observance of UN Mandates Through the Employment of Military Force”; “Weapons Control in Semi-Permissive Environments: A Case for Compellence “; “Humanitarian Intervention Revisited: Post-Cold War Responses to Classical Problems”; “Utopian or
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Pragmatic? A UN Permanent Military Volunteer Force”; and “From Mission Cringe to Mission Creep? Concluding Remarks.” It also includes a five-page select bibliography. 1914. Rieff, David (1994). “The Illusions of Peacekeeping.” World Policy Journal, Fall, 11(3):1–19. In a no-holds barred critique of the United Nations’ “peacekeeping” effort in Bosnia in the early to mid-1990s, Rieff, a senior fellow at the World Policy Institute, addresses such issues as the continuing centrality of the nationstate approach and the profound consequences of such thinking vis-à-vis peacekeeping missions. He also addresses the role of UN Secretary-General Boutros-Ghali, the role of the great powers (especially the incoherent and vacillating foreign policy approach of the United States, e.g., the Clinton administration) vis-à-vis the support of UN peacekeeping missions such as that in Bosnia), and lessons learned. In conclusion, he states that “the lesson of Bosnia is that the United Nations in general, and the Department of Peacekeeping Operations in particular, are still too committed to the norms of classical peacekeeping to play a central role in a more comprehensive system of international security” (p. 18). 1915. Rikhye, Indar Jit (1992). Strengthening UN Peacekeeping: New Challenges and Proposals. Washington, D.C.: United States Institute of Peace. 48 pp. This report was written by a retired major general in the Indian Army who is also the former president of the International Peace Academy, which he founded in 1969. From the late 1950s through the early 1990s he worked in multilateral peacekeeping operations as a diplomat, soldier, and educator. He also served as a military adviser to UN Secretary-Generals Dag Hammarskjöld and U Thant, and in the early 1990s conducted special missions for the UN Secretary General in Rwanda and Burundi. Among the major recommendations Rikhye makes regarding the need for the UN to remedy multifaceted weaknesses that have plagued past peacekeeping operations are as follows: • In order to eliminate the ambiguities in peacekeeping mandates, the Secretary-General’s authority to determine the objectives of peacekeeping operations should be strengthened. The Security Council must provide a mandate (mission statement) that can be easily translated into precise operational instructions, as well as adequate, financial, human, administrative, and materiel resources. • Better training is required both for the troops that comprise UN peacekeeping forces and for UN administrators, especially the Secretariat staff assigned to manage operations (pp. 1–2).
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For a more detailed description of this work, see annotation # 1747. 1916. Roberts, Adam (2001). “Humanitarian Principles in International Politics in the 1990s,” pp. 23–54. In Humanitarian Studies Unit (Ed.) Reflections on Humanitarian Action: Principles, Ethics and Contradictions. Sterling, VA: Pluto Press. See annotation # 1831. 1917. Ruggie, John Gerard (1997). “The United Nations and the Collective Use of Force: Whither or Whether?” pp. 1–20. In Michael Pugh (Ed.) The UN, Peace and Force. London: Frank Cass and Company. In this essay, Ruggie, the John W. Burgess Professor of Political Science and International Affairs at Columbia University in New York City, argues that in the post-Cold War era, the United Nations has yet to devise a precise formulation of the specific strategic requirements needed to implement a “robust” peace operation. He goes on to argue for—and to outline—a “more systematic doctrinal approach” towards such operations, and also suggests changes regarding the organization of command functions at UN headquarters and at the field level. Among the conflicts he addresses in his essay are the activities of the Khmer Rouge in Cambodia in the 1990s, the breakdown in the former Yugoslavia during the 1990s, and the fate of the Kurds in northern Iraq. 1918. Sarooshi, Danesh (1999). “The Role of the United Nations Secretary-General in United Nations Peace-keeping Operations,” pp. 279–297. In Hilary Charlesworth and Robert McCorquodale (Eds.) The Australia Year Book of International Law. Volume 20. Canberra: Centre for International and Public Law, Faculty of Law, The Australian National University. This article, senior lecturer in public international law at University College, London, University of London, is comprised of the following components: I. Scope of the Competence of the Security Council to Delegate Chapter VII Powers to the Secretary General; II. The Legal Framework Governing the Exercise of Delegated Chapter VII Powers by the Secretary-General; and III. The Delegation to the Secretary-General of Certain Powers in Respect of UN Peace-keeping Operations. 1919. Sarooshi, Danesh (2001). The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of its Chapter VII Powers. Oxford: Oxford University Press. 311 pp. Sarooshi examines the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. In doing so, Sarooshi presents a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace:
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The UN Security Council is the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace. It is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective. However, the Charter provision which was intended to provide the Council with a standing military force to carry out enforcement action has not as yet been implemented. In response, the Council has sought to deal with an increasing demand for military enforcement action by delegating its powers in this area to other UN organs (e.g., the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g., the coalition against Iraq), and regional and collective self-defense organizations (e.g., NATO in Bosnia)). It is this process of delegation of military enforcement powers by the Council which is the focus of the book. By examining the legal framework which governs the process of a delegation by the Council of its Chapter VII powers, the practice relating to the exercise of these powers by each of the delegates concerned, and the policy issues relating to such delegations, the book makes a contribution to the content of the law pertaining to the use of force by the UN. It also provides guidance as to likely future developments in the legal framework governing collective action to maintain peace under the auspices of the United Nations. (italics added) (p. i)
The book is comprised of the following chapters: 1. “The General Legal Framework Governing the Process of a Delegation by the UN Security Council of its Chapter VII Powers”; 2. “The Delegation of Powers to the UN Secretary-General”; 3. “The Delegation of Powers to UN Subsidiary Organs”; 4. “The Legal Framework Governing the Delegation of Powers to UN Members States”; 5. “The Delegation of Powers to UN Member States”; and 6. “The Delegation of Powers to Regional Arrangements.” 1920. Scheffer, David J. (1998). “U.N. Engagement in Ethnic Conflict,” pp. 147–177. In David Wippman (Ed.) International Law and Ethnic Conflict. Ithaca, NY: Cornell University Press. Scheffer, U.S. ambassador at large for war crimes issues, notes that Conventional wisdom assumes that U.N. engagement is limited to often ineffective peacekeeping operations in strife-torn countries. [P]eacekeeping, [though,] is only one of a wide range of tools the United Nations employs to varying effect in its efforts to manage ethnic conflicts. The law practice of the United Nations [vis-à-vis this issue] have evolved at an accelerating pace during the 1990s and in ways that would have astonished the framers of the Charter in 1945. They would not have anticipated that ethnic conflicts of largely internal character would necessitate U.N. engagement on so many fronts. But population growth, refugee flows, trade in conventional arms, the collapse of cold war discipline imposed by the superpowers, and the pursuit of power by local warlords for personal, nonideological gain have combined to create societies within which ethnic tensions—often already fueled by traditional interethnic bigotry—explode in ways that demand international attention.
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[Herein,] I focus on how the United Nations engages in ethnic conflicts, beginning in Part I with the goals of U.N. engagement, [which] include: containment of ethnic conflicts, support for self-determination, promotion of democracy, and institution building. The legal basis for the pursuit of these goals, particularly by the Security Council, is examined in Part II. Central to this is the analysis of the legal authority for peaceful measures (primarily under Chapter VI of the U.N. Charter), the legal authority for coercive measures (under Chapter VII or VIII of the Charter), and the legal authority for norm elaboration and quasi-judicial pronouncements (such as by the General Assembly or Economic and Social Council). Part III of this chapter examines the means by which the United Nations seeks to implement its policy goals. In particular, Part III discusses seven modes of engagement in ethnic conflicts: hortatory actions, diplomatic intervention, sanctions, military and humanitarian interventions, implementation of peace agreements, and international judicial intervention. In the conclusion, this chapter will discuss both the strengths and weaknesses of U.N. approaches to ethnic conflicts. (p. 147)
1921. Sohn, Louis B. (1958). “Authority of the United Nations to Establish and Maintain a Permanent United Nations Force.” American Journal of International Law, 52: 229–240. Sohn, professor of Law at Harvard University School of Law, examines the legal problems involved in the establishment of a permanent U.N. force—either on a full-time or stand-by basis—composed either of national contingents or volunteers. The article is comprised of the following parts and sections: I. Power of the United Nations to Establish A UN Force (A. The Power of the Security Council; B. The Power of the General Assembly); II. Power of the United Nations to Control a Force; III. Relations Between the U.N. Force and the Contributing States; and IV. The Relation Between the U.N. Force and the “Host” State. 1922. Stedman, Stephen John (1996). “Consent, Neutrality, and Impartiality in the Tower of Babel and on the Frontlines: United Nations Peacekeeping in the 1990’s,” pp. 35–56. In Estanislao Angel Zawels, et al’s Managing Arms in Peace Processes: The Issues. New York: United Nations Publications. At the outset of his essay, Stedman, a professor at the Johns Hopkins University School of Advanced International Studies in Washington, D.C., states that This paper seeks to cut through the confusion, lack of clarity, and ambiguity that currently surrounds the concepts of consent, neutrality, and impartiality. It offers an interpretive guide to competing meanings of these terms, and explores the policy implications of these competing meanings. The paper then uses evidence from recent UN peace operations to illustrate two major consequences
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of doctrinal confusion: 1. The incapability of concerted strategic action, and 2. The ill effects of applying traditional peacekeeping concepts to situations where the requisites of peacekeeping are absent. The paper concludes by arguing that the challenges of peacekeeping in the 1990’s require a new doctrine of peace operations that takes into account the hazards of implementing peace in civil wars.” (p. 36)
The various sections of his essay are entitled as follows: I. Peacekeeping: Before and After 1989 (The Nature of Post-1989 Missions); II. The Tower of Babel (1. The Nordic Approach to Peacekeeping; 2. The British “Wider Peacekeeping”; 3. American Peacekeeping and the Grey Area; 4. French Peacekeeping and Active Impartiality); III. Comparison of Doctrines and Approaches, and IV. Evaluating Doctrines (1. Detrimental Effects of Competing Doctrines; 2. The Detrimental Effects of Misapplied Doctrines; and 3. Towards a New Doctrine). 1923. Tanner, Fred (1997). “Weapons Control in Semi-Permissive Environments: A Case for Compellence,” pp. 126–145. In Michael Pugh (Ed.) The UN, Peace and Force. London: Frank Cass and Company. Tanner, director of the Mediterranean Academy of Diplomatic Studies at the University of Malta, argues that the use of limited force by peace support units to achieve weapons control in “semi-permissive environments” is justified in light of the fact that the derailment of the weapons control process jeopardizes the peace process as a whole: A country with a huge cachet of weapons inhibits national reconciliation, militarizes society, and destablizes the region. Compellence (which has been characterized by determined, proactive actions of peace forces with respect to the implementation of control measures) offers an alternative to the passivity and consternation of peace support forces faced with the eroding consent to disarmament programs. It consists of the visible determination of external forces to ensure the implementation of the weapons control mandate with the use of limited force, whenever necessary. These threats need to be backed up by military capability, doctrinal flexibility and political commitments by troop-contribution states. (p. 126)
Tanner’s essay is comprised of the following sections: Weapons Control in Peace Support Missions; Challenges to Weapons Control Implementation; Concepts of Robust Peacekeeping; Compellence in Practice; Requirements for Successful Compellence (Military Capacity, Legitimacy and Impartiality, Discretionary Powers and Flexibility, Clarity of Mandate and Force Composition, and Support of the Security Council and Contributing States); Addressing the Security Dilemma; Distrust and Normative Obscurity; and Risks Associated with the Use of Compellence. 1924. Taylor, Paul (1999). “The United Nations in the 1990s: Proactive Cosmopolitanism and the Issue of Sovereignty.” Political Studies, 47(3): 538–565.
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See annotation # 1841. 1925. Thakur, Ramesh, and Newman, Edward (Eds.) (2000). New Millennium, New Perspectives: The United Nations, Security, and Governance. Tokyo: United Nations University Press. 334 pp. The book includes numerous chapters directly related to various aspects of peace operations: “The Security Council the in the 1990s: Inconsistent, Improvisational, Indispensable?” by David M. Malone; “Intervention: Trends and Challenges” by Chantal de Jonge Oudraat; “’Alliances’ and Regional Security Developments: The Role of Regional Arrangements in the United Nations’ Promotion of Peace and Stability” by Brian Job; “’New’ and ‘Non-Traditional’ Security Challenges” by Paul Stares; “Civil Society and Global Governance” by Michael Edwards; and “The United Nations and Human Rights” by David Forsythe. 1926. Thakur, Ramesh, and Schnabel, Albrecht (Eds.) (2001). United Nations Peacekeeping Operations: Ad Hoc Missions, Permanent Engagement. New York: United Nations Press. 267 pp. This book is comprised of the following parts and essays: Part I: Challenge of Post-Cold War Peacekeeping (1. “Cascading Generations of Peacekeeping: Across the Mogadishu Line to Kosovo and Timor” by Ramesh Thakur and Albrecht Schnabel; 2. “Peacekeeping and the Violence in Ethnic Conflict” by Roger Mac Ginty and Gillian Robinson; 3. “The Role of the UN Secretariat in Organizing Peacekeeping” by Hisako Shimura; 4. “Policing the Peace” by Michael O’Connor); Part II: Regional Experiences (5. “Regional Peacekeeping in the CIS” by S. Neil MacFarlane; 6. “Towards More Effective Peace Operations: Learning from the African ‘Laboratory’?” by Mark Malan; 7. “Establishing the Credibility of a Regional Peacekeeping Capability” by Vere Hayes); Part III. Experiences from Cambodia, former Yugoslavia, and East Timor (8. “The Politics of UN Peacekeeping from Cambodia to Yugoslavia” by Yasushi Akashi; 9. “The Cambodian Experience: A Success Story Still?” by John Sanderson; 10. “UN Peacekeeping Operations in the former Yugoslavia—from UNPROFOR to Kosovo” by Satish Nambiar; 11. “Civilian Police in UN Peace Operations: Some Lessons from a Recent Australian Experience” by John McFarlane and William Maley); and Part IV: A New Beginning? The Road to Brahimi and Beyond (12. “Peacekeeping and the Changing Role of the United Nations: Four Dilemmas” by Margaret P. Karns and Karen A. Mingst; and 13. “From An Agenda for Peace to the Brahimi Report: Towards a New Era of UN Peace Operations?” by Albrecht Schnabel and Ramesh Thakur). 1927. Tharoor, Shashi (1995). “The Changing Face of Peace-Keeping and Peace Enforcement.” Fordham International Law Journal, 19(2):408–426.
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In the conclusion to this Essay, Tharoor, special assistant to the United Nations Under-Secretary-General for Peace-keeping Operations, argues that Peace-keeping today is in flux, if not in crisis. If it is to serve as a useful instrument in the maintenance of international peace and security, it needs conceptual clarity, political support, and financial resources. . . . For peace-keeping to remain effective in a changing world, its credibility must not be jeopardized by the application of peace-keeping to inappropriate situations, by the issuance of mandates unsupported by doctrinal consistency or military means, or by the undermining of its authority by attempts to reconcile peace-keeping with war-making under the rubric of peace-enforcement. (p. 426)
1928. United Nations (1996). The Blue Helmets: A Review of United Nations Peace-Keeping. New York: United Nations Department of Public Information. 808 pp. Among the many issues discussed herein are the following: the United Nations Assistance Mission to Rwanda (UNAMIR), which neglected to prevent the 1994 Rwandan genocide; the United Nations Advance Mission in Cambodia (UNAMIC) and the United Nations Transitional Authority in Cambodia (UNTAC); the United Nations Protection Force (UNPROFOR), February 1992–March 1995, which faced so-called “ethnic cleansing,” summary executions, and rape in various areas, and the over-running of so-called “safe areas” (e.g., in Gorazde and Srebrenica); and the United Nations Operation in the former Yugoslavia after 1995, during which the Bosnian Serbs launched a full-scale assault against the “safe area” of Srebrenica and UNPROFOR positions were overrun. During and following the offensive, numerous human rights abuses were perpetrated against the population, including mass arbitrary detention of civilian men and boys and summary executions which resulted in genocide. An estimated twenty-five thousand people were forcibly evacuated and thousands of people were never “accounted” for. 1929. United Nations (2001). Report of the Panel on United Nations Peace Operations. New York: Author. n.p. See annotation # 1848. 1930. United Nations Institute for Disarmament Research (1996). Managing Arms in Peace Processes: Cambodia. New York and Geneva: United Nations. 254 pp. A major report on an issue/problem that often constitutes the bane of peacekeeping, peace enforcement, and peace-building efforts. 1931. United States Holocaust Memorial Museum (2002). “A Good Man in Hell: General Roméo Dallaire and the Rwanda Genocide.” (Editor’s Note:
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This manuscript is available from the United States Holocaust Memorial Museum’s Committee on Conscience, 100 Raoul Wallenberg Place SW, Washington, D.C., 20024.) See annotation # 1850. 1932. Vaccaro, J. Matthew (1996). “The Politics of Genocide: Peacekeeping and Disaster Relief in Rwanda,” pp. 367–407. In William J. Durch (Ed.) UN Peacekeeping, American Politics, and the Uncivil Wars of the 1990s. New York: St. Martin’s Press. Vaccaro, who is a political-military planner in the office of the U.S. deputy secretary of defense for Peacekeeping and Humanitarian Assistance, provides a detailed analysis of the peacekeeping mission in Rwanda prior to, during and following the 1994 Rwandan genocide in which an estimated eight hundred thousand to one million people were murdered. He asserts that three major shortcomings hindered the peacekeepers’ response to the crisis in Rwanda: (1) “the strategy adopted for UNAMIR was too passive; (2) the UN Security Council decision-making process was ill-informed; and (3) the recent experience of dealing with civil war elsewhere [e.g., in Somalia] made states with the capability to act speedily to the trauma in Rwanda reluctant to do so” (pp. 339–440). 1933. Wahlgren, Lars-Eric (1998). “Start and End of Srebrenica,” pp. 168–185. In Wolfgang Biermann and Martin Vadset (Eds.) UN Peacekeeping in Trouble: Lessons Learned from the Former Yugoslavia: Peacekeepers’ Views on the Limits and Possibilities of the United Nations in a Civil War-like Conflict. Aldershot, UK: Ashgate. In his introduction, Wahlgren, who was force commander of UNPROFOR from February to July 1993, writes: “Much has been said and written about the Safe Area concept, but not so much by us who were there in the field and acted day by day when the Safe Area concept was established. . . . It is important to have simple rules of experience from the field [impartiality, separation of the fighting parties, and avoiding the co-deployment of UN troops with those of the parties] in mind when discussing the start and end of Srebrencia and include them among the lessons learned from former Yugoslavia (p. 168). The chapter is comprised of the following components: General Situation of Security Council Resolution 819; Staff Work on the Safe Area in UNPROFOR HQ Prior to Security Council Resolution 819 (SCR 819, 16 April 1993); Staff Work on the Safe Area in UNPROFOR HQ Prior to Security Council Resolution 824 (SCR 824, 6 May 1993); Staff Work on the Safe Area in UNPROFOR HQ Prior to Security Council Resolution
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836 (SCR 836, 4 June 1993); The Development in the Safe Area and Security Council Resolution (SC 844); Non-Support of UN Sanctions and UN Resolutions; and Analysis of the Course of Events (Lessons Learned From Safe Areas). 1934. Weiss, Thomas G. (1999). “Civilian-Military Interactions and Ongoing UN Reforms: DHA’s Past and OCHA’s Remaining Challenges,” pp. 49–70. In Jim Whitman (Ed.) Peacekeeping and the UN Agencies. London: Frank Cass Publishers. See annotation # 1853. 1935. Weiss, Thomas G. (1998). “Collective Humanitarian Conflict Management: More or Less than the Millennium?” pp. 205-233. In Joseph Lepgold and Thomas G. Weiss (Eds.) Collective Conflict Management and Changing World Politics. Albany: State University of New York Press. See annotation # 1854. 1936. Weiss, Thomas G. (1996). “Collective Spinelessness: UN Actions in the Former Yugoslavia,” pp. 59–96. In Richard H. Ullman (Ed.) The World and Yugoslavia’s Wars. New York: Council on Foreign Relations. In his introduction, Weiss, associate director of Brown University’s Watson Institute for International Studies, states that Long before the presidents of Serbia, Croatia, and Bosnia initiated a peace settlement [the Dayton Accords] culminating three weeks of roller-coaster negotiations at Wright-Patterson Air Force Base, the United Nations was at the center of ongoing controversy in the former Yugoslavia. Throughout four years of fratricide, the world organization was embroiled among competing ethnic groups and confronted thorny questions about sovereignty, human rights, and the use of force to sustain international norms. This chapter details the painful dithering and ineffectiveness of UN actions from the beginning of the end of Yugoslavia on June 25, 1991, until the agreement on November 21, 1995, that partitioned Bosnia-Herzegovina into a Muslim-Croat federation and a Bosnia-Serb entity while reserving the fiction of a central government of a multi-ethnic state with its seat in Sarajevo. (p. 59)
1937. Weiss, Thomas G. (1993). “Intervention and Genocide.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 11:6–7. As part of a forum (“A Forum on Prevention of Genocide and Mass Killing”) organized by the New York City-based Institute for the Study of Genocide, and in response to two questions (“What should be the preconditions for creating and recognizing new states and retracting (or suspending) recognition?” and “What other solutions would you recommend to rectify the past discrimination of regional or dispersed minorities who have experienced
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denial of civil and political rights?”) posited to the panelists, Weiss (then Associate Director of Brown University’s Thomas J. Watson Institute for International Studies) delineates that which constitutes intervention, provides a more precise definition of “international intervention,” and discusses the West’s and the United Nation’s tentative, half-hearted, and often disastrous interventions in various crisis-situations in the early 1990s (and, in particular, the situation in the former Yugoslavia). In regard to the latter, Weiss trenchantly comments that Incremental measures under United Nations auspices paradoxically fostered Serbia’s genocidal war aims. Given their traditional constraints and operating procedures, UN soldiers were not strong enough to deter the Serbs. But they deterred the international community from more assertive intervention because the troops, along with aid workers, were vulnerable targets. While assistance to refugees saved lives, it also helped foster ethnic cleansing by stimulating movement of unwanted populations. Air-drops of food made it seem as if people counted; while massive and unspeakable human rights abuses and war crimes continued unabated. Inadequate military and humanitarian action, combined with half-hearted sanctions and a negotiating charade, thus constituted a powerful diversion. They collectively impeded more vigorous Western diplomatic and military pressure for lifting the arms embargo for Muslims to help level the killing fields. (p. 7)
1938. Weiss, Thomas G. (1993). “New Challenges for UN Military Operations: Implementing An Agenda for Peace.” The Washington Quarterly, Winter, 51–66. See annotation #1857. 1939. Weiss, Thomas G. (2005). “Overcoming the Security Council Impasse: The Implausible versus the Plausible.” Dialogue on Civilization: Occasional Papers, No. 14, January. New York: Friedrich-Ebert-Stifung. 48 pp. This is an insightful report on possible ways to make the UN Security Council more effective in addressing such critical issues as violent conflict (among other matters). 1940. Weiss, Thomas G., Forsythe, David P., and Coate, Roger A. (2001). The United Nations and Changing World Politics. Boulder, CO: Westview Press. 370 pp. See annotation # 1858. 1941. Williams, Michael C. (1998). “Civil-Military Relations and Peacekeeping.” Adelphi Paper 321. New York: Oxford University Press. 93 pp. In this monograph, Williams, senior consultant in the office of the United
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Nations High Commissioner for Refugees (UNHCR), argues that peacekeeping operations in the 1990s were marked by insufficient military input at the strategic level, unclear mandates, and weak command and control by the UN. He also argues that in the field, whether under UN or NATO auspices, missions were hampered by the culture clash between civilians and the military, by poor coordination of civilian and military tasks, by inadequate military training to meet peacekeeping’s specific demands, and by differing approaches to human-rights issues and the media. Williams argues that steps must be taken to improve civil-military relations. Among the latter, he suggests, are increased military input in framing peacekeeping mandates, improved political guidance for commanders on the ground, and training to meet peacekeeping’s particular needs. He also argues that civil-military relations in peacekeeping require a continuing dialogue between the two sides to strengthen the effectiveness of international intervention and minimize competition and conflict. 1942. Woodhouse, Tom; Bruce, Robert; and Dando, Malcolm (Eds.) (1998). Peacekeeping and Peacemaking: Towards Effective Intervention in PostCold War Conflicts. New York: St. Martin’s Press. 297 pp. In a review of this book in Foreign Affairs (July/August, 1998), John Hillen, the Olin Fellow for National Security of the Council on Foreign Relations in Washington, D.C., writes that: In general, the academically oriented Peacekeeping and Peacemaking splits its time between a postmortem of the New World Order’s first seven years and some prescriptions on what it calls the middle power model . . . in which states come to the realization that their interests can most fully be realized through international cooperation and that it is to their advantage to strengthen the capacity of “organizations of cooperation” to be effective. This is then a plan for small but committed international leaders such as Australia, Sweden, Canada, and Norway to use the United Nations to box above their weight. Unfortunately, much of the book was completed before many observers realized just how much a few great powers can knock around “organizations of cooperation” like the United Nations and why they might do so. While the message from editor Tom Woodhouse and some of his authors is that both the United Nations and peacekeeping need to be reformed and strengthened, the 1995 conference that spawned this volume was convened only a few months after [then UN Secretary-General] Boutros-Ghali virtually gave up on his ambitious ideas of 1992. In his 1995 supplement to An Agenda for Peace, the frustrated secretary- general wrote that “It would be folly to attempt further efforts of peace enforcement while the United Nations was hard pressed to handle the less demanding peacemaking and peacekeeping responsibilities entrusted to it.” Boutros-Ghali had ridden the roller coaster of U.N.-managed collective security for three years and had run up against several immutable obstacles that might have informed the Woodhouse book
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to greater effect—namely, that in order for any institution to manage complex multinational military operations, it must have practiced military institutions, organizations, procedures, and structures to do so. Except for the rare military alliance in which these means are shared by a select few (NATO, for instance), states tend not to pool those vestiges of sovereignty that will allow an international organization the legitimacy needed to manage dynamic military operations. (pp. 99–100)
1943. Wulf, Herbert (2006). Internationalizing and Privatizing War and Peace. New York: Palgrave Macmillan. 272 pp. See annotation #1865. 1944. Wurmser, David, and Dyke, Nancy B. (1993). The Professionalization of Peacekeeping: A Study Group Report. Washington, D.C.: United States Institute of Peace. 71 pp. In October 1992, the United States Institute of Peace established a study group entitled “The Professionalization of Peacekeeping” in order to consider how UN peacekeeping operations could be made more effective, primarily through practical reforms, for the post-cold war era. This booklet constitutes the group’s report. It is comprised of the following nine sections: I. “Introduction”; II. “Peacekeeping in the Post-Cold War World”; III. “Distinction Between Peacekeeping and Peace Enforcement”; IV. “Mandates and Rules of Engagement”; V. “The UN Peacekeeping Structure and Its Shortcomings”; VI. “New Methods and Structures for Setting Mandates and Rules of Engagement”; VII. “New Methods of Training and Supporting Peacekeeping Troops”; VIII. “Providing Western Resources and Expertise to Peacekeeping”; and IX. In “Conclusion: The Case of Somalia.” 1945. Zawels, Estanislao Angel; Stedman, Stephen John; Daniel, Donald C. F.; Cox, David; Boulden, Jane; Tanner, Fred; Potgieter, Jakkie; and Gamba, Virginia (1996). Managing Arms in Peace Processes: The Issues. New York: United Nations Publications. 234 pp. This report addresses major issues relating to the demobilization, disarmament, and control of weapons during UN peace operations that have been deemed critical for the success or failure of such missions. The report is comprised of the following seven chapters: 1. “Specificity in Peacekeeping Operation Mandates: The Evolution of [UN] Security Council Methods of Work” by Estanislao Angel Zawels; 2. “Consent, Neutrality, and Impartiality in the Tower of Babel and on the Frontlines: United Nations Peacekeeping in the 1990’s” by Stephen John Stedman; 3. “Is There a Middle Option in Peace Support Operations? Implications for Crisis Containment and Disarmament” by Donald C. F. Daniel; 4. “Peacekeeping and Disarmament: Peace Agreements, Security Council Mandates, and the
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Disarmament Experience” by David Cox; 5. “Rules of Engagement, Force Structure and Composition in United Nations Disarmament Operations” by Jane Boulden; 6. “Consensual Versus Coercive Disarmament” by Fred Tanner; and 7. “Concluding Summary: Multinational Peace Operations and the Enforcement of Consensual Disarmament” by Virginia Gamba and Jakkie Potgieter. 1946. Zwanenburg, Marten (1999). “Double Standards in Peacekeeping? Subcontracting and International Humanitarian Law.” Leiden Journal of International Law, 12(4):753–757. Zwanenburg, an editor with the Leiden Journal of International Law, discusses the issue as to how the United Nations, in the 1990s, increasingly “subcontracted” peacekeeping and peace enforcement operations to private security firms and others in such places as Somalia, Rwanda, and East Timor. Zwanenburg’s main concern is with “the limited attention paid to [the violations of international humanitarian law by such ‘subcontractors’] in contrast to the increased concern with respect for international humanitarian law by forces under UN command and control” (p. 753). Ultimately, he argues that “the U.N. should ensure that ‘subcontracting’ does not lead to the lowering standards of international humanitarian law” (p. 753). E. Peace-Building 1947. Boutros-Ghali, Boutros (1992). An Agenda for Peace. New York: United Nations. n. p. Section VI of the report is entitled “Post-Conflict Peace-Building.” For a detailed description of this report see annotation # 1774. 1948. Boutros-Ghali, Boutros (1995). Confronting New Challenges: Annual Report on the Work of the Organization, 1995. New York: United Nations Department of Public Information. 380 pp. A section of Part IV (“Expanding Preventive Diplomacy and Conflict Resolution”) of this report is entitled “Post-Conflict Peace Building.” For a detailed description of this report, see annotation # 1739. 1949. Bowles, Newton (2004). The Diplomacy of Hope: The United Nations Since the Cold War. New York: I. B. Tauris. 205 pp. While focusing on “a post-Soviet world now firmly set in the turbulent twenty-first century,” this book by Bowles (a Canadian diplomat who has been with the United Nations in various capacities since 1945, and continues
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today as a senior advisor to UNICEF) “traces the genesis of the current major concerns facing the UN back to their origins during the infancy of the UN. It sets out a full yet concise account of UN security (peace-building) doctrine and action”; and in doing so, it addresses such issues as its criminal jurisdiction; key human rights issues; the tension between globalization and poverty; and UN financing problems. “The book also explores how the UN works, or does not, and describes how the tension between the elite Security Council and all-inclusive General Assembly can frustrate decisive action.” Among the key chapters herein vis-à-vis the prevention and intervention of genocide and peacekeeping are: “The Great Thaw?”; “Human Insecurity: Ten Years and More”; “No Hiding Place: War Criminals”; and “Human Rights, Human Wrecks.” 1950. Dijkzeul, Dennis (1999). “The United Nations Development Programme: The Development of Peace?” pp. 92–119. In Jim Whitman (Ed.) Peacekeeping and the UN Agencies. London: Frank Cass Publishers. In his introduction, Dijkzeul notes that in this essay he examines the role of the United Nations Development Programme in peacebuilding. First, it examines the overall context in which the UNDP operates, in particular the relationship between relief, rehabilitation and development in complex humanitarian emergencies. Second, it investigates UNDP’s history, including its gradual move into peacebuilding. Moreover, it reviews UNDP’s efforts at organizational renewal, as well as the consequences of current UN reform. Third, [it] examines UNDP’s need for a more outward and forward looking strategy, focusing on local participation. It presents the conclusion that UNDP has, through Sustainable Human Development and its renewal process, taken some steps in the right direction, but this is unfortunately not yet enough to ensure action and results at the field level. (p. 92)
1951. Dress, Tobi P., and Gay Rosenblum-Kumar (2002). “Deconstructing Prevention: A Systems Approach to Mitigating Violent Conflict,” pp. 229–249. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers. In this chapter, the authors (Dress, an attorney and specialist in conflict prevention and public policy, and Rosenblum-Kumar, a public administration officer in the governance and public administration branch of the UN Department of Economics and Social Affairs) argue that the United Nations must engage in an internal process of intersectoral and interagency dialogue to better integrate and maximize the capacities of UN agencies, sectors, and departments in structural conflict prevention, peacebuilding, and long-
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term place planning. We recommend that key policymakers in international organizations be convened to engage with key officials of leading international conflict resolution networks. The goals of such a dialogue would be to determine infrastructure requirements for long-term peace planning and to assess what roles different organizational actors would assume within this infrastructure and how they could be mutually reinforcing. This chapter is divided into two sections, one on global and regional capacity-building, and the other on the United Nations’ role in national capacity-building in conflict management. (p. 230) 1952. Eliasson, Jan (1996). “Conflict and Development: Causes, Effects and Remedies,” pp. 347–353. In Luc van de Goor, Kumar Rupesinghe, and Paul Sciarone (Eds.) Between Development and Destruction: An Enquiry into the Causes of Conflict in Post-Colonial States. New York: St. Martin’s Press. Eliasson, who was permanent representative of Sweden to the United Nations in New York and under secretary-general for humanitarian affairs at the United Nations from 1992 to 1994, argues that while conventional wisdom regarding the relationship between conflict and development is that conflict undermines development, what should be examined more deeply is how development and humanitarian action can prevent or diminish conflict. In his essay, he goes on to discuss three key themes: the changing international environment, focusing partly on how such changes have impacted the United Nations; the relationship between peacekeeping, peacemaking and peace-building (in the form of humanitarian action and assistance); and the imperative of prevention. 1953. Farer, Tom J. (1996). “Intervention in Unnatural Humanitarian Emergencies: Lessons of the First Phase.” Human Rights Quarterly, 18 (1):1–22. The author basically argues that there are three lessons vis-à-vis intervention that are ripe for further thought and serious consideration: 1. That in both its peace and its humanitarian operations, the United Nations should maintain a posture of strict impartiality among political factions or states; 2. That the effort to rebuild failed states, much less to do so in the form of a broadly representative democracy, is, in Bentham’s phrase, nonsense on stilts; and 3. That, neither the United Nations nor, by implication, any other actor, should ever mix coercive activities with mediation and other soft measures for building and maintaining peace. (p. 3)
All of the above points are addressed in a good amount of detail in this essay.
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1954. Fetherston, A. Betts (1998). “Voices from Warzones: Implications for Training UN Peacekeepers,” pp. 158–175. In Edward Moxon-Browne (Ed.) A Future for Peacekeeping? New York: St. Martin’s Press. The upshot of this thought-provoking essay by Fetherston, lecturer in peace studies at the University of Bradford in England, is as follows: Left out of both concepts and practices of conflict management are the voices of people who “own” the problem. . . . [G]iven the true scope of war zones . . . , much more emphasis would usefully be turned toward transforming structures and processes within local communities, since it is these communities who provide the raw material through which war is supported, upon whom war is inflicted and by whom long-term transformation will be constructed. If the implications of such arguments were considered in terms of peacekeeping it would—and should—fundamentally shift the emphasis of the practice of peacekeeping toward peacebuilding and demilitarization. This will require that we overcome habitus in thinking about conflict management in the terms and limits of conflict settlement strategies and military security largely adhered to by the international community. (p. 172)
1955. Griffin, Michelle, and Jones, Bruce (2001). “Building Peace Through Transitional Authority: New Directions, Major Challenges,” pp. 75–90. In Adekeye Adebajo and Chandra Lekha Sriram (Eds.) Managing Armed Conflicts in the 21st Century. London and Portland, OR: Frank Cass Publishers. This essay examines peace-building efforts in Kosovo (1999–2000) and in East Timor (1999–2000). It is comprised of the following sections: UN Transitions After the Cold War, Building Peace in Kosovo, Building Peace in East Timor, The Unique Cases of Kosovo and East Timor, and New Challenges. 1956. Heje, Claus (1998). “United Nations Peacekeeping—An Introduction,” pp. 1–5. In Edward Moxon-Browne (Ed.) A Future for Peacekeeping? New York: St. Martin’s Press. See annotation # 1754. 1957. Jeong, Ho-Won (2002). Approaches to Peacebuilding. New York: Palgrave Macmillan. 215 pp. The contributors to this book explore the ways in which the dynamics of post-conflict situations can be transformed to sustainable peace. Contributors focus on designs and models of peace-building, functions of peacekeeping, capacity building through negotiations, reconciliation, the role of gender in social reconstruction, and policy coordination among different components of peace-building. The authors analyze past and current experiences
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of peace-building and suggest conceptual and policy approaches that they argue can overcome the weaknesses of existing strategies. The book is comprised of the following parts and chapters: Part I: Introduction (“Peacebuilding: Conceptual and Policy Issues” by H. W. Jeong; “Does Peacebuilding Build Peace?” by C. P. David ); Part II: Peacekeeping and Capacity Building (“Peacekeeping Strategies for Peacebuilding Multi-Functional Roles” by H. W. Jeong; “Negotiation Readiness in the Development Context: Adding Capacity to Ripeness” by B. I. Spector); Part III: Reconciliation and Social Rehabilitation (“Reconciliation: Contexts and Consequences” by C. Lerche and H. W. Jeong; “Gender in Post-Conflict Reconstruction” by S. McKay); Part IV: Policy Design and Operational Issues (“Peacebuilding Design: A Synergetic Approach” by H. W. Jeong, and “Operational Issues for Peacebuilding: Organizational Imperatives” by H. W. Jeong and D. Last). 1958. Keating, Tom, and Knight, Andy W. (Eds.) (2004). Building Sustainable Peace. Alberta: The University of Alberta Press, and United Nations University Press. 502 pp. Building Sustainable Peace presents an overview of the field of peace studies and offers analytical tools that promote a critical reconceptualization of peace and conflict, while also making specific reference to peace-building strategies employed in recent international conflicts. The chapters most germane to the issue of genocide and peace-building are: “Introduction: Recent Developments in Post Conflict Studies: Peacebuilding and Governance”; “Rethinking Humanitarian Intervention”; “Commodification, Compartmentalization, and Militarization of Peacebuilding”; “Humanitarian Actors and the Politics of Preventive Action”; “Praxis versus Policy: Peacebuilding and the Military”; “Defining a Role for Civil Society: Humanitarian NGOs and Peacebuilding Operations”; “Peacebuilding in Southeast Asia: An Assessment of ASEAN”; “Participatory Peacebuilding”; “Sustainable Peace: Who Pays the Price?”; “Prospects for the Emergence of a Global Small Arms Regime”; “Cultures of Violence”; “From a Culture of Violence to a Culture of Peace: Evolving Cosmopolitan Politics and Ethics”; and “Conclusion: Peacebuilding Theory and Praxis.” 1959. Morphet, Sally (2002). “Current Civil Administration: The Need for Political Legitimacy.” Special issue (“Recovering from Civil Conflict: Reconciliation, Peace and Development”) of International Peacekeeping, Summer, 9(2):140–162. The abstract of this piece states that:
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This contribution examines the three current international transitional civil administrations in Bosnia, the Federal Republic of Yugoslavia and East Timor, as well as the former UN Transitional Administration in Eastern Slavonia, Baranja and Eastern Sirmium (UNTAES) in Croatia. The findings suggest that transitional civil administrations are more likely to achieve political legitimacy, nationally and internationally, if peacebuilding work is based on international legal standards and norms. The essay argues that the contribution of civil administration to peacebuilding needs to be considered in terms of wider contextual factors. It discusses the legal and practical problems raised by governmental disregard of certain international legal norms within former Yugoslavia, the particular problems regional actors encounter in dealing with civil administration in their region and the rest of the world community, and the usefulness of thinking about the past experience of civil administration in preparing future exit strategies. (n. p.)
1960. Paris, Roland (2004). At War’s End: Building Peace After Civil Conflict. New York: Cambridge University Press. 289 pp. The author of this book examines the fourteen major peace-building missions launched between 1989 and 1999. Each of them shared a common strategy for consolidating peace after internal conflicts: immediate democratization and marketization. The author argues that transforming war-shattered states into market democracies is basically sound, but pushing this process too quickly can have damaging and destabilizing effects. The process of liberalization is inherently tumultuous, and can undermine the prospects for stable peace. Instead, they argue, a more sensible approach to post-conflict peace-building would seek, first, to establish a system of domestic institutions that are capable of managing the destabilizing effects of democratization and marketization within peaceful bounds and only then phase in political and economic reforms slowly, as conditions warrant. Peace-builders should establish the foundations of effective governmental institutions prior to launching wholesale liberalization programs. Avoiding the problems that marred many peace-building operations in the 1990s will require longer-lasting and, ultimately, more intrusive forms of intervention in the domestic affairs of these states. The book is comprised of the following: Part I. Foundations: 1. “The Origins of Peacebuilding”; 2. “The Liberal Peace Thesis”; Part II. The Peacebuilding Record: 3. “Introduction to the Case Studies”; 4. “Angola and Rwanda: The Perils of Political Liberalization”; 5. “Cambodia and Liberia: Democracy Diverted”; 6. “Bosnia and Croatia: Reinforcing Ethnic Divisions”; 7. “El Salvador, Nicaragua, and Guatemala: Reproducing the Sources of Conflict”; 8. “Namibia and Mozambique: Success Stories in Southern Africa?”; Part III. Problems and Solutions: 9. “Bad Theory, Bad Practice: The Limits of
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Wilsonianism”; 10. “Towards More Effective Peacebuilding: Institutionalization Before Liberalization”; and 11. “Lessons Learned and Not Learned: Kosovo, East Timor, Sierra Leone, and Beyond.” 1961. Ramsbotham, Oliver (2000). “Reflections on UN Post-Settlement Peacebuilding,” pp. 169–89. In Tom Woodhouse and Oliver Ramsbotham (Eds.) Peacekeeping and Conflict Resolution. London and Portland, OR: Frank Cass Publishers. In his introduction, Ramsbotham, professor of peace and conflict studies at Bradford University, suggests that “Large-scale UN peace support operations of the kind being considered here offer insight into a set of assumptions about conflict resolution in non-interstate wars which became current at the end of the Cold War as part of a new global agenda set . . . by the dominant Western capitalist and liberal democratic states, the civil societies within them, Western non-governmental organizations and the international institutions which those states largely controlled” (p. 170). Among the many issues he examines and discusses herein are: the definition of post-settlement peace-building, the challenge of post-settlement peace-building, and the UN’s post settlement peace-building “standard operation procedure.” 1962. Ratner, Steven R. (1993). “The United Nations in Cambodia: A Model for Resolution of Internal Conflicts,” pp. 241–273. In Lori Fisler Damrosch (Ed.) Enforcing Restraint: Collective Intervention in Internal Conflicts. New York: Council on Foreign Relations. In this interesting essay, Ratner, who served as legal adviser to the U.S. delegation to the Paris Conference on Cambodia and during negotiations among the five permanent members of the UN Security Council on Cambodia, delineates the approach the international community used to resolve the Cambodian conflict, with specific attention to the UN’s authority in the governance of Cambodia. In his introduction, Ratner asserts that The linchpin of the Cambodia settlement was the agreement by the Cambodian and external parties to the establishment of a large and powerful UN operation to supervise the implementation of the accords. The agreements gave the United Nations Transitional Authority in Cambodia (UNTAC) vast authority: not only was UNTAC responsible for overseeing a demobilization of warring factions, the return of hundreds of thousands of refugees, and the monitoring of a ban on military assistance to the factions, but it had an extensive mandate over the civil administration of the country. UNTAC was to ensure the political neutrality of the governments in place in Cambodia, monitor human rights conditions, and organize and conduct—not merely oversee—free and fair elections (pp. 241–242).
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In a latter section entitled “Beyond Cambodia: A New Paradigm for Responding to Internally Ravaged States?”, Ratner suggests that “The establishment of UNTAC may point the way to expanded roles for the UN in restoring order to other states riven by violence, anarchy, and economic collapse” (p. 259). 1963. Rikhye, Indar Jit (1992). Strengthening UN Peacekeeping: New Challenges and Proposals. Washington, D.C.: United States Institute of Peace. 48 pp. This report was written by a retired major general in the Indian Army who is also the former president of the International Peace Academy, which he founded in 1969. From the late 1950s through the early 1990s he worked in multilateral peacekeeping operations as a diplomat, soldier, and educator. He also served as a military adviser to UN Secretary-Generals Dag Hammarskjöld and U Thant, and in the early 1990s conducted special missions for the UN Secretary General in Rwanda and Burundi. Among the major recommendations Rikhye makes vis-à-vis UN peacekeeping efforts and peace building are the following: • Traditional practices of peacekeeping must be viewed as only one part of an all-encompassing process that includes not only observation and enforcement but also peacebuilding and peacemaking. Individual peacekeeping operations should be planned to complement other initiatives such as diplomacy and mediation, negotiation, promotion of reconciliation, border demarcation and maintenance, humanitarian assistance, and economic reconstruction. For a more detailed description of this report, see annotation # 1758. 1964. Sampson, Cynthia, Abu-Nimer, Mohammed, Liebler, Claudia, and Whitney, Diana (Eds.) (2003). Positive Approaches to Peacebuilding: A Resource for Innovators.Washington D.C.: Pact Publications. 435 pp. Leading practitioners and scholars of conflict resolution, peace-building, organizational development and international development address the origins, assumptions and principles of positive change methodologies. The authors provide concrete examples for practitioners working in the field of peace-building, whether from a base within academia or in nongovernmental, governmental, or intergovernmental agencies. 1965. Säve-Söderbergh, Bengt, and Lennartsson, Izumi Nakamitsu (2002). “Electoral Assistance and Democratization,” pp. 357–377. In Fen Osler Hampson and David M. Malone (Eds.) From Reaction to Conflict Prevention: Opportunities for the UN System. Boulder, CO: Lynne Rienner Publishers.
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In this chapter, the authors (Säve-Söderbergh, the secretary general of the International Institute for Democratic and Electoral Assistance; and Lennartsson, chef de cabinet at the International Institute for Democratic and Electoral Assistance) examine the significance of democratic institutions and processes in managing conflict and set out to demonstrate the usefulness of democratization assistance as an instrument for the prevention of violent conflict. The essay is comprised of the following sections: Root Causes and Structural Sources of Contemporary Violent Conflict; Emerging Linkage Between Peace, Development, and Democratization: The Reality of UN Missions; Key Challenges of Democratization Assistance in Conflict Prevention; and Designing and Supporting Democratic Institutions as Conflict Management Instruments. 1966. Schnabel, Albrecht (2002). “Post-Conflict Peacebuilding and Second- Generation Preventive Action.” Special Issue (“Recovering from Civil Conflict: Reconciliation, Peace and Development” edited by Edward Newman and Albrecht Schnabel) of International Peacekeeping, Summer, 9(2):7–30. In the abstract to this article, the following is stated: In response to the human suffering and regional instability caused by internal conflicts, the United Nations, regional and subregional organizations, as well as groups of concerned states, seem to be increasingly willing and able to launch interventions into states that cannot and will not provide for the security of all of their citizens, or that tolerate or instigate gross human rights violations. However, the jurisdiction and capacity of international organizations to prevent internal conflicts, successfully manage and end them once they have broken out, and prevent their re-emergence through sustainable post-conflict peacebuilding, are still weak. [This article] argues that peacebuilding is only sustainable if it embraces core principles of conflict prevention; that preventive action is more feasible (although more complex) in the post-conflict environment; and that lessons from post-conflict preventive action must inform and encourage pre-conflict prevention. (n.p.)
1967. Secretary-General’s High-Level Panel on Threats, Challenges, and Change (2004). A More Secure World: Our Shared Responsibility: Report of the Secretary-General’s High-Level Panel on Threats, Challenges, and Change. New York: United Nations Department of Public Information. 129 pp. Several sections of this report are germane to the UN and the issue of peacebuilding: XI. Post-Conflict Peacebuilding; and XII. Protecting Civilians; and XV. A Peacebuilding Commission. 1968. Solomon, Richard (1999). “Bringing Peace to Cambodia,” pp. 279–323. In Chester A. Crocker, Fen Osler Hampson, and Pamela Aall (Eds.) Herding Cats: Multiparty Mediation in a Complex World. Washington, D.C.: United States Institute of Peace Press.
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In the “background piece” to this chapter, it is reported that “In implementing the [1991] peace plan, the United Nations assumed control of state operations in Cambodia for a two-year period, and a power-sharing government was formed after international supervised elections in 1993. Although internal power struggles resurfaced after the elections, the UN settlement succeeded in ending foreign intervention in Cambodia’s affairs, and it created conditions in which the genocidal Khmer Rouge revolutionary movement turned in on itself in a final spasm of self-destructive violence (italics added). By 1998, Cambodia had a successful second round of elections and gained a degree of normalcy that was recognized by its acceptance into ASEAN” (pp. 275–276). In this piece, Richard Solomon, president of the United States Institute of Peace and former U.S. assistant secretary of state for East Asian and Pacific Affairs from 1989 to 1992, discusses the peace that was constructed in Cambodia, the process that was used, the major parties involved, and the complexity of the Cambodian mediation. 1969. Steele, Jonathan (2002). “Nation Building in East Timor.” World Policy Journal, Summer, 19(2):76–108. This article, by a senior foreign correspondent with The Guardian (London) who spent a month in East Timor as a consultant to the United Nations Transitional Administration, is comprised of the following sections: A Destroyed Country; Patriating Power from New York to Dili; Justice Delayed; A Neglected Asset; Handcuffing U.N. Missions; A “Them” and “Us” Culture; and The United Nations Can Do the Job. Steele concludes by stating that The United Nations can feel proud of its first effort at peace building with an all-inclusive mandate. UNTAET succeeded admirably in the primary part of its mission protecting East Timor from reprisals by the militias and providing an environment for most refugees, one third of the population, to come home. Working with the Timorese leadership, it created a sound foundation for a modern system of democratic government, at least at the central level. It began, if slowly, to prosecute some of those responsible for the 1999 repression. It kept the international community focused on East Timor, maintaining a reasonable flow of donor funding. Where there were problems, they arose from inadequacies in UNTAETS’s internal management, insufficient attention to training Timorese, a tendency to highlight institution building too far above social and economic development, and the comparative neglect of the energy sector as the central platform for the country’s economy. The style of UNTAET’s operations and the insensitive behavior of many of its staff prompted justifiable complaints from local people. But the blemishes pale beside the overall record of success, and the United Nations can justifiably claim that, if it is given support by the Security Council’s
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member governments, it has the tools and the experience to take on other nation-building tasks in the future. (p. 86)
1970. United Nations Institute for Disarmament Research (1996). Managing Arms in Peace Processes: Cambodia. New York and Geneva: United Nations. 254 pp. A major report on an issue/problem that often constitutes the bane of peacekeeping, peace enforcement, and peace-building efforts. 1971. The United States Institute of Peace’s Balkans Working Group (1999). “Yugoslavia”: Building Democratic Institutions. Washington, D.C.: United States Institute of Peace. 8 pp. This report is comprised of the following components: Introduction; Kosovo and the Region; Promoting Democracy in Yugoslavia; Focus on Democratic Institutions (Open Media, Indigenous NGOs, Labor Unions, Education, Independent Judiciary, Political Leadership Development, Local Governance, Electoral Commissions, Youth Organizations, Form an International Support Group); Engagement or More Effective Isolation: The Sanctions Debate; Challenges Ahead; and Recommendations. (Editor’s Note: This report was written prior to the start of the NATO air campaign against the “Federal Republic of Yugoslavia” (“FRY”), which commenced on March 24, 1999.) 1972. Woodhouse, Tom, and Ramsbotham, Oliver (Eds.) (2000). Peacekeeping and Conflict Resolution. London and Portland, OR: Frank Cass Publishers. 269 pp. This book contains the following chapters on the issue of peace building: “Organizing for Effective Peacebuilding” by David Last; “Reflections on UN Post-Settlement Peacebuilding” by Oliver Ramsbotham; and “Peacekeeping, Conflict Resolution and Peacebuilding: A Reconsideration of Theoretical Frameworks” by A. B. Fetherston.
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16 Post-Conflict A. Peace Building Operations: Conceptual Approaches, The Implementation of Such, and Issues of Efficacy B. Demobilization C. Repatriation D. Transformation Via Legal and Democratic Transitions E. Economic Recovery F. Reconciliation G. Nation Building
A. Peace Building Operations: Conceptual Approaches, The Implementation of Such, and Issues of Efficacy 1973. Candio, Patrick, and Bleiker, Roland (2001). “Peacebuilding in East Timor.” The Pacific Review, 14(1):63–84. In this essay, the authors—a researcher and consultant working in Indonesia and a co-director of the University of Queensland’s Rotary Centre for International Studies, respectively, analyze some of the many political, economic and social challenges of East Timor’s transition to independence. In doing so, they scrutinizes the ethical dimensions of building peace in a territory devastated by the combined effect of Indonesia’s colonial occupation and the violent militia attacks of September 1999. They argue that the most difficult task ahead does not lie in the physical rebuilding of the territory—gargantuan as it may be—but in the more intricate
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and long-term rehabilitation of a traumatized society. . . . If not managed carefully, the reconstruction process could further exacerbate existing societal tensions and complicate the search for peace and reconciliation. The essay, then, identifies a number of crucial components necessary to counter such risks, including the need to promote popular participation in the rebuilding process. (p. 63)
1974. Doyle, Michael W. (1995). UN Peacekeeping in Cambodia: UNTAC’s Civil Mandate. Boulder, CO: Lynne Rienner Publishers. 115 pp. In his introduction, Doyle, Professor of Politics and International Affairs at Princeton University, writes as follows: Between May 23 and 28, 1993, the citizens of Cambodia, a devastated land that has seen invasion, civil war, and genocide in the last generation, voted in a long-awaited election run by the United Nations. The election was the culmination of years of peace talks as well as fifteen months of peacekeeping by the United Nations Transitional Authority in Cambodia (UNTAC). The news from Cambodia over the preceding months seemed uniformly bleak—massacres of ethnic Vietnamese, attacks on UN soldiers and civilians, harassment of opposition political parties, and incidents of renewed fighting . . . UNTAC assumed an unprecedented degree of “transitional authority” over Cambodia. Not since the colonial era and the post-World War II Allied occupations of Germany and Japan had a foreign presence held so much formal administrative jurisdiction over the civilian functions of an independent country. In Cambodia, unlike the UN’s subsequent experience in Somalia, this authority was exercised with formal consent of the four parties to Cambodia’s long civil strife under terms negotiated in a comprehensive framework and embodied in the Paris Agreements of 1991. But this consent proved to be fluid; all the parties resisted, and one, the Khmer Rouge, withdrew altogether and attacked UNTAC itself. It is time to explore the significance of UNTAC’s civil mandate for other complex, multidimensional peace operations the United Nations may undertake in the future . . . (p. 1)
The book is organized as follows: • Chapter 2 traces the history of the peacemaking process; • Chapter 3 describes the Paris Peace Agreements of 1991, under which the Security Council organized UNTAC; • Chapter 4 assesses UNTAC’s record, what worked and what didn’t; • Chapter 5 assesses the factors that produce success and failure in complex multidimensional peacekeeping operations; • Chapter 6 brings the story of the Cambodian peace operation up through the summer of 1994; • Chapter 7 draws the wider lessons of the Cambodia operation for other complex multidimensional UN efforts (p. 1).
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1975. Heininger, Janet E. (1994). Peacekeeping in Transition: The United Nations in Cambodia. New York: The Twentieth Century Fund Press. 183 pp. Written by a member of the faculty of American University’s School of International Service, this book is comprised of the following chapters: 1. “Introduction”; 2. “The Negotiation of the Peace Plan”; 3. “UNTAC’s Mandate, Structure, and Implementation”; 4. “Getting Ready to Rebuild: The Return of the Refugees and the Rehabilitation of Cambodia”; 5. “Working Toward a Neutral Political Environment: The Military, Civil Police, and Civil Administration Under UNTAC”; 6. “Building a Future for Cambodia: UNTAC’s Human Rights and Electoral Components”; and 7. “Lessons from a Venture into Peacebuilding.” 1976. Husanovic, Jasmina (2001). “’Post-Conflict’ Kosovo: An Anatomy Lesson in the Ethics/Politics of Human Rights,” pp. 263–280. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimensions. London and Portland, OR: Frank Cass Publishers. This essay is comprised of the following sections: The Insecurity Situation in Kosovo: Communities of Fear; The Political Stage in Flux; Radicalization and Instability; An Alternative on the Margins: The Genesis of Moderate Forces in Kosovo; The Record of “The International Community”; Towards Communities of Interest, Trust and Confidence; and The Ideology of Victimization Versus the Politics of Responsibility: Towards Post-Pessimism? 1977. Jeong, Ho-Won (2002). Approaches to Peacebuilding. New York: Palgrave Macmillan. 215 pp. The contributors to this book explore the ways in which the dynamics of post-conflict situations can be transformed to sustainable peace. Contributors focus on designs and models of peace-building, functions of peacekeeping, capacity building through negotiations, reconciliation, the role of gender in social reconstruction, and policy coordination among different components of peace-building. The authors analyze past and current experiences of peace-building and suggest conceptual and policy approaches that they argue can overcome the weaknesses of existing strategies. The book is comprised of the following parts and chapters: Part I: Introduction (“Peacebuilding: Conceptual and Policy Issues” by H. W. Jeong; “Does Peacebuilding Build Peace?” by C. P. David ); Part II: Peacekeeping and Capacity Building (“Peacekeeping Strategies for Peacebuilding Multi-Functional Roles” by H. W. Jeong; “Negotiation Readiness in the Development Context: Adding Capacity to Ripeness” by B. I. Spector); Part III: Reconciliation and Social Rehabilitation (“Reconciliation: Contexts and Consequences” by C. Lerche and H. W. Jeong; “Gender in Post-Conflict Reconstruction” by S. McKay); Part IV: Policy Design and Operational
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Issues (“Peacebuilding Design: A Synergetic Approach” by H. W. Jeong, and “Operational Issues for Peacebuilding: Organizational Imperatives” by H. W. Jeong and D. Last). 1978. Martin, Ian (2000). “After Genocide: The U. N. Human Rights Field Operation in Rwanda,” pp. 253–288. In Alice M. Henkin (Ed.) Honoring Human Rights. The Hague: Kluwer Law International. This essay is comprised of the following sections: Genocide in Rwanda; The U.N. Human Rights Response; The Mandate of the Human Rights Field Operation in Rwanda (HRFOR); Planning, Recruitment, Training and Guidance; Administrative and Logistical Support; Security; Addressing Past Violations; The Genocide; Investigation, Intervention, and Effectiveness; Refugees and Internally Displaced People; Internal and Public Reporting; Monitoring and Institution Building; Police, Prisons, and Judicial Reform; National Human Rights Institutions and NGOs; Human Rights Education and Promotion; Cooperation for Institution Building; United Nations Organization and Funding; and Conclusion. 1979. Maxwell, Dayton L. (1998). “Facing the Choice Among Bad Options in Complex Humanitarian Emergencies,” pp. 179–191. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers. In this thought-provoking essay, Maxwell, a retired U.S. senior foreign service officer for the Agency for International Development (USAID), argues that by failing to examine the mid- to long-term effects of implementing short-term politically acceptable solutions in countries immersed in conflict, “better options may be discarded. The willingness on the part of the international community to spend billions of dollars over the last few years in relief and minimal security protection for relief efforts has led to the use of the term ‘fig leaf.’ Providing relief hides the fact that more vigorous actions and greater risks are required to bring a conflict to a close” (p. 179). In his essay, Maxwell briefly discusses the tough choices that were avoided in Bosnia in 1994–1995 and Rwanda in 1994 and the resulting disasters that occurred. He then argues that economic assistance is a necessary but not a sufficient component of establishing a stable peace. He asserts that a determination must be made regarding the use of limited resources, especially when there are so many areas of need: establishing a neutral and professional security and justice system; re-establishing normal economic activity; restoring essential public services and utilities; determining and initiating the most appropriate economic and social policies; creating a governance [plan] which respects minority rights and evolves toward a viable democracy; planning and holding free and fair elections; disarming and
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demobilizing soldiers and militia, and, if need be, de-mining; repatriating refugees and internally-displaced persons; empowering civil society as a viable representative of the population; developing viable financial management; and creating a credible investment climate (p. 182). Finally, he posits a series of provocative questions that could be used to stimulate thinking and discussion regarding some of the many issues that need to be addressed in order to develop a more systematic approach to figuring out how organizations can work more effectively together. 1980. Maynard, Kimberly A. (1999). Healing Communities in Conflict: International Assistance in Complex Emergencies. New York: Columbia University Press. 245 pp. Maynard, who has worked in the field of disaster management and international aid for more than twenty years and was closely involved in the crisis in Kosovo (late 1990s), examines how complex emergencies/crises unfold, and also explores how the international community can be more effective in the regions of the world where civil war and ethnic strife have occurred in helping the people rebuild their communities following the end of the strife. She provides ample evidence as to how policymakers’ inadequate knowledge of local realties adversely affect their ability to respond effectively to specific situations and the needs of the local population. The book is comprised of two parts and eight chapters: Part One: Complex Emergencies Since the Cold War (1. “The International Humanitarian Context”; 2. The Nature of Conflicts and Complex Emergencies”; 3. “Forced Migration: A Consequence of Conflict”; 4. “The Process of Returning Home”; and 5. “Communities in Conflict”); and Part Two: Toward a Holistic Approach to Assistance (6. “Rebuilding Community Cohesion” 7. International Intercession in Community Rehabilitation”; and 8. “The Next Phase in International Aid”). 1981. Paris, Roland (2004). At War’s End: Building Peace After Civil Conflict. New York: Cambridge University Press. 289 pp. The author of this book examines the fourteen major peace-building missions launched between 1989 and 1999. Each of them shared a common strategy for consolidating peace after internal conflicts: immediate democratization and marketization. The author argues that transforming war-shattered states into market democracies is basically sound, but pushing this process too quickly can have damaging and destabilizing effects. “The process of liberalization is inherently tumultuous, and can undermine the prospects for stable peace. Instead, he argues, a more sensible approach to post-conflict peace-building would seek, first, to establish a system of
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domestic institutions that are capable of managing the destabilizing effects of democratization and marketization within peaceful bounds and only then phase in political and economic reforms slowly, as conditions warrant. Peacebuilders should establish the foundations of effective governmental institutions prior to launching wholesale liberalization programs. Avoiding the problems that marred many peace-building operations in the 1990s will require longer-lasting and, ultimately, more intrusive forms of intervention in the domestic affairs of these states” (p. 1). The book is comprised of the following: Part I. Foundations: 1. “The Origins of Peacebuilding”; 2. “The Liberal Peace Thesis”; Part II. The Peacebuilding Record: 3. “Introduction to the Case Studies”; 4. “Angola and Rwanda: The Perils of Political Liberalization”; 5. “Cambodia and Liberia: Democracy Diverted”; 6. “Bosnia and Croatia: Reinforcing Ethnic Divisions”; 7. “El Salvador, Nicaragua, and Guatemala: Reproducing the Sources of Conflict”; 8. “Namibia and Mozambique: Success Stories in Southern Africa?” Part III. Problems and Solutions: 9. “Bad Theory, Bad Practice: The Limits of Wilsonianism”; 10. “Towards More Effective Peacebuilding: Institutionalization Before Liberalization”; 11. “Lessons Learned and Not Learned: Kosovo, East Timor, Sierra Leone, and Beyond.” 1982. Plunkett, Mark (1994). “The Establishment of the Role of Law in PostConflict Peacekeeping,” pp. 65-78. In Hugh Smith (Ed.) International Peacekeeping: Building on the Cambodian Experience. Canberra: Australian Defence Studies Centre, Australian Defence Force Academy. A Barrister-at-Law who served as Human Rights Officer with the United Nations Transitional Authority in Cambodia (UNTAC) and as UN Special Prosecutor in Cambodia, Plunkett, discusses the lessons learned during the UNTAC experience regarding the latter’s efforts to reestablish the rule of law as an essential feature of post-conflict peacekeeping. In doing so, he discusses the following issues: a mandate for law and order, the problems presented by law and order in Cambodia, the paucity of policing and justice resources in Cambodia, the deficiencies of UNTAC criminal law, the problem of political violence, the office of the special prosecutor, and the origins of a proposal for UN Criminal Law and Courts as part of postconflict peacekeeping. 1983. Ratner, Steven R. (1993). “The United Nations in Cambodia: A Model for Resolution of Internal Conflicts,” pp. 241–273. In Lori Fisler Damrosch (Ed.) Enforcing Restraint: Collective Intervention in Internal Conflicts. New York: Council on Foreign Relations. In this interesting essay, Ratner, who served as legal adviser to the U.S. delegation to the Paris Conference on Cambodia and during negotiations
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among the five permanent members of the UN Security Council on Cambodia, “delineates the approach the international community used to resolve the Cambodian conflict, with specific attention to the UN’s authority in the governance of Cambodia, and discusses the applicability of that model to other disputes.” In his introduction, Ratner asserts that The linchpin of the Cambodia settlement was the agreement by the Cambodian and external parties to the establishment of a large and powerful UN operation to supervise the implementation of the accords. The agreements gave the United Nations Transitional Authority in Cambodia (UNTAC) vast authority: not only was UNTAC responsible for overseeing a demobilization of warring factions, the return of hundreds of thousands of refugees, and the monitoring of a ban on military assistance to the factions, but it had an extensive mandate over the civil administration of the country. UNTAC was to ensure the political neutrality of the governments in place in Cambodia, monitor human rights conditions, and organize and conduct—not merely oversee—free and fair elections. (pp. 241–242) In a latter section entitled “Beyond Cambodia: A New Paradigm for Responding to Internally Ravaged States?”, Ratner suggests that “The establishment of UNTAC may point the way to expanded roles for the UN in restoring order to other states riven by violence, anarchy, and economic collapse” (p. 259). 1984. Schnabel, Albrecht (2002). “Post-Conflict Peacebuilding and SecondGeneration Preventive Action.” International Peacekeeping, Summer, 9(2):7–30. This essay “evolves around three core arguments: first, peacebuilding is only sustainable if it embraces core principles of conflict prevention; second, preventive action is more feasible (yet more complex) in the post-conflict environment; and third, lessons from post-conflict preventive action must encourage and inform preconflict prevention—still the most effective stage of preventive action” (p.7). The essay is comprised of the following sections and subsections: Challenges and Consequences of Internal Conflict; The Case for Prevention: Idealist Agenda or Pragmatism?; The Challenge of Conflict Prevention; Post-Conflict Peacebuilding: A Second Chance for Preventive Action (Key Issues of the Post Conflict Agenda; What Will Work at the Post-Conflict State That Did Not Work Before); and Conclusion: The Perverse Nature of Prevention, or the Failure to Get it Right the First Time.
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1985. Solomon, Richard (1999). “Bringing Peace to Cambodia,” pp. 279–323. In Chester A. Crocker, Fen Osler Hampson, and Pamela Aall (Eds.) Herding Cats: Multiparty Mediation in a Complex World. Washington, D.C.: United States Institute of Peace Press. In the “background piece” to this chapter, it is stated that In implementing the [1991] peace plan, the United Nations assumed control of state operations in Cambodia for a two-year period, and a power-sharing government was formed after international supervised elections in 1993. Although internal power struggles resurfaced after the elections, the UN settlement succeeded in ending foreign intervention in Cambodia’s affairs, and it created conditions in which the genocidal Khmer Rouge revolutionary movement turned in on itself in a final spasm of self-destructive violence (italics added). By 1998, Cambodia had a successful second round of elections and gained a degree of normalcy that was recognized by its acceptance into ASEAN. (pp. 275–276)
In this piece, Richard Solomon, president of the United States Institute of Peace and former U.S. assistant secretary of state for East Asian and Pacific Affairs from 1989 to 1992, discusses the peace that was constructed in Cambodia—including the background of the situation in Cambodia, the processes that were used, the major parties involved to bring about the peace, and the complexity of the Cambodian mediation. 1986. Stanley Foundation (2002). Reconnecting Serbia Through Regional Cooperation. Muscatine, IA: Author. n.p. This report, cum action plan, resulted from a project entitled “Serbia and the Challenge of Regional Integration.” It explores and identifies issues germane to fostering and creating an environment of “popular thinking in Serbia” for its integration into Southeastern Europe. The plan is presented as a potential strategy with recommendations to the international community and the region for promoting cooperation on three specific issues: economics, rural and agriculture development, and reconciliation. 1987. Steele, Jonathan (2002). “Nation Building in East Timor.” World Policy Journal, Summer, 19(2):76–108. This article, by a senior foreign correspondent with The Guardian (London) who spent a month in East Timor as a consultant to the United Nations Transitional Administration, is comprised of the following sections: A Destroyed Country, Patriating Power from New York to Dili, Justice Delayed, A Neglected Asset, Handcuffing U. N. Missions, A “Them” and “Us Culture, and The United Nations Can Do the Job. Steele concludes by stating that
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The United Nations can feel proud of its first effort at peace building with an all-inclusive mandate. UNTAET succeeded admirably in the primary part of its mission protecting East Timor from reprisals by the militias and providing an environment for most refugees, one third of the population, to come home. Working with the Timorese leadership, it created a sound foundation for a modern system of democratic government, at least at the central level. It began, if slowly, to prosecute some of those responsible for the 1999 repression. It kept the international community focused on East Timor, maintaining a reasonable flow of donor funding. Where there were problems, they arose from inadequacies in UNTAET’s internal management, insufficient attention to training Timorese, a tendency to highlight institution building too far above social and economic development, and the comparative neglect of the energy sector as the central platform for the country’s economy. The style of UNTAET’s operations and the insensitive behavior of many of its staff prompted justifiable complaints from local people. But the blemishes pale beside the overall record of success, and the United Nations can justifiably claim that, if it is given support by the Security Council’s member governments, it has the tools and the experience to take on other nation-building tasks in the future (p. 86).
1988. Thompson, Mark, and Price, Monroe E. (2003). “Intervention, Media and Human Rights.” Survival: The IISS Quarterly, Spring, 45(1):183–202. The authors examine how international peace operations in the 1990s faced the problem of developing a capacity for tackling the problem of media manipulation in societies racked by or recovering from massive conflict. They note that at the time there was “little organizational awareness as to how the international community should react either to the incendiary uses of media in Rwanda before and during the 1994 genocide, or to the systematic manipulation of public opinion in Bosnia after [the] Dayton [Accords]” (p. 184). They go on to discuss such ideas/issues as: information intervention (actions by a powerful state or a combination of states—most commonly in the name of an international community—that may be taken to prevent conflict, during the course of a conflict, or as part of post-conflict reconstruction); rule of law; free speech and incitement; media for peace; and “state and public service” broadcasting. B. Demobilizaton 1989. Gagnon, V. P., Jr. (2004). The Myth of Ethnic War: Serbia and Croatia in the 1990s. Ithaca, NY: Cornell University Press. 217 pp. The last two chapters in this book by V. P. Gagnon, assistant professor of Politics at Ithaca College and visiting fellow in the Peace Studies Program
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at Cornell University, are entitled “Serbia and the Strategy of Demobilization, 1990-2000,” and “Croatia and the Strategy of Demobilization, 1990–2000.” 1990. Maxwell, Dayton L. (1998). “Facing the Choice Among Bad Options in Complex Humanitarian Emergencies,” pp. 179–191. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers. Herein, Maxwell discusses, in part, the issues of disarmament, demobilization and “de-mining.” For a more detailed discussion of this article, see annotation # 1979. 1991. Ratner, Steven R. (1993). “The United Nations in Cambodia: A Model for Resolution of Internal Conflicts,” pp. 241–273. In Lori Fisler Damrosch (Ed.) Enforcing Restraint: Collective Intervention in Internal Conflicts. New York: Council on Foreign Relations. One section deals with UNTAC’s responsibility for overseeing a demobilization of warring factions. For a more detailed description of this essay, see annotation # 1983. C. Repatriation 1992. Hart, Barry (2001). “Refugee Return in Bosnia and Herzegovina: Coexistence before Reconciliation,” pp. 291–310. In Mohammed Abu- Nimer (Ed.) Reconciliation, Justice, and Coexistence: Theory and Practice. Lanham, MD: Lexington Books. This chapter by Hart, an Associate Professor at the Institute for Peacebuilding at Eastern Mennonite University in Harrisonburg, Virginia, is comprised, in part, of the following sections: a short overview of the relational history between the Serbs, Croats, and Bosnian Muslims; The Dayton Agreement; obstacles to reconciliation; CARE’S Welcome and Information Center Project; theory for practice; and practice from theory. 1993. Maxwell, Dayton L. (1998). “Facing the Choice Among Bad Options in Complex Humanitarian Emergencies,” pp. 179–191. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers. In part, Maxwell discusses the critical and complex issues of the repatriation of refugees and internally-displaced persons.
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For a more detailed description of this piece, see annotation # 1979. 1994. Maynard, Kimberly A. (1999). Healing Communities in Conflict: International Assistance in Complex Emergencies. New York: Columbia University Press. 245 pp. This book includes two chapters that discuss the issue of the plight of refugees: 3. “Forced Migration: A Consequence of Conflict,” and 4. “The Process of Returning Home.” For a more detailed description of this piece, see annotation # 1980. 1995. Menzies, John, and Metre, Lauren Van (1999). Bosnia Report Card: Pass, Fail, or Incomplete? (A United States Institute of Peace Special Report.) Washington, D.C.: United States Institute of Peace. 12 pp. This report constitutes an assessment of the Dayton Peace Accord three years into its implementation in an attempt to bring peace to Bosnia. One of its sections is entitled “Refugee Returns.” 1996. O’Flaherty, Michael, and Gisvold, Gregory (1998). Post-War Protection of Human Rights in Bosnia and Herzegovina. The Hague: Martinus Nijhoff Publishers. 333 pp. The purpose of this book is to contribute to the process of interpreting and assessing the post-Dayton human rights regime in Bosnia and Herzegovina. One chapter in the book deals specifically with repatriation: “Bosnia and Herzegovina and the Right to Return in International Law” by Maria Stavropoulou. 1997. Ratner, Steven R. (1993). “The United Nations in Cambodia: A Model for Resolution of Internal Conflicts,” pp. 241–273. In Lori Fisler Damrosch (Ed.) Enforcing Restraint: Collective Intervention in Internal Conflicts. New York: Council on Foreign Relations. One section deals with UNTAC’s oversight of the return of hundreds of thousands of refugees. For a more detailed description of this essay, see annotation # 1983. 1998. Smillie, Ian (Ed.) (2001). Patronage or Partnership?: Local Capacity Building in Humanitarian Crises. Bloomsfield, CT: Kumarian Press. 212 pp. This book, edited by Ian Smillie for the Humanitarianism and War Project at Tufts University, highlights and reviews experiences (from mid- to late1990s and early 2000) in strengthening local institutions, governmental and nongovernmental alike, in various countries (including Bosnia and Guatemala). Furthermore, “it examines various aspects of the tensions
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between international initiatives to save lives, or, in the case of postconflict settings, to reconstruct the parallel and sometimes competing international commitment to ‘capacitation’” (p. vii). This book contains a chapter entitled “Women’s Organizations in Guatemalan Refugee and Returnee Populations” by Mike Lettert. D. Transformation Via Legal and Democratic Transitions 1999. Chopra, Jarat (2000). “The UN’s Kingdom of East Timor.” Survival, Autumn, 42(3):27–39. Chopra, who resigned as head of the UN Transitional Authority in East Timor’s (UNTAET) Office of District Administration on March 6, 2000, asserts the following in his introduction: With its transitional administration in East Timor, the UN is exercising sovereign authority within a fledgling nation for the first time in its history. This development is consistent with the trend towards increasing social and territorial control in interventions to remedy the breakdown of failed states, combat warring factions and topple abusive warlords. But the result will be merely another form of authoritarianism unless the transitional administrators themselves submit to a judicious separation of powers and to genuine accountability to the local people whom they serve. Peace-maintenance will win legitimacy only if global governors lead by example. Thus far, the UN has not done so in East Timor. (p. 27)
The article is comprised of the following sections: Scorched Earth, UN Sovereignty, Authoritarian UNTAET, Failed “Timorization,” and Misguided Leadership. 2000. Doyle, Michael W. (1995). UN Peacekeeping in Cambodia: UNTAC’s Civil Mandate. Boulder, CO: Lynne Rienner Publishers. 115 pp. In his introduction, Doyle, professor of Politics and International Affairs at Princeton University, writes as follows: Between May 23 and 28, 1993, the citizens of Cambodia, a devastated land that has seen invasion, civil war, and genocide in the last generation, voted in a long-awaited election run by the United Nations. The election was the culmination of years of peace talks as well as fifteen months of peacekeeping by the United Nations Transitional Authority in Cambodia (UNTAC). The news from Cambodia over the preceding months seemed uniformly bleak—massacres of ethnic Vietnamese, attacks on UN soldiers and civilians, harassment of opposition political parties, and incidents of renewed fighting. UNTAC assumed an unprecedented degree of “transitional authority” over Cambodia. Not since the colonial era and the post-World War II Allied oc-
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cupations of Germany and Japan had a foreign presence held so much formal administrative jurisdiction over the civilian functions of an independent country. In Cambodia, unlike the UN’s subsequent experience in Somalia, this authority was exercised with formal consent of the four parties to Cambodia’s long civil strife under terms negotiated in a comprehensive framework and embodied in the Paris Agreements of 1991. But this consent proved to be fluid; all the parties resisted, and one, the Khmer Rouge, withdrew altogether and attacked UNTAC itself. It is time to explore the significance of UNTAC’s civil mandate for other complex, multidimensional peace operations the United Nations may undertake in the future. In this book I seek to begin to answer these questions by drawing out the lessons of the Cambodian peace operation and developing the strategic categories embedded in Secretary-General Boutros Boutros-Ghali’s Agenda for Peace: peacemaking, peacekeeping, and peacebuilding. I will explore how coalitions of especially interested and regional states made a peace agreement; how the peacekeeping process employed ad hoc semi-sovereign entities (the Cambodian Supreme National Council) to legitimate UNTAC’s direct implementation of its striking civil mandate to reconstruct the Cambodian polity as a democracy; and how, in the process, keeping the peace came to depend on building new institutions and empowering new actors with a stake in a peaceful and democratic Cambodia. (p. 1)
The book is organized as follows: • Chapter 2 traces the history of the peacemaking process; • Chapter 3 describes the Paris Peace Agreements of 1991, under which the Security Council organized UNTAC; • Chapter 4 assesses UNTAC’s record, what worked and what didn’t; • Chapter 5 assesses the factors that produce success and failure in complex multidimensional peacekeeping operations; • Chapter 6 brings the story of the Cambodian peace operation up through the summer of 1994; and • Chapter 7 draws the wider lessons of the Cambodia operation for other complex multidimensional UN efforts to achieve a peace from what was once civil war. 2001. Freeman, Michael (1999). “The Role of Institution Building in the Prevention of Genocide,” pp. 205–222. In Roger W. Smith (Ed.) Genocide: Essays Toward Understanding, Early-Warning, and Prevention. Williamsburg, VA: Association of Genocide Scholars and the Department of Government, College of William and Mary. In this essay, Freeman’s argument is basically as follows: “Genocide scholars have generally pinned their hopes for the prevention of genocide on thirdparty intervention . . . , [but] that is not the only option and not always the
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most promising one. The development of democratic social institutions is at least as important. The misleading named ‘international community’ suffers from a defect similar to that found in societies that are especially vulnerable to genocide: it is under-institutionalized. It has institutions for intervention, but they are not only under-resourced, they are directed by state elites who are not strongly motivated to make them effective” (p. 218). 2002. Kirschke, Linda (2000). “Informal Repression, Zero-Sum Politics and Late Third Wave Transitions.” The Journal of Modern African Studies. September, 38(3):383–405. The abstract of this thought-provoking essays reads as follows: Transitions to multiparty politics occurred throughout sub-Saharan Africa with remarkable speed in the early 1990s, linking the region to the broader “third wave of democratization” which from 1974, progressively marked many areas of southern Europe, Latin America and post-communist Europe. Unlike most earlier cases of political reform, however, the changes in sub-Saharan Africa demonstrated a strong external orientation. A unique combination of donor pressure, internal opposition and “snowballing” led regimes to rapidly introduce multiparty politics regardless of whether ruling elites in fact supported democratization. The particular constraints surrounding these transitions place much of sub-Saharan Africa at high risk of civil violence. Drawing on cases of Cameroon, Rwanda, and Kenya, this article argues that, during transitional periods, the greater the conflict between ruling elites and opposition forces, and the greater the pressure which regimes face to proceed with reform, the greater the likelihood that states will sponsor “informal repression” and covert violations by third parties to regain political control. (p. 383)
Scholars of genocide studies should find the section on Rwanda extremely interesting and thought-provoking. Indeed, this is a fascinating essay that deserves to be read by all government leaders, diplomats, and researchers concerned about and/or involved with democratic transitions and/or the effort to minimize/diminish conflict within nation-states. 2003. Kritz, Neil (Ed.) (1995). Transitional Justice: How Emerging Democracies Reckon with Former Regimes. Washington, D.C.: United States Institute of Peace Press. Volume 1: 604 pp; Volume II: 780 pp.; and Volume III: 834 pp. Volume I (“General Considerations”) is comprised of a wide variety of legal, political, and philosophical perspectives on how societies emerging from repression can deal with such a legacy. Volume II (“Country Studies”) examines more than twenty transitions from World War II through 1995, including the denazified programs of the 1950s, democratic transitions in mid-1970s Latin America, and decommunization efforts in the early 1990s. Volume III (“Laws, Rulings, and Reports”) includes over one hundred
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laws, regulations and decrees, constitutional provisions, juridical decisions, reports of official commissions of inquiry, and treaty excerpts from twentyeight countries and international organizations. 2004. Maxwell, Dayton L. (1998). “Facing the Choice Among Bad Options in Complex Humanitarian Emergencies,” pp. 179–191. In Max G. Manwaring and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers. Maxwell asserts that a determination must be made regarding the use of limited resources, especially when there are so many areas of need, including that of: establishing a neutral and professional security and justice system. For a more detailed description of this essay, see annotation # 1979. 2005. Menzies, John, and Metre, Lauren Van (1999). Bosnia Report Card: Pass, Fail, or Incomplete? (A United States Institute of Peace Special Report.) Washington, D.C.: United States Institute of Peace. 12 pp. This report constitutes an assessment of the Dayton Peace Accord three years into its implementation in an attempt to bring peace to Bosnia. It is comprised, in part, of the following sections: Democracy Building (Elections, and Civil Society); The Government; The Security Environment; and Recommendations (Democracy Building, Government, Economics, and International Community). 2006. Mitchell, Ian R. (2001). “The Ambiguities of Elections in Kosovo: Democratization versus Human Rights?” pp. 246–262. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimensions. London and Portland, OR: Frank Cass Publishers. In his introduction, the author, a former political advisor and director of Implementation for the Organization for Security and Cooperation in Europe’s (OSCE) Mission to Bosnia and Herzegovina (1996–1998), notes that in this essay “[T]he debate over elections will be assessed from a ‘top down’ perspective, examining the choices to be made by the international community with responsibility for the development of self-government in Kosovo. Elections will be taken as the primary focus of the international community’s democratization project, and therefore of this essay . . . ” (p. 246). The essay is comprised of the following sections: Democracy versus Democratization; The Main Schools of Criticism; Bosnia: A Stalemate; Sacrificing Democracy for Human Rights?; Consensus and Division on Kosovo; The Policy Dilemmas for the International Community; and Conclusion: The Ambiguities of Elections in Kosovo.
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2007. O’Flaherty, Michael, and Gisvold, Gregory (1998). Post-War Protection of Human Rights in Bosnia and Herzegovina. The Hague: Martinus Nijhoff Publishers. 333 pp. This book is comprised of the following chapters: Introduction; chapter 1. “An Overview of the Substantive Human Rights Regime After Dayton: A Critical Appraisal of the Constitution of Bosnia and Herzegovina” by Zoran Pajic; chapter 2. “The Role and Relationship of Constitutional and Non-Constitutional Domestic Human Rights Enforcement Mechanisms” by Nedo Milicevic; chapter 3. “Implications of the Special Status Accorded in the General Framework Agreement for Peace to the European Convention on Human Rights” by Nico Mol; chapter 4. “International Human Rights Operations in Bosnia and Herzegovina” by Michael O’Flaherty; chapter 5. “Disappearances in Bosnia and Herzegovina” by Manfred Nowak; chapter 6. “Bosnia and Herzegovina and the Right to Return in International Law” by Maria Stavropoulou; chapter 7. “The Impact of International Human Rights Law on the Property Law of Bosnia and Herzegovina” by Elena Popovic; chapter 8. “The Relevance of International Human Rights Law for the Development of Economic, Social, and Cultural Policy in Bosnia and Herzegovina” by Susanne Malmstrom; chapter 9. “Strategies to Combat Discrimination Against Women” by Christine Chinkin; chapter 10. “The Post-Dayton Role of the International Criminal Tribunal for the Former Yugoslavia” by Drazen Petrovic; chapter 11. “The United Nations Treaty Bodies and Bosnia and Herzegovina” by Michael O’Flaherty; chapter 12. “A Truth Commission for Bosnia and Herzegovina” by Gregory Gisvold; and “Afterword” by Gret Haller. 2008. Paris, Roland (2004). At War’s End: Building Peace After Civil Conflict. New York: Cambridge University Press. 289 pp. See annotation # 1981. 2009. Plunkett, Mark (1994). “The Establishment of the Role of Law in PostConflict Peacekeeping,” pp. 65–78. In Hugh Smith (Ed.) International Peacekeeping: Building on the Cambodian Experience. Canberra: Australian Defence Studies Centre, Australian Defence Force Academy. Plunkett, a barrister who served as human rights officer with the United Nations Transitional Authority in Cambodia (UNTAC) and as UN special prosecutor in Cambodia, discusses the lessons learned during the UNTAC experience regarding the latter’s efforts to reestablish the rule of law as an essential feature of post-conflict peacekeeping. In doing so, he discusses the following issues: a mandate for law and order, the problems presented by law and order in Cambodia, the paucity of policing and justice resources in Cambodia, the deficiencies of UNTAC criminal law, the problem of political
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violence, the office of the special prosecutor, and the origins of a proposal for UN Criminal Law and Courts as part of post-conflict peacekeeping. 2010. Prendergast, John, and Smock, David (1999). Postgenocidal Reconciliation: Building Peace in Rwanda and Burundi. Washington, D.C.: United States Institute of Peace. 15 pp. This is the third and final report in a series on African conflict-resolution efforts. This report results from a fact-finding mission by the U.S. Peace Institute’s Coordinator for Activities David Smock and Executive Fellow John Prendergast to the Great Lakes area during July 1999. Discussions were held with over two hundred government and civil-society leaders in the Great Lakes area, OAU officials, UN representatives, U.S. and European aid and diplomatic officials, and nongovernmental (NGO) personnel. The report is comprised, in part, of the following topics: “Democratic Institution Building”; and “Human Rights Promotion.” 2011. Ratner, Steven R. (1993). “The United Nations in Cambodia: A Model for Resolution of Internal Conflicts,” pp. 241–273. In Lori Fisler Damrosch (Ed.) Enforcing Restraint: Collective Intervention in Internal Conflicts. New York: Council on Foreign Relations. In this interesting essay, Ratner, who served as legal adviser to the U.S. delegation to the Paris Conference on Cambodia and to negotiations among the five permanent members of the UN Security Council on Cambodia, delineates the approach the international community used to resolve the Cambodian conflict, with specific attention to the UN’s authority in the governance of Cambodia, and discuses the applicability of that model to other disputes. In his introduction, Ratner asserts that The linchpin of the Cambodia settlement was the agreement by the Cambodian government and external parties to the establishment of a large and powerful UN operation to supervise the implementation of the accords. The agreements gave the United Nations Transitional Authority in Cambodia (UNTAC) vast authority, including an extensive mandate over the civil administration of the country. UNTAC was to ensure the political neutrality of the governments in place in Cambodia, monitor human rights conditions, and organize and conduct—not merely oversee—free and fair elections.” (pp. 241–242)
In a latter section entitled “Beyond Cambodia: A New Paradigm for Responding to Internally Ravaged States?”, Ratner suggests that “The establishment of UNTAC may point the way to expanded roles for the UN in restoring order to other states riven by violence, anarchy, and economic collapse” (p. 259).
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2012. Smith, Zeric Kay, (2000). “The Impact of Political Liberalisation and Democratisation on Ethnic Conflict in Africa: An Empirical Test of Common Assumptions.” The Journal of Modern African Studies. March, 38(1):21– 39. This is a thought-provoking article by a senior research associate at the Walker Institute of International Studies at the University of South Carolina. In this essay, Smith provides an empirical test of a set of common theoretical assumptions concerning the relationship between political liberalisation, democratisation and ethnic conflict in Africa. The theory in question posits that liberalisation will result in short-term increases in ethnic conflict and that democratisation will be followed by a decrease in ethnic conflict. The essay employs a crossnational and time sensitive data set to test this hypothesis in the context of contemporary sub-Saharan Africa. A compelling benefit of this methodology is that it allows for an explanation of variation in ethnic conflict both across states and over time. The results indicate that the relationship between political liberalisation and ethnic conflict is the reverse of what the common assumptions would predict. Liberalisation has had an inverse relationship to ethnic conflict in sub-Saharan Africa between 1988 and 1997. Democratisation does not have the hypothesized effect. . . . Structural variables as represented by GDP per capita and infant mortality rates are also systematically related to ethnic conflict. . . . [The key conclusion is] that policy-makers and analysts should continue to pursue both liberalisation and democratic institutions, while providing some measure of relief, [but all the while keeping in mind that they] are by no means silver bullets for the difficult challenges posed by ethnic conflict in Africa. (p. 21)
2013. The United States Institute of Peace’s Balkans Working Group (1999). “Yugoslavia”: Building Democratic Institutions. Washington, D.C.: United States Institute of Peace. 8 pp. This report is comprised of the following components: “Introduction”; “Kosovo and the Region”; “Promoting Democracy in Yugoslavia”; “Focus on Democratic Institutions” (Open Media, Indigenous NGOs, Labor Unions, Education, Independent Judiciary, Political Leadership Development, Local Governance, Electoral Commissions, Youth Organizations, Form an International Support Group); “Engagement or More Effective Isolation: The Sanctions Debate”; “Challenges Ahead”; and “Recommendations.” Note: This report was written prior to the start of the NATO air campaign against the “Federal Republic of Yugoslavia” (“FRY”) on March 24, 1999. 2014. Vuckovic, Gojko (1999). “Promoting Peace and Democracy in the Aftermath of the Balkan Wars: Comparative Assessment of the Democratization and
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Institution-Building Processes in Croatia, Bosnia and Herzegovina, and Former Yugoslavia.” World Affairs. Summer, 162(1):3–10. A short but thought-provoking essay on the crisis precipitated by the democratization in socialist countries following the end of the cold war, and a set of suggestions in regard to how such crises (e.g., ethnic violence and intrastate wars) could possibly be avoided. Concluding his essay, Vuckovic asserts that The violence that erupted in Kosovo and Metohija and the subsequent intervention of the international community indicate how important it is to start immediately with dialog and democratization processes that will include all groups from a pluralist society in designing the institutions of their mutual state. Empirical evidence of the democratization processes in the severely divided societies in the Balkans indicates that democratization led to violence rather than to national dialogue on the future constitutional order and political practices; lack of national dialogue and violence led to escalation of conflict that attracted the international community; the international community intervened by providing and enforcing a peace agreement to bring peace and replace or supplement the existing constitutional order. . . . Timely and balanced involvement of the international community appears to be necessary. However, to spare them from unnecessary losses and human suffering, efforts of the international community to aid democratization should start before violence erupts by providing support for substantial democratization, rather than relying on intervention to stop the violence, and to provide and enforce the peace agreements. (p. 10)
E. Economic Recovery 2015. Menzies, John, and Metre, Lauren Van (1999). Bosnia Report Card: Pass, Fail, or Incomplete? (A United States Institute of Peace Special Report) Washington, D.C.: United States Institute of Peace. 12 pp. This report constitutes an assessment of the Dayton Peace Accord three years into its implementation in an attempt to bring peace to Bosnia. It is comprised of the following sections: Democracy Building (Elections, and Civil Society); Refugee Returns; Apprehension of War Criminals; The Government; The Security Environment; The Economy; and Recommendations (Democracy Building, Government, Economics, and International Community). 2016. Prendergast, John, and Smock, David (1999). Postgenocidal Reconciliation: Building Peace in Rwanda and Burundi. Washington, D.C.: United States Institute of Peace. 15 pp.
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This is the third and final report in a series on African conflict-resolution efforts. This report results from a fact-finding mission by the U.S. Peace Institute’s Coordinator for Activities David Smock and Executive Fellow John Prendergast to the Great Lakes area during July 1999. Discussions were held with over two hundred government and civil-society leaders in the Great Lakes area, OAU officials, UN representatives, U.S. and European Aid and diplomatic officials, and nongovernmental (NGO) personnel. This report includes a section entitled “Economic Peace Building Security Enhancement.” 2017. Ratner, Steven R. (1993). “The United Nations in Cambodia: A Model for Resolution of Internal Conflicts,” pp. 241–273. In Lori Fisler Damrosch (Ed.) Enforcing Restraint: Collective Intervention in Internal Conflicts. New York: Council on Foreign Relations. See annotation # 1983. 2018. Stanley Foundation (2002). Reconnecting Serbia Through Regional Cooperation. Muscatine, IA: Author. n.p. This report, cum action plan, resulted from a project entitled “Serbia and the Challenge of Regional Integration.” It explores and identifies issues germane to fostering and creating an environment of “popular thinking in Serbia” for its integration into Southeastern Europe. The plan is presented as a potential strategy with recommendations to the international community and the region for promoting cooperation on three specific issues: economics, rural and agricultural development, and reconciliation. F. Reconciliation 2019. Abu-Nimer, Mohammed (Ed.) (2001). Reconciliation, Justice, and Coexistence: Theory and Practice. Lanham, MD: Lexington Books. 361 pp. The chapters most germane to post-conflict situations vis-à-vis the issue of genocide are as follows: 1. “After Violence, Reconstruction, Reconciliation, and Resolution: Coping with Visible and Invisible Effects of War and Violence” by Johan Galtung; 2. “Social-Psychological Process in Interactive Conflict Analysis and Reconciliation” by Ronald J. Fisher; 3. “Changing Forms of Coexistence” by Louis Kriesberg; 4. “The Attainment of Justice through Restoration, Not Litigation: The Subjective Road to Reconciliation” by Mica Estrada-Hollenbeck; 5. “Forgiveness as an Element of Conflict Resolution in Religious Cultures: Walking the Tightrope of Reconciliation and Justice” by Marc Gopin; 6. “Negotiating a Revolution: Toward Integrating Relationship Building and Reconciliation into Official
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Peace Negotiations” by J. Lewis Rasmussen; 7. “Justice and the Burdens of History” by Joseph V. Montville; 8. “Ritual Reconciliation: Transforming Identity/Reframing Conflict” by Lisa Schirch; 15. “Refugee Return in Bosnia and Herzegovina: Coexistence Before Reconciliation” by Barry Hart; and 16. “Justice and Reconciliation: Postconflict Peacebuilding Cambodia and Rwanda” by Wendy Lambourne. 2020. Gorjao, Paulo (2001). “The East Timorese Commission for Reception, Truth and Reconciliation: Chronicle of a Foretold Failure?” Civil Wars, Summer, 4(2):142–162. This article examines the major steps taken in the process toward human rights accountability in East Timor between October 1999 and April 2001, when a draft regulating the future Truth and Reconciliation Commission was submitted to and approved by the East Timorese National Council. 2021. Hart, Barry (2001). “Refugee Return in Bosnia and Herzegovina: Coexistence before Reconciliation,” pp. 291–310. In Mohammed Abu- Nimer (Ed.) Reconciliation, Justice, and Coexistence: Theory and Practice. Lanham, MD: Lexington Books. This chapter by Hart, an associate professor at the Institute for Peacebuilding at Eastern Mennonite University in Harrisonburg, Virginia, is comprised of the following sections: a short overview of the relational history between the Serbs, Croats, and Bosnian Muslims; The Dayton Agreement; obstacles to reconciliation; CARE’S Welcome and Information Center Project; theory for practice; practice from theory; breaking the cycle of victimhood and aggression; and forgiveness and justice. 2022. Jeong, Ho-Won (2002). Approaches to Peacebuilding. New York: Palgrave Macmillan. 215 pp. The contributors to this book explore the ways in which the dynamics of post-conflict situations can be transformed to sustainable peace. Contributors focus, in part, on such issues as reconciliation, the role of gender in social reconstruction, and policy coordination among different components of peace-building. The authors analyze past and current experiences of peacebuilding and suggest conceptual and policy approaches that they argue can overcome the weaknesses of existing strategies. This book includes the following parts and chapters: Part III: Reconciliation and Social Rehabilitation (“Reconciliation: Contexts and Consequences” by C. Lerche and H. W. Jeong; and “Gender in Post-Conflict Reconstruction” by S. McKay). 2023. Lambourne, Wendy (2001). “Justice and Reconciliation: Postconflict Peacebuilding in Cambodia and Rwanda,” pp. 311–337. In Mohammed
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Abu-Nimer (Ed.) Reconciliation, Justice, and Coexistence: Theory and Practice. Lanham, MD: Lexington Books. Initially, Lambourne, an instructor in the Peace and Conflict Studies Program at the University of Sydney, discusses the concepts of justice, reconciliation and coexistence. She then examines the latter in regard to the situations in the post-genocidal periods in Cambodia and Rwanda. The section headings of each of the latter discussions are: Cambodia (History of the Conflict and the Pol Pot Regime; No Justice or Reconciliation; An International Tribunal for Cambodia?; Reconciliation Mechanisms; and Culture of Impunity); and Rwanda (History of the Conflict and the 1994 Genocide; Domestic Justice and Reconciliation; The International Criminal Tribunal for Rwanda; A Truth Commission for Rwanda?; and Progress Toward Justice and Reconciliation). 2024. Maynard, Kimberly A. (1999). Healing Communities in Conflict: International Assistance in Complex Emergencies. New York: Columbia University Press. 245 pp. Part Two of this book, “Toward a Holistic Approach to Assistance,” is comprised of the following three chapters: 6. “Rebuilding Community Cohesion”; 7. International Intercession in Community Rehabilitation”; and 8. “The Next Phase in International Aid.” For a more detailed description of this book, see annotation # 1980. 2025. O’Flaherty, Michael, and Gisvold, Gregory (1998). Post-War Protection of Human Rights in Bosnia and Herzegovina. The Hague: Martinus Nijhoff Publishers. 333 pp. One chapter in this book is entitled “A Truth Commission for Bosnia and Herzegovina” by Gregory Gisvold. 2026. Prendergast, John, and Smock, David (1999). Postgenocidal Reconciliation: Building Peace in Rwanda and Burundi. Washington, D.C.: United States Institute of Peace. 15 pp. This is the third and final report in a series on African conflict-resolution efforts. This report results from a fact-finding mission by the U.S. Peace Institute’s Coordinator for Activities David Smock and Executive Fellow John Prendergast to the Great Lakes area during July 1999. Discussions were held with over two hundred government and civil-society leaders in the Great Lakes area, OAU officials, UN representatives, U.S. and European Aid and diplomatic officials, and nongovernmental (NGO) personnel. The report includes a section entitled: “Encouraging Peace and Reconciliation Processes.”
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2027. Skaar, Elin; Gloppen, Siri; and Suhrke, Astri (Eds.) (2005). Roads to Reconciliation. Lanham, MD: Rowman and Littlefield Publishers. 326 pp. Using an interdisciplinary approach, this book provides a systematic and comparative analysis of reconciliation processes in various societies that in recent years have made a transition from authoritarian to democratic rule, or from violent conflict to relative peace. Examining case studies from Latin America, Africa, Europe, and Asia through a lens of comparative analysis, the contributors to Roads to Reconciliation address such questions as “How do societies deal with a past characterized by gross human rights violations?” and “What kinds of processes—judicial as well as non-judicial—are most likely to generate a sense of reconciliation?” Among the chapters most likely to be of interest to those concerned with the prevention and intervention of genocide are: “Roads to Reconciliation: A Conceptual Framework” by Siri Gloppen; “The Second Generation UNbased Tribunals: A Diversity of Mixed Jurisdictions” by Daphna Shraga; “Rwanda: An Atypical Transition” by Filip Reyntjens and Stef Vandeginste; “Reconciliation in Bosnia and Herzegovina” by Tone Bringa; “The Limits of Reconciliation in Cambodia’s Communes” by Craig Etcheson; “Nahe Biti: Grassroots Reconciliation in East Timor” by Dionisio Babo Soares; “Justice and Reconciliation” by Mohamed Othman; “Coming to Terms with Irreconcilable Truths” by Vasuki Nesiah; and “Rule-Based Reconciliation” by Howard Adelman. 2028. Stanley Foundation (2002). Reconnecting Serbia Through Regional Cooperation. Muscatine, IA: Author. n.p. This report, cum action plan, resulted from a project entitled “Serbia and the Challenge of Regional Integration.” It explores and identifies issues germane to fostering and creating an environment of “popular thinking in Serbia” for its integration into Southeastern Europe. The plan is presented as a potential strategy with recommendations to the international community and the region for promoting cooperation on three specific issues: economics, rural and agriculture development, and reconciliation. 2029. Unwin, Peter, and Mironko, Charles (2003). “Western and Local Approaches to Justice in Rwanda.” Global Governance, 9(2):219–231. In this piece, the authors describe and succinctly discuss the three types of efforts under way to deal with the suspected perpetrators of the 1994 genocide in Rwanda, including what it referred to as gacaca, a communitybased conflict resolution and reconciliation mechanism.
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G. Nation Building 2030. Candio, Patrick, and Bleiker, Roland (2001). “Peacebuilding in East Timor.” The Pacific Review, 14(1):63–84. In this essay, the authors—a researcher and consultant working in Indonesia and a co-director of the University of Queensland’s Rotary Centre for International Studies, respectively, analyze some of the many political, economic and social challenges of East Timor’s transition to independence. In doing so, it scrutinizes the ethical dimensions of building peace in a territory devastated by the combined effect of Indonesia’s colonial occupation and the violent militia attacks of September 1999. They argue that the most difficult task ahead does not lie in the physical rebuilding of the territory—gargantuan as it may be—but in the more intricate and long-term rehabilitation of a traumatized society. . . . If not managed carefully, the reconstruction process could further exacerbate existing societal tensions and complicate the search for peace and reconciliation. The essay, then, identifies a number of crucial components necessary to counter such risks, including the need to promote popular participation in the rebuilding process (p. 63).
2031. Dobbins, James; Jones, Seth G.; Crane, Keith; Rathmell, Andrew; Steele, Brett; Teltschik, Richard; and Timilsina, Anga (2005). The UN’s Role in Nation-Building: From the Congo to Iraq. Washington D.C.: Rand Corporation. 318 pp. This book contains two chapters related to nations that are involved in nation-building as a result of genocide: Cambodia and East Timor. The last chapter is entitled “The U.S. and UN Ways of Nation-Building.” 2032. Heininger, Janet E. (1994). Peacekeeping in Transition: The United Nations in Cambodia. New York: The Twentieth Century Fund Press. 183 pp. See annotation # 1975. 2033. Jeong, Ho-Won (2002). Approaches to Peacebuilding. New York: Palgrave Macmillan. 215 pp. See annotation # 1977. 2034. Martin, Ian (2000). “After Genocide: The U. N. Human Rights Field Operation in Rwanda,” pp. 253–288. In Alice M. Henkin (Ed.) Honoring Human Rights. The Hague: Kluwer Law International. See annotation # 1978. 2035. Maxwell, Dayton L. (1998). “Facing the Choice Among Bad Options in Complex Humanitarian Emergencies,” pp. 179–191. In Max G. Manwaring
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and John T. Fishel (Eds.) Toward Responsibility in the New World Disorder: Challenges and Lessons of Peace Operations. London: Frank Cass Publishers. See annotation # 1979. 2036. Menzies, John, and Metre, Lauren Van (1999). Bosnia Report Card: Pass, Fail, or Incomplete? (A United States Institute of Peace Special Report.) Washington, D.C.: United States Institute of Peace. 12 pp. See annotation # 1995. 2037. Mitchell, Ian R. (2001). “The Ambiguities of Elections in Kosovo: Democratization versus Human Rights?” pp. 246–262. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimensions. London and Portland, OR: Frank Cass Publishers. See annotation # 2006. 2038. O’Hanlon, Michael (1997). Saving Lives With Force: Military Criteria for Humanitarian Intervention. Washington, D.C.: Brookings Institution. 86 pp. Chapter 3, “Mandates, Exit Strategies, and Mission Duration,” includes two sections that deal with nation-building: “To Nation-Build, NationDivide, Negotiate, or Neutralize?” (War Criminals, and Partition); and “Basic Elements of Nation-Building and Nation-Repairing” (Elections, Security Forces, Law and Justice, and Demilitarization and Economic Reconstruction). 2039. Ratner, Steven R. (1993). “The United Nations in Cambodia: A Model for Resolution of Internal Conflicts,” pp. 241–273. In Lori Fisler Damrosch (Ed.) Enforcing Restraint: Collective Intervention in Internal Conflicts. New York: Council on Foreign Relations. See annotation # 1983. 2040. Smillie, Ian (Ed.) (2001). Patronage or Partnership?: Local Capacity Building in Humanitarian Crises. Bloomsfield, CT: Kumarian Press. 212 pp. This book, edited by Ian Smillie for the Humanitarianism and War Project at Tufts University, highlights and reviews experiences (from mid- to late1990s and early 2000) in strengthening local institutions, governmental and nongovernmental alike, in various countries (including Bosnia and Guatemala). Furthermore, “it examines various aspects of the tensions between international initiatives to save lives, or, in the case of postconflict settings, to reconstruct the parallel and sometimes competing international commitment to ‘capacitation’” (p. vii).
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This book includes, in part, the following chapters: 1. “Capacity Building and the Humanitarian Enterprise” by Ian Smillie, and 2. “Reconstructing Bosnia, Constructing Civil Society: Disjuncture and Convergence” by Ian Smillie and Goran Todorovic. 2041. Sismanidis, Roxane D. V. (1997). Police Functions in Peace Operations: Report from a Workshop Organized by the United States Institute of Peace. Washington, D.C.: United States Institute of Peace. 16 pp. In his foreword, Richard H. Solomon, president of the United States Institute of Peace (USIP), writes that [w]hile there is almost universal agreement that peace operations require an international civilian and military presence in the effort to reconstitute a society that has been severely damaged by internal or regional conflict, the appropriate range of responsibilities to be assigned to CIVPOL (international civilian police] and military forces remains the subject of intense debate. In cases where the country’s system of law and order has completely disintegrated, should CIVPOL attempt to rebuild the country’s legal system and directly take over police functions for the duration of the peace operation? Or should their role be limited to monitoring, training, and advising local law-enforcement personnel regardless of the conditions in the operation’s host country? (p. v)
Solomon asserts that “This was the first meeting of its kind to bring together an international group of policymakers, soldiers and officials with operational responsibility to discuss their operational experience with CIVPOL monitoring, training, and law enforcement during peace operations (p. v). This report is a summary of the workshops’ presentations and discussions. 2042. Solomon, Richard (1999). “Bringing Peace to Cambodia,” pp. 279–323. In Chester A. Crocker, Fen Osler Hampson, and Pamela Aall (Eds.) Herding Cats: Multiparty Mediation in a Complex World. Washington, D.C.: United States Institute of Peace Press. See annotation # 1985. 2043. Steele, Jonathan (2002). “Nation Building in East Timor.” World Policy Journal, Summer, 19(2):76–108. This article, by a senior foreign correspondent with The Guardian (London) who spent a month in East Timor as a consultant to the United Nations Transitional Administration, is comprised of the following sections: A Destroyed Country, Patriating Power from New York to Dili, Justice Delayed, A Neglected Asset, Handcuffing U. N. Missions, A “Them” and “Us Culture, and The United Nations Can Do the Job. Steele concludes by stating that
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The United Nations can feel proud of its first effort at peace building with an all-inclusive mandate. UNTAET succeeded admirably in the primary part of its mission protecting East Timor from reprisals by the militias and providing an environment for most refugees, one third of the population, to come home. Working with the Timorese leadership, it created a sound foundation for a modern system of democratic government, at least at the central level. It began, if slowly, to prosecute some of those responsible for the 1999 repression. It kept the international community focused on East Timor, maintaining a reasonable flow of donor funding. Where there were problems, they arose from inadequacies in UNTAETS’s internal management, insufficient attention to training Timorese, a tendency to highlight institution building too far above social and economic development, and the comparative neglect of the energy sector as the central platform for the country’s economy. The style of UNTAET’s operations and the insensitive behavior of many of its staff prompted justifiable complaints from local people. But the blemishes pale beside the overall record of success, and the United Nations can justifiably claim that, if it is given support by the Security Council’s member governments, it has the tools and the experience to take on other nation-building tasks in the future. (p. 86)
2044. von Hippel, Karin (2000). Democracy by Force: U.S. Military Intervention in the Post-Cold War World. New York: Cambridge University Press. 224 pp. This book on military intervention contains three chapters that will be of particular interest to those concerned with the prevention and intervention of genocide: 1. “Introduction: Dangerous Hubris?”; 4. “UNPROFOR, IFOR, and SFOR: Can Peace Be Forced on Bosnia?”; and 6. “Hubris or Progress: Can Democracy be Forced?” von Hippel, political advisor to the representative of the UN secretarygeneral of Somalia, “considers the factors that lead to U.S. intervention, the avenue of military intervention, and nation-building efforts. The author seeks to provide a greater understanding of the successes and failures of U.S. policy, to improve strategies for reconstruction and to provide insight into the consideration under which intervention and nation-building are likely to succeed.”
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17 Courts and Tribunals A. National Courts and Tribunals B. International Criminal Tribunals
A. National Courts and Tribunals 2045. African Rights (2000). Confessing to Genocide: Responses to Rwanda’s Genocide Law. London: Author. 150 pp. This study assesses the progress of the judicial proceedings in Rwanda. While the authors praise Rwanda for its effort to resolve thousands of cases against alleged perpetrators of the 1994 genocide, they also discuss why such progress has been so slow and how the new government plans to implement a controversial traditional system of decentralized adjudication. 2046. Balint, Jennifer (1999). “Trials for Genocide in Rwanda,” pp. 557–60. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. Balint discusses, in part, the national trials in Rwanda, whose purpose are to “provide legal redress for the approximately five hundred thousand to eight hundred thousand civilians (mainly Tutsis) killed by the Hutu government and their accomplices during April and July 1994 in Rwanda” (p. 557). 2047. Cissé, Catherine (1998). “The End of a Culture of Impunity in Rwanda? Prosecution of Genocide and War Crimes Before Rwandan Courts and the International Tribunal for Rwanda,” pp. 161–188. In T. M. C. Asser Instituut (Ed.) Yearbook of International Humanitarian Law. Volume 1—1998. The Hague: T.M.C. Asser Press. In this essay, Cissé, legal officer for the office of the prosecutor of the International Criminal Tribunal for Rwanda (ICTR), discusses the dual 1001
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prosecution of the 1994 genocide in Rwanda by the ICTR and by Rwandan national courts. Part 2 presents an overview of the ICTR’s subject matter jurisdiction, structure, and organization, and succinctly reviews its judicial activities. Part 3 examines the Rwandan legal system and its efforts to rebuild after being devastated by the genocide. Part 4 examines the relationship (both cooperation and complementarity) between the various systems of justice. 2048. De Nike, Howard J; Quigley, John; and Robinson, Kenneth J. (Eds.) (2000). Genocide in Cambodia: Documents from the Trial of Pol Pot and Ieng Sary. Philadelphia: University of Pennsylvania Press. 559 pp. In their editors’ note, the editors report that The documents in this volume are those of the People’s Revolutionary Tribunal, which was constituted in Cambodia in 1979, in connection with the trial for genocide in August of that year of Pol Pot and Ieng Sary. The documents, which are of three types, are divided into three parts. Part I consists of documents relating to the establishment of the tribunal. These include governmental decrees setting the tribunal’s jurisdiction and appointing the presiding judge and the jury. They also include decrees of the presiding judge and the prosecuting attorney involved in bringing the case to trial. Finally, they include lists of participants: witnesses, invited foreign lawyers, and invited foreign journalists. Part II, the bulk of the volume, consists of the documents produced during the investigation into the alleged offenses. . . . They are the evidence gathered by investigators, which falls into five categories: • Statements of witnesses, relating their knowledge of acts that might show genocide by Pol Pot and Ieng Sary. The acts described are principally killings, and the creation of conditions that led to deaths, such as the forced evacuation of cities and forced residence in rural communes with minimal rations and health care. • Reports by government investigators of field investigations they carried out at alleged mass grave sites. • Reports commissioned by government investigators and written by experts in particular fields of endeavor, with regard to the impact of the actions of Pol Pot and Ieng Sary on various aspects of life in Cambodia. • Excerpts from Khmer Rouge documents tending to show that the practices that resulted in deaths were centrally directed. • Accounts from the foreign press, and several locally written, describing atrocities of the Khmer Rouge. Part III consists of documents relating to the trial stage. First is the prosecutor’s indictment, which sums up the evidence contained in Part II. Next are the speeches at the conclusion of trial by the prosecutor and defense attorneys, as well as by the invited foreign lawyers. Then comes the court’s written decision, finding Pol Pot and Ieng Sary guilty and sentencing them to death. (pp. vii, viii, ix)
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This document includes the following: “Editors’ Note: The Documents of the People’s Revolutionary Tribunal”; “A Personal View of the Documents of the People’s Revolutionary Tribunal” by Helen Jarvis; “Introduction” by John Quigley; “Reflections of a Legal Anthropologist on the Trial of Pol Pot and Ieng Sary” by Howard J. De Nike; “Documents” (List of Documents; Part I. “Procedural Documents”; Part II. “Documents of the Investigation” (Identification Documents of the Accused, Witness Statements, Religious Issues, Issues of the Workers of Tuol Kauk, Military Issues, Issues of Ordinary Citizens, Statements of Former Agents of Pol Pot and Ieng Sary, Reports of Field Investigations, Crocodile Pit, Crematories in Siem Reap Province, Common Graves in Siem Reap Province, Common Graves in Sre Seam Village, Common Graves at Chup Rubber Plantation, Common Graves in Kompong Speu Province, Investigation at Wat Champuh Kaek); Reports on Various Aspects of Social Life; Excerpts from Captured Documents; and Excepts for Published Accounts)); and Part III. “Indictment and Judgment” (Indictment, Closing Statements, and Judgment). 2049. McDonald, Avril (1998). “The Yearbook in Review,” pp. 113–160. In T. M. C. Asser Instituut (Ed.) Yearbook of International Humanitarian Law. Volume 1. The Hague: T. M. C. Asser Press. McDonald, managing editor of the Yearbook of International Humanitarian Law, discusses, in part, national courts and their role in trying crimes against humanity, war crimes, and genocide. 2050. Meron, Theodor (1995). “International Criminalization of International Atrocities.” American Journal of International Law, 89(3):554–577. In this article, Meron, professor of Law at New York University School of Law, sets out to “develop a broad, principled approach to the prosecution of perpetrators of atrocities committed in civil wars or noninternational armed conflicts (but not in civil strife or situations involving violence of lower intensity), focused not only on the role of international tribunals but also on that of national courts” (p. 556). 2051. Unwin, Peter, and Mironko, Charles (2003). “Western and Local Approaches to Justice in Rwanda.” Global Governance, 9(2):219–231. In this piece, the authors describe and succinctly discuss the three types of efforts under way to deal with the suspected perpetrators of the 1994 genocide in Rwanda (e.g., the International Criminal Tribunal for Rwanda (ICTR); the formal domestic justice system in Rwanda; and gacaca, a community-based conflict resolution mechanism).
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B. International Criminal Tribunals 2052. Ackerman, John E., and O’Sullivan, Eugene (2000). Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia: With Selected Materials from the International Criminal Tribunal for Rwanda. The Hague: Kluwer Law International. 555 pp. This book was designed to provide “a quick and yet comprehensive reference” to the jurisprudence of both the International Criminal Tribunal for the Former Yugoslavia (ICTY) and to some extent the International Criminal Tribunal for Rwanda (ICTR). It goes significantly beyond the Judgments of the Tribunal into the Orders and Decisions of the Trial and Appeals Chamber. The book is organized by sections, according to each Article of the Statute and Rules of Procedure and Evidence. Following the text of the Article or Rule, there is, where appropriate, a commentary section, and a digest of Judgments, Decisions and Orders of the Appeals Chamber and Trial Chambers. Materials in the book include those from the beginning of the operation of the ICTY through the Furundzija Appeals Judgment and the amendments to the Rules in 2000. 2053. The American Association of Attenders and Alumni of the Hague Academy of International Law (Eds.) (2000). Hague Yearbook of International Law. The Hague. Kluwer Law International. 315 pp. This book includes a piece entitled “International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia Since 1991” (pp. 203–260). 2054. American Bar Association (1995). Report on the Proposed Rules of Procedure and Evidence of the International Tribunal to Adjudicate War Crimes in the Former Yugoslavia. Chicago, IL: Author. 186 pp. As stated in the introduction to this booklet, the purpose of this report is as follows: In order for a judicial body like the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia to function effectively and achieve respect for its decisions, it is essential that it have unchallenged legitimacy. It has been the aim of the American Bar Association Task Force on War Crimes in the Former Yugoslavia (“ABA Task Force”) to further such legitimacy by promoting a legal framework for the International Tribunal that is both fair and in accordance with widely accepted legal norms—a framework
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which could withstand the several procedural criticisms which have been aimed at the Nuremberg principles and which unfortunately have to some extent detracted from their universal acceptance. The First report of the ABA Task Force [Report on the International Tribunal to Adjudicate War Crimes Committed in the Former Yugoslavia], addresses issues such as the crimes over which the International Tribunal will have jurisdiction, the “Nuremberg defense” of superior orders, and the problem of double jeopardy. We emphasized that by limiting the jurisdiction of the Tribunal to offenses that are clearly recognized under international law, troubling questions of authority and jurisdiction can be avoided. The second report of the ABA Task Force (Part II of this volume) considers the U.S. proposal for Rules of Procedure and Evidence (“Rules”) for the International Tribunal (Part II). While the Rules adopted by the International Tribunal in February 1994 (Part I) differ in significant respects from the U.S. proposal, the common law principles of procedural due process advanced in the U.S. proposal and the ABA Task Force’s report play an important role in the final exculpatory evidence (Rule 65), adoption of procedures to allow effective cross-examination while protecting the identity of victims (Rules 69 & 75), and recognition of the potential for prejudice to an accused in a joint trial (Rule 82). Moreover, as the introduction to our report suggests, the accommodation of civil law and common law principles in the Rules is an appropriate result for the International Tribunal. We believe that the Statute and Rules together form a legal framework that will allow the International Tribunal to function effectively and to serve as a model for future bodies of its kind. (pp. 1–2)
The report is comprised of the following parts: 1. General Provisions; 2. Primacy of the Tribunal; 3. Organization of the Tribunal; 4. Investigations and Rights of Suspects; 5. Pre-Trial Proceedings; 6. Proceedings Before Trial Chambers; 7. Appellate Proceedings; 8. Review Proceedings; and 9. Pardon and Commutation of Sentence. 2055. Ashley, David W. (1998). “The Failure of Conflict Resolution in Cambodia: Causes and Lessons,” pp. 49–78. In Frederick Z. Brown and David G. Timberman (Eds.) Cambodia and the International Community: The Quest for Peace, Development, and Democracy. New York: Asia Society. The last section of this essay is entitled “The Challenge of Bringing Justice to Cambodia” (pp. 73–78). Ashley, who was formerly a UN advisor to the Commission on Human Rights and Reception of Complaints for the Cambodian National Assembly, cogently argues that a strategy for achieving a lasting peace and democracy in Cambodia must also include an effort on the part of Cambodians and the international community to address the continuing absence of accountability and justice [of those who committed the Cambodian genocide between 1975 and 1979]. The question of accountability for the crimes of the 1970s cannot be di-
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vorced from the problem of contemporary impunity—the de facto and sometimes de jure freedom of those with power, money, or weapons to conduct all kinds of illegal activity without fear of prosecution. Any move to bring to trial those responsible for old crimes not accompanied by measures to end impunity for more recent violations will be looked on with bemusement by many Cambodians. There is little point in dealing with the horrific crimes of 20 years ago when atrocities of a similar nature if not scale continue. The international court should, therefore, have a mandate and the resources to investigate all violations of international humanitarian law that have taken place from 1975 to the present. The court should have the independent power to decide which cases to investigate and make those decisions based on the severity of the crime and the availability of evidence. Of course an international tribunal is only a partial response to a more fundamental problem: Cambodia lacks a judicial system with the capacity, prestige, and independence needed to end impunity. Therefore it is important that an international tribunal be structured to strengthen, not replace, the national system of justice. (p. 76)
2056. Askin, Kelly D. (1999). “Sexual Violence in Decisions and Indictments of the Yugoslav and Rwandan Tribunals: Current Status.” The American Journal of International Law, 93(1):97–123. In this piece, Askin, visiting scholar, Center for Civil and Human Rights at Notre Dame Law School, “ . . . surveys current developments of women’s issues before the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). The OTP [Office of the Prosecutor] has taken important initiatives by gathering evidence and formulating indictments to bring prosecutions founded on gender-based crimes. The many such indictments illustrate how these charges can be crafted and where further developments might be in order, furnishing considerable guidance for future prosecutions of these crimes” (p. 98). The essay is comprised of the following sections: Trial Decisions in the ICTY and ICTR; Tadic—Indictment, Trial and Judgment; Akayesu—Indictment, Trial and Judgment; Furundzija—Indictment, Trial and Judgment; Delalic and Others, “Celebici”—Indictment, Trial and Judgment; Rule 61 Decisions; Other ICTY and ICTR Indictments; and Conclusion. In her conclusion, Askin notes that “While gender-based crimes were largely ignored during the war crimes trials held in Nuremberg and Tokyo after World War II, crimes of sexual violence are being charged in the Yugoslavian and Rwandan trials as violations of the laws or customs of war, genocide, crimes against humanity, grave breaches of the 1949 Geneva Conventions, and violations of Common Article 3 of the 1949 Geneva Conventions and of the 1977 Additional Protocols” (p. 122).
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2057. Askin, Kelly Dawn (1997). War Crimes Against Women: Prosecution in International War Crimes Tribunals. The Hague: Martinus Nighoff Publishers. 455 pp. Three short sections in this book address the issue of “genocidal rape” and “gender abuses” as violations of the Genocide Convention under the ICTY [International Criminal Tribunal for the Former Yugoslavia] Statute. Under “Terms and Definitions,” the crime “genocidal rape” is defined as “an attempt to destroy, in whole or in part, a particular protected group through sexual assault, regardless of whether the destruction is physical or mental” (p. 12). In the chapter entitled “Prosecuting Gender Crimes in the International Criminal Tribunal for the Former Yugoslavia (ICTY),” there is a short section (pp. 337–344) that reviews the elements of genocide and then delineates “how gender abuses, including genocidal rape, can be prosecuted as a genocide under Article 4 of the ICTY Statute” (p. 337). Finally, Appendix A—“Sex Crimes Against the Person—Proposed Definition”—includes a section (III) entitled “Genocide (Genocidal Rape)” (pp. 392–393). In her Introduction, Askin, visiting scholar, Center for Civil and Human Rights at the University of Notre Dame Law School, notes that This volume, the first of a two-part series, presents an historical perspective on the development of international humanitarian law and the treatment of crimes against women in the Nuremberg and Tokyo War Crimes Tribunals. The Yugoslav conflict is discussed in detail, and arguments are presented as to why gender crimes must be, and how they can be, prosecuted in the Yugoslav Tribunal. The Rwandan Tribunal will not be given a detailed analysis in this first volume. The war crimes trials before the Yugoslavia and Rwanda War Crimes Tribunals and the prosecution of gender crimes in these trials will be presented in Volume II [War Crimes Against Women: Prosecution of Gender Crimes in the Yugoslav and Rwandan War Crime Tribunals by Kelly Dean Askin and Patricia Viseur-Sellers.] Volume I considers international laws and practices which affect women’s human rights, in particular wartime violence against women, and reflects upon how discriminating municipal laws and practices are related to the monumental oversight to which gender issues have been subject during prosecution of war crimes in international tribunals. (p. xiii)
This volume is comprised of the following: “Introduction—The Development and Prosecution of War Crimes Against Women”; Chapter I. “Humanitarian Law Prior to World War II”; Chapter II. “Gender Specific War Crimes Committed in Europe and Asia During World War II”; Chapter III. “Events Leading to the Nuremberg Trial”; Chapter IV. “The Nuremberg War Crimes Trial”; Chapter V. “The Tokyo War Crimes Trial”; Chapter VI. “The Evolution of the Status of Women in Domestic and International Law and Practice”; Chapter VII. “Gender Specific War Crimes in the Yugoslav
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Conflict”; Chapter VIII. “Prosecuting Gender Crimes in the International Criminal Tribunal for the Former Yugoslavia (ICTY)” (including Article 4: Gender Abuses as Violations of the Genocide Convention Under the ICTY); and “Conclusion of War Crimes Against Women.” 2058. Balint, Jennifer (1999). “Trials for Genocide in Rwanda,” pp. 557–560. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. Balint discusses, in part, the international trials in Arusha, Tanzania, whose purpose are to “provide legal redress for the approximately five hundred thousand to eight hundred thousand civilians (mainly Tutsis) killed by the Hutu government and their accomplices during April and July 1994 in Rwanda” (p. 557). 2059. Bass, Gary J. (2003). “Milosevic in the Hague.” Foreign Affairs, May/June, 82(3):82–96. Bass, assistant professor of Politics and International Affairs at Princeton University, argues that the International Criminal Tribunal for the Former Yugoslavia’s “most important impact will be not in the legal sphere but in the political one. Success will be measured by how much the enterprise helps sideline dangerous leaders, shame perpetrators and bystanders, and soothe victims” (p. 84). 2060. Bass, Gary J. (2000). Stay the Hand of Vengeance: The Politics of War Crimes Tribunals. Princeton, NJ: Princeton University Press. 368 pp. Bass presents a study of the politics of war crimes tribunals from the early nineteenth century through the end of the twentieth century. In doing so, he examines, with the help of primary documents, how war criminals were “brought to justice” in the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II, and the wars and genocide perpetrated in the former Yugoslavia. 2061. Bassiouni, M. Cherif (1996). “The Commission of Experts Established Pursuant to Security Council Resolution 780: Investigating Violations of International Humanitarian Law in the Former Yugoslavia,” pp. 61–122. In Roger S. Clark and Madeleine Sann (Eds.) The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. Bassiouni, the former chairman and Rapporteur on the Gathering and Analysis of Facts for the Commission of Experts, discusses the following: the Commission’s establishment, the Commission’s mandate and composition, how the Commission was financed, the Commission’s working methods,
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the issues of data gathering and analysis of the facts, the Commission’s on-site investigations, the investigations conducted by governments on the behalf of the Commission, the Commission’s termination, and conclusions and assessment. 2062. Bassiouni, M. Cherif (1999). Crimes Against Humanity in International Criminal Law. Second Revised Edition. The Hague: Kluwer Law International. 610 pp. In this massive volume, Bassiouni (professor of Law at DePaul College of Law, vice chair of the UN General Assembly’s Ad Hoc Committee for the Establishment of an International Criminal Court, and Chair of the Drafting Committee of the United Nations Diplomatic Conference on the International Criminal Court) “persuasively establishes the legal validity of the Nuremberg Charter and describes the evolution of “crimes against humanity” from 1945 to the 1998 International Criminal Court Statute. The book’s comprehensive historical and legal analysis starts with the origins of crimes against humanity in the international regulation of armed conflicts and covers the Nuremberg, Tokyo, and allied prosecutions after World War II, and subsequent national prosecutions, as well as the Statutes of the International Criminal Tribunal of the Former Yugoslavia (ICTY), the International Criminal Tribunal of Rwanda (ICTR), and their jurisprudence, and the Statute of the International Criminal Court (ICC).” 2063. Bassiouni, M. Cherif (1987). A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal. Dordrecht, The Netherlands: Martinus Nijhoff Publishers. 492 pp. In this highly acclaimed book, Bassiouni presents a detailed analysis of the draft statute for an International Criminal Tribunal, among other key issues. The book is comprised of the following: “Introduction”; “Table of Abbreviations”; “The Codification of International Criminal Law and the Establishment of an International Criminal Court”; “A Rationale for International Crimes”; “Introduction to the Structure and Fundamental Use of the Draft International Criminal Code and Draft Statute for an International Criminal Tribunal”; “Draft International Criminal Code” (Part I. General Part; Part II. Special Part; Part III. Procedural Enforcement Part); “Draft of the International Criminal Tribunal” (Part IV. Statute of the International Criminal Tribunal); “General Provisions” (General Treaty Provisions on the Convention on the International Criminal Code and Statute of the International Criminal Tribunal); and a Selected Bibliography on International Criminal Law.
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2064. Bassiouni, M. Cherif (1995). “Former Yugoslavia: Investigating Violations of International Humanitarian Law and Establishing an International Criminal Tribunal.” Fordham International Law Journal, 18(4):1191–1211. In this article, Bassiouni (Former Chairman and Special Rapporteur on the Gathering and Analysis of Facts, United Nations Commission of Experts Established Pursuant to Security Council Resolution 780 (1992) to Investigate Violations of International Humanitarian Law in the Former Yugoslavia), examines the following issues: I. Historical Precedents; II. Legal Techniques in Establishing Ad Hoc Criminal Tribunals; and III. Assessing the Processes of Justice. 2065. Bassiouni, M. Cherif (1997). “From Versailles to Rwanda in Seventy-Five Years: The Need to Establish a Permanent International Criminal Court.” Harvard Human Rights Journal, 10:11–62. In his introduction, Bassiouni, Professor of Law and President of the International Human Rights Law Institute at DePaul University, writes, in part, that The history and record of international criminal investigation and adjudication bodies, from the Treaty of Versailles to the International Criminal Court for Rwanda, clearly demonstrate the need to establish a permanent international criminal court. In the absence of such a court, not only have many atrocities gone unpunished, but every one of the ad hoc tribunals and investigations that has been created has suffered from the competing interests of politics or the influence of a changed geopolitical situation. As the history of the United Nations’ efforts to establish a permanent international criminal court and a code of crimes evince, this task is controversial and complex. Nevertheless, the lessons of the past seventy-five years dictate its fundamental importance. . . . If the lessons of the past are to instruct the course of the future, then the creation of a permanent system of international criminal justice with a continuous institutional memory is imperative. But such a system must be independent, fair and effective, in order to avoid the pitfalls experienced in the past. Above all, it must be safeguarded from the vagaries of realpolitik. Compromise is the art of politics, not of justice (italics added) (pp. 11, 12–13).
2066. Bassiouni, M. Cherif with Peter Manikas (1996). The Law of the International Criminal Tribunal for the Former Yugoslavia. Irvington-on- Hudson, NY: Transnational Publishers, Inc. 1092 pp. The lead author of this massive and detailed book is the renowned international law scholar M. Cherif Bassiouni, who was involved in the process that led to the establishment of the International Criminal Tribunal for the Former Yugoslavia, the drafting of its Statute, and the Statute’s adoption by the UN Security Council in Resolution 827.
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The book is comprised of the following twelve chapters: I. “Background of the Conflict in the Former Yugoslavia”; II. “Establishment of the Tribunal and Legislative History”; III. “Competence of the Security Council and Characterization of the Statute”; IV. “The Principles of Legality”; V. “Jurisdiction of the Tribunal Under the Statute: Articles 1, 6, 8, 9, and 10”; VI. “The General Part: Article 7”; VII. “Characterization of the Conflict”; VIII. “The Substantive Law of the Tribunal: Articles 2 Thorough 5”; IX. “Sanctions, Penalties, and Rules of Detention”; X. “Methods of Enforcement”; XI. “Organization of the Tribunal: Articles 11 through 17, 22, and 30 through 34”; and XII. “Tribunal Proceedings.” 2067. Bassiouni, M. Cherif (1999). “Prosecution and Punishment of Perpetrators of Genocide,” pp. 475–476. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. In addition to discussing Article VII of the UN Convention of the Prevention and Prosecution of Genocide (“which contemplates prosecutions under national legal systems and under an international criminal Court,” p. 475), Bassiouni also discusses the lack of national and international prosecutions of genocide between 1948 and 1993, along with the fact that “the Genocide Convention was never amended to reinforce its provisions on jurisdiction” (p. 475). In closing, he discusses the weaknesses/limitations of the Genocide Convention, most notably its exclusion of social and political groups. 2068. Bazyler, Michael J. (1999). “The Nuremberg Charter,” p. 549. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. This short piece discusses the focus, adoption and legacy of the Nuremberg Charter, which was adopted by the London Agreement of August 9, 1945, and “marked the beginning of modern international efforts to bring war criminals to justice” (p. 549). As Bazyler notes, “The Charter and its principles are the forefathers of, and have provided the inspiration for, later international war crime tribunals” (p. 549). 2069. Bazyler, Michael J. (1999). “United Nations War Crimes Tribunal for the Former Yugoslavia and Rwanda,” pp. 556–557. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. An overview of the focus, mandate, and functions of the tribunals, and how and why they constitute a milestone in international law. 2070. Burns, Peter (1996). “An International Criminal Tribunal: The Difficult Union of Principle and Politics,” pp. 125–164. In Roger S. Clark and Madeleine Sann (Eds.) The Prosecution of International Crimes: A Criti-
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cal Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. Among the issues discussed in this chapter are the following: the influences behind the creation of the ICTY, the statute of the tribunal, and prospects for the future. 2071. Campanaro, Jocelyn (2001). “Women, War, and International Law: The Historical Treatment of Gender-Based War Crimes.” The Georgetown Law Journal, 89(8):2557–2592. In this “Note,” Campanaro, a J.D. candidate at Georgetown University Law Center, examines how gender-based war crimes (e.g., sexual assaults against women) have been treated historically in war-crimes tribunals from World War II through the international criminal tribunals for the former Yugoslavia and Rwanda in the 1990s. 2072. Cassese, Antonio (2001). “The Contribution of the International Criminal Tribunal for the former Yugoslavia to the Ascertainment of General Principles of Law Recognized by the Community of Nations,” pp. 43–55. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. This essay, by a professor of international law at the University of Florence, is comprised of the following parts: I. Resort to Principles Common to Civilized Countries in the 1800s and Early 1900s; II. The Codification of Resort to Those Principles in 1921; III. The Present Role of the General Principles of Law Recognized by the Community of Nations; IV. The Case-Law of the ICTY; V. The Need to Proceed with Great Caution When Resorting to General Principles; VI. The Logical Order in Which Courts Should Apply the General Principles and Other Principles or Rules of International Law; and VII. Concluding Remarks. 2073. Cassese, Antonio (1998). “On the Current Trends Towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law.” European Journal of International Law, 9(1):2–7. Cassese asserts that international criminal tribunals are critical to honoring justice and the rule of law but that state sovereignty remains a major impediment to the effective enforcement of international criminal justice. 2074. Chinkin, Christine (1999). “Women: The Forgotten Victims of Armed Conflict?” pp. 23–44. In Helen Durham and Timothy L. H. McCormack (Eds.) The Changing Face of Conflict and the Efficacy of International Humanitarian Law. The Hague: Martinus Nijhoff Publishers.
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In this important essay, Chinkin, professor of International Law at the London School of Economics and Political Science, examines, through the lens of the conflicts resulting from the disintegration of the former Yugoslavia and the genocide in Rwanda, how women have been among the “forgotten” victims of the laws of both international and non-international armed conflict. In the course of her essay, Chinkin discusses the following: “Sexual Assault in the Tribunals for the Former Yugoslavia and Rwanda” (Jurisdiction, Prosecution Policy, Rules of Procedure and Evidence, Trial Process), and the issue as to whether women remain the forgotten victims of war. At one point, she discusses the issue of mass rape and its relationship to genocide: It has been forcefully asserted by the United Nations General Assembly that where rape has been carried out on a massive and systematic basis for the purposes of destroying the family and community life of the victims, of “cleansing” the vicinity of all other ethnicities by causing mass flight, and births of a tainted bloodline, it becomes genocidal. In reviewing the indictments against Karadzic and Mladic, a Trial Chamber of the ICTY [International Criminal Tribunal in the Former Yugoslavia] invited the prosecution “to consider broadening the scope of the characterization of genocide to include other criminal acts listed.” It suggested that “the systematic rape of women . . . is in some cases intended to transmit a new ethnic identity to the child. In other cases, humiliation and terror serve to dismember the groups.” It considered this characterization to be supported by the forced detention of women for impregnation and subsequently to abortion. (pp. 28–29)
Chinkin’s arguments extend beyond the latter to a host of other issues, which, in turn, leads her to conclude, in part, that I would still argue that women are not sufficiently taken account of by international humanitarian law and that [the various] advances will create the false illusion that the crimes against women has now been adequately addressed. First, the ad hoc tribunals are limited to the conflicts in the former Yugoslavia and Rwanda, and there has to date been limited prosecution of rape, despite a number of indictments by both Tribunals. There is no general recognition of the reality that violent sexual abuse of women continues with impunity in other internal and international conflicts across the globe. (p. 40)
2075. Chopra, Jarat (1999). Peace-Maintenance: The Evolution of International Political Authority. New York: Routledge. 261 pp. In this book, the director of the International Relations Program at Brown University and the individual who developed the concept and coined the term “peace maintenance,” examines the controversial concept of peace
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maintenance that has evolved out of diplomatic peacekeeping and military peace-enforcement. In doing so, Chopra also delineates the limitations of traditional peacekeeping principles, and traces the evolution of the political, administrative, and legal and judicial ingredients of international authority. Chapter 5 is entitled “International Means of Order,” and includes the following sections: Universal Prosecution by an International Criminal Court, Ad Hoc Prosecution for Partitioned Yugoslavia, Special Prosecution in Factional Cambodia, and Peace-Maintenance Law Enforcement. 2076. Cigar, Norman, and Williams, Paul (2002). Indictment at the Hague: The Milosevic Regime and Crimes of the Balkan Wars. 339 pp. “Taking as its starting point the existing canon of international law and citing the precedent of the Nuremberg trials, Indictment at the Hague presents a detailed examination of the conduct of the Milosevic regime and the individual responsibility of its senior members in regard to its leadership vis-àvis the perpetration of genocide, war crimes, and crimes against humanity in Croatia and Bosnia-Herzegovina during the 1990s. As the authors (Cigar, professor of Strategic Studies at the U.S. Marine Corps Command and Staff College, and Williams, assistant professor of Law and International Relations at American University) argue, convincingly, the atrocities committed by Serbian forces against civilians were part of a systematic campaign to secure territory for an ethnically “pure” Serb state by clearing it of all non-Serb populations. Drawing from the growing body of evidence in the public domain, Cigar and Williams demonstrate that government agencies subordinate to Slobodan Milosevic were extensively involved in providing both support for and direction to this campaign.” The book is comprised of the following chapters: I. “A Case for Inducement”; II. “The Law: War Crimes and Individual Responsibility”; III. “The Commission of War Crimes in Bosnia-Herzegovina and Croatia”; IV. “Ordering War Crimes”; V. “Aiding and Abetting War Crimes”; and VI. “Failure to Prevent and Punish War Crimes.” It also includes a host of significant documents germane to the genocide, ethnic cleansing, war crimes, and crimes against humanity perpetrated by the Milosevic regime: I. “The Battle and Siege of Sarajevo”; II. “’Ethnic Cleansing Operations’ in the northeast city of Zvornik”; III. “Report of the Secretary General, Kofi Annan, to the United Nations Security Council: The Fall of Srebrenica”; IV. “United States Reports to the United Nations Security Council on War Crimes in the Former Yugoslavia”; V. “Final Report of the Commission of Experts to the Secretary General of the United Nations”; VI. “Letter of Resignation and List of Periodic Reports Submitted
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by Tadeusz Mazowiecki, Special Rapporteur to the UN Commission on Human Rights”; and VII. “Indictments Issued by the International Criminal Tribunal for the Former Yugoslavia at the Hague.” 2077. Cissé, Catherine (1998). “The End of a Culture of Impunity in Rwanda? Prosecution of Genocide and War Crimes Before Rwandan Courts and the International Tribunal for Rwanda,” pp. 161–188. In T. M. C. Asser Instituut (Ed.) Yearbook of International Humanitarian Law. Volume 1—1998. The Hague: T.M.C. Asser Press. In this essay, Cissé, legal officer for the office of the prosecutor of the International Criminal Tribunal for Rwanda (ICTR), discusses the dual prosecution of the 1994 genocide in Rwanda by the ICTR and by Rwandan national courts. Part 2 presents an overview of the ICTR’s subject matter jurisdiction, structure, and organization, and succinctly reviews its judicial activities. Part 3 examines the Rwandan legal system and its efforts to rebuild after being devastated by the genocide. Part 4 examines the relationship (both cooperation and complementarity) between the various systems of justice. 2078. Clark, Roger S., and Sann, Madeleine (Eds.) (1996). The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. 502 pp. In this book, the contributors examine the creation, mandate, and challenges of the International Tribunal for the Former Yugoslavia. The essays appeared initially in a special issue of Criminal Law Forum: An International Journal, a peer-reviewed journal dedicated to the advancement of criminal law, theory, practice, and reform throughout the world. The book is comprised of the following: Part I. Introductory Remarks (chapter 1. “International Criminal Prosecution: The Precedent of Nuremberg Confirmed” by Christian Tomuschat; and 2. “Toward International Criminal Justice” by Jules Deschênes); Part II. Fact Finding (3. “The Commission of Experts Established Pursuant to Security Council Resolution 780: Investigating Violations of International Humanitarian Law in the Former Yugoslavia” by M. Cherif Bassiouni); Part III. Establishment of the Tribunal (4. “An International Criminal Tribunal: The Difficult Union of Principle and Politics” by Peter Burns; 5. “An Ad Hoc International Tribunal for the Prosecution of Serious Violations of International Humanitarian Law in the Former Yugoslavia” by Roman A. Kolodkin; 6. “Politics and the International Tribunal for the Former Yugoslavia” by David P. Forsythe; and 7. “Legal and Practical Implications, from the Perspective of the Host Country, Relating to the Establishment of the International Tribunal for the Former Yugoslavia” by Julian J. E. Schutte); Part IV. Substantive and
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Procedural Issues (8. “A Slovenian Perspective on the Statute and Rules of the International Tribunal for the Former Yugoslavia” by Pavel Dolenc; 9. “Rape and Other Forms of Sexual Assault in the Armed Conflict in the Former Yugoslavia: Legal, Procedural, and Evidentiary Issue” by C. P. M. Cleiren and M. E. M. Tijssen; 10. “Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia” by Daniel D. Ntanda Nsereko; and 11. “Securing the Presence of Defendants Before the International Tribunal for the Former Yugoslavia: Breaking with Extradition” by Kenneth S. Gallant); and Part V. “Appendices.” 2079. Cleiren, C. P. M., and Tijssen, M. E. M. (1996). “Rape and Other Forms of Sexual Assault in the Armed Conflict in the Former Yugoslavia: Legal, Procedural, and Evidentiary Issues,” pp. 257–292. In Roger S. Clark and Madeleine Sann (Eds.) The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. Herein, the authors discuss the following issues: scope of protection (crimes of a sexual nature, rape versus other forms of sexual assault); violence against women from a changing social and legal perspective; aspects of prosecution (nullum crimen, nulla poena sine lege, universal jurisdiction, criminal responsibility); sources of law (grave breaches of the Geneva Conventions of 1949, violations of law or customs of war, reprisals, noninternational conflict, genocide, crimes against humanity); and practical application of the law. 2080. Davidson, Lorna, and Brandon, Scott (Eds.) (2000). Reality Demands: Documenting Violations of Humanitarian Law in Kosovo 1999. Brussels: International Crisis Group. 278 pp. From May 28 to December 28, 1999, 46 international and 123 local staff members conducted a study for the purpose of documenting both individual cases and patterns of human rights violations in Kosovo. During the process, statements were collected from thousands of victims and witnesses of human rights infractions in Kosovo. At the outset of the report/book, it is stated that: “It should be emphasized that the purpose of the project was to assist the work of the International Criminal Tribunal for the Former Yugoslavia (ICTY), which is the organization with the mandate to prosecute and punish persons responsible for . . . violations of international humanitarian law in the Former Yugoslavia since 1991” (p. 2). In chapters one and two, the project is introduced and the methodology is delineated. In chapter three, applicable provisions of humanitarian law are discussed. In chapters four and five, a summary of the evidence gathered
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is provided. In chapter six, the law discussed and analyzed in chapter three is applied to the facts delineated in chapters four and five. Ultimately, the editors conclude that the Kosovar population was subjected to crimes against humanity (and violations of the laws or custom of war), but state that they “do not reach a definite conclusion on whether genocide was indeed committed in Kosovo in 1999” (p. 236). That said, the editors recommend that the issue as to whether genocide was committed or not be raised and argued before the ICTY in order for the “intent issue” to be resolved by the tribunal. 2081. Decker, D. Christopher (2001). “The Information Technology Revolution and Gross Human Rights Violations: Justice for the Masses or ‘Fast Food’ Human Rights?” pp. 59–74. In David Barnhizer (Ed.) Effective Strategies for Protecting Human Rights: Prevention and Intervention, Trade and Education. Aldershot: Ashgate Publishing Co. Decker, legal adviser on Human Rights in Law Enforcement for the Organization for Security and Co-Operation Europe’s (OSCE) Mission in Kosovo, explores the work of one organization (the International Crisis Group Humanitarian Law Documentation Project) that aided the International Criminal Tribunal for the Former Yugoslavia (ICTY) in gathering information through the use of a database. The chapter discusses the project, including the theory behind it as well as the logistics and actual work. It concludes with a discussion of the positive and negative implications of documenting human rights and humanitarian law violations using databases. 2082. Dinstein, Yoram, and Tabory, Mala (Eds.). (1996). War Crimes in International Law. The Hague: Martinus Nijhoff Publishers. 489 pp. Among the sections, essays, and appendices in this book are: Part I. War Crimes and Responsibility (“The Distinctions Between War Crimes and Crimes Against Peace” by Y. Dinstein; “Crimes Under the I.L.C. 1991 Draft Code” by L. C. Green; “Crimes Against the Peace and Security of Mankind and the Recalcitrant Third State” by C. Tomuschat; “War Crimes and State Responsibility” by S. Rosenne; “Ethnic Cleansing” by N. Lerner; “Violations of Human Rights in Time of War as War Crimes” by H. S. Levie; “The Modern Pattern of War Criminality” by G. I. A. D. Draper); Part II. War Crimes and Punishment (“The Establishment of an International Criminal Court” by B. Broms; “A Review and Critique of the Statute of the International Tribunal” by J. J. Shestack; “The Normative Impact on International Law of the International Tribunal for Former Yugoslavia” by T. Meron; “The Decentralized Prosecution of International Offences through National Courts” by R. Wolfrum; “’Defences’ in War Crime Trials” by A.
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Eser); Part III. War Crimes in Special Situations (“Hearsay Evidence in War Crimes Trials” by K. Mann); and Appendices (“Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of Law Committed in the Territory of the Former Yugoslavia Since 1991,” and “Statute of the International Tribunal for Rwanda”). 2083. Durham, Helen (2001). “Women and Civil Society: NGOs and International Criminal Law,” pp. 819–843. In Kelly D. Askin and Dorean M. Koenig (Eds.) Women and International Human Rights Law. Volume 3. Ardsley, NY: Transnational Publishers, Inc. In her introduction, Durham, Australian Red Cross manager for International Humanitarian Law, writes that “This chapter examines the role women’s non-governmental organizations (NGOs) play in international criminal law. Using case studies of the development of the Statute for an International Criminal Court [ICC] and the proceedings of the ad hoc international criminal tribunals both in the former Yugoslavia and Rwanda, the chapter argues that women’s groups have had a significant impact on the creation and enforcement of this area of law” (p. 819). The chapter is comprised of the following sections and subsections: Introduction; Non-Governmental Organizations (NGOs) (Defining NGOs, NGOs and the UN); The Role of Women’s NGOs; The Role of NGOs in Creating and Crafting the ICC Statute; The Rome Conference on the Establishment of the ICC; NGOs and the Ad Hoc Tribunals; NGOs Gathering Evidence; Case Studies (Australian Committee of Investigation into War Crimes; American Serbian Women’s Caucus; Amicus Curiae Briefs) and Conclusion. 2084. Durham, Helen, and McCormack, Timothy, L. H. (Eds.) (1999). The Changing Face of Conflict and the Efficacy of International Humanitarian Law. The Hague: Martinus Nijhoff Publishers. 225 pp. This book includes the following two chapters: chapter 9. “International Criminal Law and the Ad Hoc Tribunals” by Helen Durham; and chapter 10. “Enforcement of International Humanitarian Law.” 2085. Ellis, Anthony (2001). “What Should We Do With War Criminals?”, pp. 97–112. In Aleksandar Jokic (Ed.) War Crimes and Collective Wrongdoing: A Reader. Malden, MA: Blackwell Publishers. Ellis, professor of Philosophy at Virginia Commonwealth University, argues that those guilty of war crimes should be tried in, more cases than not, an international court—or under its supervision. He further asserts that it is preferable that such trials be conducted by a permanent court versus ad hoc tribunals such as those in Nuremberg and Tokyo following World War II and those in The Hague and Arusha, Tanzania, in the 1990s, in which
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the alleged perpetrators of genocide in the former Yugoslavia and Rwanda, respectively, were tried. Assuming others accept his position, he asserts that the renewed interest in the establishment of a permanent international court should be welcomed by nations. 2086. Erskine, Toni (Ed.) (2004). Can Institutions Have Responsibilities? Collective Moral Agency and International Relations. New York: Palgrave Macmillan. 288 pp. This book includes a chapter entitled “Institutions of Global Justice? Aims, Capacities and Responsibilities” by C. Barry. 2087. Forsythe, David P. (1996). “Politics and the International Tribunal for the Former Yugoslavia,” pp. 185–206. In Roger S. Clark and Madeleine Sann (Eds.) The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. In his introduction, Forsythe, professor of Political Science at the University of Nebraska, Lincoln, asserts that Those who draw a clear distinction between law and politics are to be found more in ivory towers than in the corridors of power. If politics refers to the struggle to exercise power in the making of policy, and if law refers to formalized policy, then it can easily be seen that law and politics substantially overlap. The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 was the result of a political decision. Key states decided, for reasons examined below, to create such a court. This policy decision was then legalized by subjecting the policy to a certain procedure: voting in the UN Security Council with reference to Chapter VII of the UN Charter, pertaining to threats to international peace and security. This procedure had the effect of making the rulings by the Tribunal legally binding, obviating the necessity of a separate treaty, which some states might have rejected. As H. L. A. Hart has explained, it is the “secondary rule of recognition” that makes the primary rule legally binding. The “secondary” rule of legal procedure transforms a pure policy choice into a substantive legal rule. The tripartite thesis of this essay, which focuses on the politics behind the Tribunal (and the antecedent fact-finding Commission of Experts), and not at all on the application of legal rules by the Tribunal, is as follows:Key states decided on the policy of creating a court for reasons that were (beyond covert maneuvering) morally cogent but never politically compelling. Obstacles to the Tribunal’s successful functioning always were, and still are, profound, leading to the depressing conclusion that such endeavors cannot basically succeed in contemporary international relations While there are pluses and minuses in either creating or not creating such
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a court, perhaps in another half-century a similar endeavor might basically succeed—in which case this disappointing exercise will have become of more positive value. (pp. 185–186)
2088. Gallant, Kenneth S. (1996). “Securing the Presence of Defendants Before the International Tribunal for the Former Yugoslavia: Breaking with Extradition,” pp. 343–374. In Roger S. Clark and Madeleine Sann (Eds.) The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. In the introduction, Gallant, professor of Law at the University of Idaho, Moscow, notes that Unlike the victors’ war crimes tribunals at Nuremberg and Tokyo, the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 will probably not find most of its defendants already captured and ready to be tried. As the Tribunal prepares for prosecutions even before the end of war in the region, the persons who are responsible for war crimes and other violations of international humanitarian law are, in many cases, still combatants or commanders. Thus, the Tribunal’s ability to obtain the presence of defendants will in a pivotal way determine its success or failure in bringing criminals to justice. Moreover, the way in which the tribunal goes about obtaining the presence of defendants will determine how far it advances the cause of human rights in international criminal procedure. “Extradition” is the term usually used to describe the process “whereby one sovereign surrenders to another sovereign a person sought after as an accused criminal or a fugitive offender.” Extradition has a long history in international law and has developed a complex set of procedures and exceptions. The word “extradition” does not, however, appear either in the constitutive documents of the International Tribunal for the Former Yugoslavia—Security Council Resolution 827 and the Statute of the Tribunal—or in the Report of the Secretary-General Pursuant to Paragraph 2 of the Security Council Resolution 808 (1993), by which the Secretariat presented the Statute to the Security Council. Instead, the Statute, its implementing Rules of Procedure and Evidence, and the Secretary General’s Report make reference to the process by which defendants will be brought before the Tribunal, from the states in which they are found, as “transfer” or “surrender.” This change in terminology reflects important conceptual and operative differences between transfer or surrender under the Statute and under traditional extradition. The establishment of the Tribunal represents a great theoretical advance in the international enforcement of human rights. Unfortunately, [though,] a few of the Tribunal’s Rules of Procedure and Evidence . . . pose dangers to the human rights of potential defendants. (pp. 344–346)
The chapter is comprised of the following sections and subsections: The
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Conceptual Breakthrough: Personal Jurisdiction Grounded in Chapter VII of the UN Charter (International Obligation to Surrender Defendants to the Tribunal, Change from Extradition Law, Limits of the Tribunal’s Model of Personal Jurisdiction as a Standard for a Proposed Permanent Court); and The Operative Effect: Securing the Presence of Defendants While Protecting Their Rights (Investigation, Indictment, Public Nature of the Indictment, Issuance of a Warrant or Summons, Arrest or Failure to Arrest the Accused, Provisional Arrest Before Indictment, Detention and Advice of Rights of the Accused, and Surrender or Transfer of the Accused to the Seat of the Tribunal). 2089. Gardam, Judith G., and Jarvis, Michelle J. (2001). “International Redress,” pp. 177–229. In Judith G. Gardam’s and Michelle J. Jarvis’s Women, Armed Conflict and International Law. The Hague: Kluwer Law International. The authors note that in this chapter, they . . . focus on two aspects of redress, namely the prosecution of offenders (through international criminal law applicable in armed conflict) and the provision of compensation to victims. Most of the international developments to date have been in these two areas, although with considerably more emphasis on the former. We examine the work of the International military Tribunal at Nuremberg (Nuremberg Tribunal), the International Military Tribunal for the Far East (Tokyo Tribunal), the UN Compensation Commission (UNCC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). . . . We argue that international criminal law applicable in armed conflict is predicated on a hierarchy of values, and that gender is a factor in the operation of this hierarchy. In the past, the international community was more likely to consider that its interests were damaged by the types of harms that most frequently affect men during armed conflict, rather than by those commonly experienced by women. There are signs of change. The international community increasingly is recognizing that the experience of women must be taken into account in determining which acts committed during armed conflict are recognized and prosecuted as crimes. We consider the significance of these developments in terms of redress for women affected by armed conflict. (pp. 178, 179).
Among the subtitles/topics herein are: Gender and What Constitutes a Crime; Sexual Violence as Genocide; Gender and the Decision to Prosecute at the International Level; and The Security Council: The ICTY and the ICTR. 2090. Goldstone, Richard J. (2000). For Humanity: Reflections of a War Crimes Investigator. New Haven, CT: Yale University Press. 152 pp.
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Of particular interest in this book by Goldstone, the former chief prosecutor of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, is the discussion of the important milestones and successes vis-à-vis the establishment of the United Nations ad hoc tribunals (the ICTY and the ICTR) and the acknowledgment and acceptance by the international community that an international court is capable of conducting a fair trial and dispensing justice in a fair manner. Justice Goldstone asserts and discusses how the latter constitutes “a quantum leap in the advancement of international humanitarian law and international procedural law (that is, putting theory into practice),” and involves “the considerable narrowing of the traditional and artificial distinction between international and internal wars” (p. 24). He goes on to assert that “a renewed interest in the significance and weight of humanitarian law by the media, law schools, and military and political leaders, along with the marginalization of the indicted war criminals who have yet to be arrested, has, [via the establishment of the tribunals by the UN Security Council] struck a meaningful blow against impunity” (p. 126). 2091. Healey, Sharon (1995). “Prosecuting Rape Under the Statute of the War Crimes Tribunal for the Former Yugoslavia.” Brooklyn Journal of International Law, XXI(2):327–383. This article examines the “legal precedent for prosecuting rape under each of the four charges set forth in the Statute of the Tribunal” (p. 328). It also explores how the use of “information taken from the reports of journalists, human rights organizations, various missions and the report of the Commission of Experts, and Special Rapporteur of the Commission on Human Rights [was used to make] a prima facie case against Serbian forces under these charges” (p. 329). The article is comprised of the following sections and subsections: I. Introduction; II. The Historical Occurrence of Rape in Armed Conflict (A. Grave Breaches of the Geneva Conventions; B. Violations of the Laws and Customs of War; C. Crimes Against Humanity; D. Violations of the Genocide Convention (1. The Rape of Bosnia Muslim Women Violates Article Il of the Genocide Convention; 2. Establishing Intent in Bosnia-Herzegovina); IV. Punishing Violations of Human Rights and Humanitarian Law; V. The Current Status of the Tribunal; and VI. Conclusion. 2092. Henquet, Thomas (1999). “Mandatory Compliance Powers vis-à-vis States by the Ad Hoc Tribunals and the International Criminal Court: A Comparative Analysis.” Leiden Journal of International Law, 12(4):969–999. In discussing the jurisprudence of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the travaux preparatoires of the Rome Treaty,
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Henquet, associate legal officer with the chambers of the International Criminal Tribunal for the former Yugoslavia, compares the mandatory powers conferred on the respective institutions. He concludes that the UN Security Council “endowed the Tribunals with unequivocally binding powers, while under the Rome Treaty regime, which resembles traditional inter-state cooperation in criminal matters, the ICC’s powers are more limited and state obligations less stringent” (p. 969). 2093. Hirsh, David (2003). Law Against Genocide: Cosmopolitan Trials. London: Cavendish/Glasshouse Press. 183 pp. Using a sociological lens, Hirsh analyzes the development of the law of crimes against humanity since the Nuremberg trials, as well as the issues of individual and collective responsibility. The discussion of the theoretical and political debates surrounding humanitarian law is based on the author’s empirical analysis of four contemporary trials— two trials (those of Blaskic and Tadic) at the International Criminal Tribunal for former Yugoslavia (ICTY), the London trial of Andrei Sawoniuk in 1999 for crimes allegedly committed during the Holocaust, and the David Irving libel case. Drawing on a wide range of arguments from classic and current sociology as well as theorists of international law, the author sets out to make a case for seeing these trials as part of an emergent “cosmopolitan” criminal law that puts the protection of people above the rights of states or governments. 2094. Horowitz, Shale, and Schnabel, Albrecht (Eds.) (2004). Human Rights and Societies in Transition: Causes, Consequences, Responses. Tokyo: United Nations University Press. 500 pp. This book is a joint effort by seventeen scholars from various parts of the world, specializing in political science, sociology, law, and regional studies. It explores the contemporary international human rights regime, the factors predominantly responsible for human rights violations in transition societies, long-term consequences of such violations, and political remedies. It includes, in part, a discussion of the consequences of the War Crimes Tribunals vis-à-vis the protection of human rights in “transition” societies. 2095. The International Criminal Tribunal for the Former Yugoslavia (1995). “Indictment 2—Meakic & Others, and Indictment 3—Tadic & Others (13 February 1995). International Legal Materials, 34:1013–1044. In this indictment, Richard J. Goldstone, prosecutor of the International Criminal Tribunal for the Former Yugoslavia, charged that “From about 25 May to about 30 August, 1992, Serb forces collected and confined more than 3,000 Bosnian Croats from the opstina of Prijedor, Bosnia-Herzegovina, in the former Yugoslavia, in inhumane conditions, under armed guard, in
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the Omarska ‘camp,’ located in a former mining complex approximately fifteen kilometers from the town of Prijedor. As set forth below, the Serb forces killed, raped, sexually assaulted, beat and otherwise mistreated the prisoners at Omarska” (p. 1014). In this indictment, Zeljko Meakic, who was in charge of the Omarska Camp, beginning in late June 1992, was charged with genocide, while all of the other accused were charged with grave breaches of the Geneva Conventions, crimes against humanity, and violations of law or customs of war. 2096. International Criminal Tribunal for Rwanda (ICTR) (1999). “International Criminal Tribunal for Rwanda: The Prosecutor V. Serushago.” International Legal Materials, 38:854–863. This document constitutes the sentencing component of the trial against Omar Serushago for his involvement in the 1994 genocide in Rwanda. Serushago, one of the leaders of the Interahamwe in Gisenyi, was found guilty of one count of genocide and three counts of crimes against humanity. 2097. International Criminal Tribunal for Rwanda (ICTR) (2000). “The Prosecutor versus Georges Anderson Nderubumwe Rutaganda—Case No: ICTR-96-3T. Judgement and Sentence.” International Legal Materials, 39:557–634. This case deals with the actions of Georges Rutaganda (a shareholder in Radio Télévision Libre des Mille Collines, and the second vice president of the National Committee on the Interahamwe, the youth militia of the MRND) during the 1994 genocide in Rwanda. The document is comprised of the following: 1. Introduction; 2. The Applicable Law; 3. The Defense’s Case; 4. Factual Findings; 5. Legal Findings; 6. Verdict [he was found guilty of genocide, crimes against humanity, and violations of Common Article 3 of the Geneva Conventions (Murder)]; and 7. Sentence. 2098. International Crisis Group (2001). “Bosnia’s War Criminals: Getting Away With Murder.” Current History: A Journal of Contemporary World Affairs, March, pp. 120–123. In this short but disturbing piece, the International Crisis Group notes and then asserts that “Many of those accused of war crimes in Bosnia have successfully diverted the international community’s attention from their wartime activities while maintaining significant influence in their local communities. An often complacent international community and a politically cautious SFOR [Stabilization Force—the organization with the principle mandate for security under the Dayton Accords] aids them in their endeavor” (p. 20). Among the issues the authors address herein are: some of the methods used by certain suspects to try to avoid becoming a target of the International
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Criminal Tribunal for the Former Yugoslavia (ICTY); why there have been relatively few arrests; the situation regarding Radovan Karadzic, the Bosnian Serbs’ wartime leader; and the constraints on and shortcomings of the ICTY. 2099. Jones, Adam (2006). Genocide: A Comprehensive Introduction. New York: Routledge. 256 pp. The last section of this book (Part. 4. The Future of Genocide) includes a chapter entitled “Punishing Genocide.” 2100. Jones, John R. W. D. (2000).The Practice of the International Criminal Tribunals for the Former Yugoslavia and Rwanda. Ardsley, NY: Transnational Publishers. 666 pp. The intended purpose of this book is to serve as a guide to the jurisprudence of the two ad hoc international tribunals established by the UN Security Council: The International Criminal Tribunal for the former Yugoslavia (ICTY), created in 1993, and the International Criminal Tribunal for Rwanda (ICTR), created in 1994. The volume is comprised of the following sections: “Introduction”; “User’s Guide”; “Index to Judges and Chambers”; Part One. “ICTY and ICTR Trials”; Part Two. A. “The International Criminal Tribunal for the former Yugoslavia [An Overview) Statute of the ICTY, and Articles 1–34” (including Article 4—”Genocide”); B. “The Rules of Procedure and Evidence of the ICTY”; Part Three. A. “The International Criminal Tribunal for Rwanda [An Overview] Statute of the ICTY, and Articles 1–32” (including Article 2—”Genocide”); B. “The Rules of Procedure and Evidence of the ICTR”; and “Select Bibliography.” 2101. Karagiannakis, Magdalini (1999). “The Definition of Rape and Its Characterization as an Act of Genocide—A Review of the Jurisprudence of the International Criminal Tribunals for Rwanda and the Former Yugoslavia.” Leiden Journal of International Law, 12(2):479–490. In this article, the author, a legal officer with the International Criminal Tribunal for the Former Yugoslavia, reviews “the recent precedent-setting judgments of the international criminal tribunals for the Former Yugoslavia and Rwanda which have sought to define rape in international law using different approaches. [More specifically,] this is the first decision of an international tribunal to consider the questions of whether rape can constitute genocide” (p. 479). 2102. Kerr, Rachel (2004). The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy. New York: Oxford University Press. 239 pp.
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Kerr, lecturer in war studies at King’s College, London, provides a systematic examination of the ICTY, what it is, why it was established, how it functions, and where its significance lies. Separate chapters chart the origins of the court; the process of establishment; jurisdiction; procedure; state cooperation, including obtaining custody of the accused; and the role and function of the Chief Prosecutor. The book concludes with an assessment of the conduct of the Slobodan Milosevic case through late 2002. 2103. King, Henry T. (1996). “Nuremberg and Sovereignty.” Case Western Reserve Journal of International Law, 28(1):135–140. In this address to the American Bar Association Annual Meeting (August 7, 1995), King, a former U.S. prosecutor at the Nuremberg trials, provides a succinct evaluation as to how the Nuremberg proceedings dealt with questions of sovereignty and then discusses the ramifications of the latter for today’s world. 2104. Knoops, Geert-Jan Alexander (2003). An Introduction to the Law of International Criminal Tribunals: A Comparative Study. Ardsley, NY: Transnational Publishers. 207 pp. This book by Knoops, professor of Criminal Law at Utrecht University, is comprised of the following chapters: chapter I. “Contemporary International Criminal Tribunals (ICT): Distinctions and Main Characteristics”; chapter II. “Classification and Identification of International Crimes by ICT”; chapter III. “General Principles of Substantive Criminal Law Envisioned by ICT”; chapter IV. “General Principles of Procedural Criminal Law Envisioned by ICT”; chapter V. “Principles of Criminal Evidence Before ICT”; chapter VI. “The Emergence of Uniform Standards of Due Process Before ICT: Influence on (Inter)national Criminal Law(s)”; chapter VII. “International State Cooperation with ICT: Obtaining Evidence Abroad”; and chapter VIII. “Redressing Wrongful Prosecutions and Convictions or Miscarriages of Justice by ICT.” 2105. Kolb, Robert (2000). “The Jurisprudence of the Yugoslav and Rwandan Criminal Tribunals on Their Jurisdiction and on International Crimes,” pp. 259–315. In James Crawford and Vaughan Lowe (Eds.) The British Year Book of International Law. Oxford: The Clarendon Press. In his introduction, Kolb, who is affiliated with the Institute of International Studies in Geneva, notes that “This article presents an overview of the case law of the Yugoslav and Rwandan International Criminal Tribunals. This overview will be limited to matters of substantive law to the exclusion of procedural points. It will deal with the crimes within the jurisdiction of the Tribunals, issues of participation in the commission of crimes, and defenses” (p. 259).
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The article is comprised of the following: I. Introduction; II. The Conditions for the Jurisdiction of the Tribunals (1. The Requirement that the Rules of International Humanitarian Law Applied Be Part of Customary Law; 2. The Requirement that the Vocations of the Rule Must Entail, Under Customary International Law, Individual Criminal Responsibility; 3. The Requirement that the Violations of Humanitarian Law Are Serious and Took Place at a Certain Location and During a Certain Period of Time; 4. The Existence of Armed Conflict; 5. The Existence of a Nexus Between the Offenses and the Armed Conflict); III. Article 2 of the ICTY Statute: Grave Breaches of the Geneva Conventions of 1949; IV. Article 3 of the ICTY Statute: Violations of the Law and Customs of War; V. Article 4 of the ICTR Statute: Violations of Common Article 3 of the Geneva Conventions (1949) and of Additional Protocol II (1977); VI. Article 4 ICTY Statute/Article 2 ICTR Statute: Genocide; VII. Article 5 ICTY Statute/Article 3 ICTR Statute: Crimes Against Humanity; VIII. Analysis of Individual Offenses (1. Willful Killing and Murder; 2. Mistreatments; 3. Rape and Other Serious Sexual Assaults; 4. Unlawful Confinement of Civilians, 5. Plunder); IX. Individual Criminal Responsibility and Forms of Participation in a Crime; X. Command Responsibility: Responsibility of the Superior for the Acts of His Subordinates; XI. Defenses: The Plea of Duress; and XII. Conclusion. 2106. Kolodkin, Roman A. (1996). “An Ad Hoc International Tribunal for the Prosecution of Serious Violations of International Humanitarian Law in the Former Yugoslavia,” pp. 165–183. In Roger S. Clark and Madeleine Sann (Eds.) The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. Herein, the author discusses the establishment of the tribunal, the law applicable to establishing an international criminal tribunal, and the ramifications of the establishment and implementation of the tribunal vis-à-vis the establishment of a permanent international criminal court. 2107. Kutner, Luis with Ernest Katin (1984). “World Genocide Tribunal: A Proposal for Planetary Preventive Measures Supplementing a Genocide Early Warning System,” pp. 330–346. In Israel W. Charny (Ed.) Toward the Understanding and Prevention of Genocide: Proceedings of the International Conference on the Holocaust and Genocide. Boulder, CO: Westview Press. In this essay Kutner and Katin, both attorneys, propose the establishment of a World Genocide Tribunal, whose purpose would be “to try and punish perpetrators of acts of genocide” (p. 330). In so doing, they discuss the projected formation of the tribunal, its powers, its jurisdiction, how it would function, and its role in applying “civil remedies in undertaking preventive
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or anticipatory measures as to situations which ultimately develop towards genocide” (p. 341). 2108. Lattimer, Mark and Sands, Philippe (Eds.) (2004). Justice for Crimes Against Humanity. Portland, OR: Book News. 501 pp. The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of former Chilean dictator Augusto Pinochet in London. The essays in this volume, written by internationally recognized legal experts—scholars, practitioners, judges—explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and perspectives offered by experienced practitioners in the field. The book is comprised of the following parts and chapters: Part I: Atrocity, Impunity, Justice (“From Nuremberg to Rome: A Personal Account” by Benjamin Ferencz; “Universal Jurisdiction: New Uses for an Old Tool” by Christopher Keith Hall; “Immunities for Heads of State: Where Do We Stand?” by Brigitte Stern; “Their Atrocities and Our Misdemeanors: The Reticence of States to Try Their ‘Own Nationals’ for International Crimes” by Timothy L. H. McCormack); Part II: Justice in International and Mixed Law Courts (“The International Criminal Tribunals for the Former Yugoslavia and Rwanda” by Graham T. Blewitt; “The Collection and Admissibility of Evidence and the Rights of the Accused” by Richard May; “The Permanent International Criminal Court” by M. Cherif Bassiouni; “Striking a Balance: Mixed Law Tribunals and Conflicts of Jurisdiction” by Diane F Orentlicher); Part III: Justice in National Courts (“Pursuing Crimes Against Humanity in the United States: The Need for a Comprehensive Liability Regime” by William J. Aceves and Paul L Hoffman; “Criminal Responsibility in the UK for International Crimes Beyond Pinochet” by Clare Montgomery; “Civil Reparation in National Courts for Victims of Human Rights Abuse” by Fiona McKay; “National Action Challenged: Sovereignty, Immunity and Universal Jurisdiction before the International Court of Justice” by Andrew Clapham); Part IV: Perspectives From Practitioners (“The Contribution of International Tribunals to the Development of International Criminal Law” by Eric David; “UK Prosecutions for Crimes Under International Law” by Geoffrey Bindman; “The UN Human Rights Machinery and International Criminal Law” by Nigel Rodley; “Using Universal Jurisdiction to Combat Impunity” by Reed Brody); and Part V: Conclusion (“Enforcing Human Rights through International Criminal Law” by Mark Lattimer).
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2109. Lescure, Karine, and Trintignac, Florence (1996). International Justice for Former Yugoslavia: The Working of the International Criminal Tribunal of the Hague. The Hague: Kluwer Law International. In this book, the authors (Lescure is a French jurist and Trintignac is a French political scientist) explain the way in which the ICTY is designed to work. The book is comprised of the following parts and sections: I. General Presentation of the Tribunal and Its Operation (I. “Organization of the Court”; II. “Jurisdiction the Tribunal”; III. “Procedures”); II. Aid, Protection and Facilities Available to Victims and Witnesses (I. “Financial and Institutional Aspects of Aid and Protection”; II. “Protection Given to Victims and Witnesses: Indispensable But Still Inadequate”; III. “Lightening the Burden of Proof: The Example of Sexual Assault”); IV. The Crux of the Matter: Trying the Criminals (I. “Trying the Criminals: Cooperation from States is a Necessity”; and II. “Trying the Criminals: The Resources Allocated”); Conclusion. 2110. Magnarella, Paul J. (2000). Justice in Africa. Brookfield, UK: Ashgate. 166 pp. This book presents an examination of the ways in which the International Criminal Tribunal for Rwanda, which is trying alleged perpetrators of the 1994 Rwandan genocide, has led to new developments in international humanitarian law, particularly in regard to enforcement of the Geneva Convention, the Genocide Convention of 1948, and laws proscribing crimes against humanity. 2111. Malone, Linda (1996). “Beyond Bosnia and In Re Kasinga: A Feminist Perspective on Recent Developments in Protecting Women from Sexual Violence.” Boston University International Law Journal, 14(2):319–340. This essay by Malone, Marshall-Wythe Foundation Professor of Law in the College of William and Mary School of Law, examines the international response to the mass rapes in Bosnia, and other developments under international law in order to provide a context for an exploration as to whether progress has been made in the world community’s response to sexual violence against women. In doing so, she discusses “The Final Report of the Committee of Experts Established Pursuant to Security Resolution 780” in which it “particularly sought to examine the relationship between ‘ethnic cleansing,’ rape, and other forms of sexual assault” (p. 322). In section three (“The Deficiencies of Human Rights Law When Evaluated Beyond the Bosnia Atrocities”), Malone duly observes that
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. . . the Tribunal’s indictments for the former Yugoslavia charge rape as a war crime, a grave breach, genocide, and a crime against humanity. The most significant progression with regard to gender violence is the indictment of eight Serbs for crimes against humanity and grave breaches of international law for the gang rapes, torture, and sexual enslavement of Muslim women in Foca. The Statute of the International Tribunal for Rwanda represents another step forward by including rape, forced prostitution, and any form of indecent assault in Article 4 of the Statute. . . . In October of 1995, the Second Circuit reinstated a suit under the Alien Tort Statute against Bosnian Serb leader Radovan Karadzic, holding that the law of nations applies to acts of private individuals that are cognizable violations of customary international law, although only if they were committed in pursuit of genocide or war crimes. (pp. 327–328)
2112. Maogoto, Jackson Nyamuya (2003). State Sovereignty and International Criminal Law: Versailles to Rome. Ardlsey, NY: Transnational Publishers. 311 pp. This book is comprised of the following chapters: 1. “The Concept of Sovereignty and the Development of International Law”; 2. “World War I: Sowing the Seeds of Challenge to State Sovereignty”; 3. “World War II: Reaping the Fruits of the Challenge to State Sovereignty”; 4. “The Cold War: The 20th Century’s Third Hegemonic Struggle”; 5. “The Yugoslav Tribunal: State Sovereignty in the Shadow of International Justice”; 6. “The Rwandan Tribunal: Gaining Ground in the Diminution of State Sovereignty”; and 7. “The International Criminal Court: Challenges and Concessions to the Westphalian Model.” 2113. Maogoto, Jackson Nyamuya (2004). War Crimes and Realpolitik: International Justice from World War I to the 21st Century. Boulder, CO: Lynne Rienner Publishers. 267 pp. War Crimes and Realpolitik explores the evolution and operation of the international criminal justice system, highlighting the influences of politics. More specifically, Maogoto explores the conflict between justice and realpolitik. Showing how states, in furthering their political agendas, sometimes hinder the enforceability of international criminal law, Maogoto, lecturer in Law at the University of Newcastle in Australia, delineates the state interests that often control international legal norms and institutions and even manipulate public perceptions. Ranging from the period just after World War I to the recent establishment of the International Criminal Court, he provides a thorough exposition of the politics and processes of international penal institutions in the state-driven international system. Included in the book are such chapters as “Crisis in the Balkans: Raising the Nuremberg Precedent,” and Rwanda: Portrait of a Reluctant International Community.”
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2114. May, Larry (2004). Crimes Against Humanity: A Normative Account. New York: Cambridge University Press. 328 pp. The focus of this book is the philosophical foundations of international criminal law. In that regard, it addresses the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. This book is comprised of the following parts and chapters: A. Universal and Moral Minimalism (1. “Introduction”; 2. “Jus Cogens Norms”; 3. “Custom, Opinio Juris, and Consent”); B. Principles of International Criminal Law (4. “The Security Principle”; 5. “The International Harm Principle”; 6. “International Crime: The Case of Rape”); C. Prosecuting International Crimes (7. “Prosecuting ‘Minor Players’ for Crimes Against Humanity”; 8. “Prosecuting State Leaders for Crimes Against Humanity” 9. “Prosecuting Genocide Amidst Widespread Complicity”); and D. Defenses and Alternatives (10. “Superior Orders, Duress, and Moral Perception”; 11. “The International Rule of Law”; 12. “Victims and Convictions”; and 13. “Reconciliation and Amnesty Programs”). 2115. May, Richard (2001). “Challenges to Indictments in International Trials,” pp. 433–445. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. In his introduction, May, presiding judge, Trial Chamber III, and chair, Rules Committee of the ICTY, notes that The purpose of this paper is to discuss the practice to date in relation to the challenges to indictments in trials before international criminal tribunals; mainly the International Criminal Tribunal for the former Yugoslavia (ICTY), but also the International Criminal Tribunal for Rwanda (ICTR), as well as the International Tribunals at Nuremberg and Tokyo, and the second tribunals in Germany and Japan. The discussion falls under four broad headings: I. Who is to be indicted?; II. The form of the indictment; III. Challenges to the form of the indictments; and IV. The number of violations. (p. 533)
2116. May, Richard, and Wierda, Marieke (Eds.) (2002). International Criminal Evidence. Ardlsey, NY: Transnatioanl Publishers. 394 pp. The collective authors of this book present an in-depth analysis of the law of evidence before international criminal tribunals (e.g., the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for Rwanda). In doing so, they address such topics as admissibility, hearsay, identification evidence, and forensic and documentary evidence. They also
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discuss procedural issues arising from fair trial rights, state cooperation, witness protection, and the compulsive powers of the court. While the primary focus of the book is the practice of the United Nations ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda, it also delineates the developments of the law of evidence back to the trials conducted by the Allied powers after the Second World War. The authors also discuss the future of the law in this field, with comments on the projected implementation of the Statute and the Rules of Procedure of the permanent International Criminal Court. They conclude with some general remarks on trends in international criminal evidence that will be helpful to international tribunals, “mixed” tribunals (such as those proposed for Sierra Leone and Cambodia), and national courts alike. 2117. May, Richard, and Wierda, Marieke (1999). “Trends in International Criminal Evidence: Nuremberg, Tokyo, The Hague, and Arusha.” Columbia Journal of Transnational Law, 37(3):725–765. The authors, judge and associate legal officer, respectively, of the International Criminal Tribunal for the Former Yugoslavia (ICTY), argue that in relation to the rules of evidence, the Tribunals [ICTY and ICTR] established by the U.N. Security Council in the 1990s are in a position to build on the work begun in the post-world War II trials. The article is comprised of the following sections and subsections: I. Introduction; II. Rules of Evidence in the Post-World War II Tribunals (A. The International Military Tribunal at Nuremberg; B. THE IMTFE; C. The Subsequent Trials); III. Developments Since the World War II Tribunals (A. Human Rights Law, B. Witness Protection; C. Technology); IV. Rules of Evidence in the Modern Tribunals (A. The ICTY, and B. The ICTR); V. The Presentation of Evidence in the Tribunals (A. Examination of Witnesses; B. Time for Calling Evidence; C. Multiple Defendant Trials; D. The Accused as Witnesses; E. Role of the Trial Chamber); VI. The Nature of the Evidence Before the Tribunals; VII. Approach to the Admissibility of Evidence in the Tribunals (A. Treatment of Hearsay Evidence; B. Documenting Evidence; C. Affidavit Evidence); VIII. Safeguards for a Fair Trial (A. Burden and Standard of Proof; B. The Weighing of Evidence; C. Disclosure (1. The Post-World War II Tribunals; 2. The Modern Tribunals); D. Exclusion of Evidence and the Right to Silence); and IX. Conclusion. 2118. McCormack, Timothy L. H., and Simpson, Gerry S. (Eds.) (1997). The Law of War Crimes: National and International Approaches. The Hague: Kluwer Law International. 262 pp. Among the many chapters this book contains that deal with tribunals are:
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chapter 1. “War Crimes: A Critical Introduction”; chapter 2. “From Sun Tzu to the Sixth Committee: The Evolution of an International Criminal Law Regime” by Timothy L. H. McCormack; chapter 3. “The Politics of Prosecution: European National Approaches to War Crimes”; chapter 8. “Atrocity and Its Prosecution: The Ad Hoc Tribunals for the Former Yugoslavia and Rwanda” by Christopher L. Blakesley; and chapter 9. “Achieving the Promise of Nuremberg: A New International Criminal Law Regime” by Timothy L. H. McCormack and Gerry S. Simpson. 2119. McDonald, Avril (1998). “The Yearbook in Review,” pp. 113–160. In T. M. C. Asser Instituut (Ed.) Yearbook of International Humanitarian Law. Volume 1. The Hague: T. M. C. Asser Press. McDonald, managing editor of the Yearbook of International Humanitarian Law, discusses the following issues germane to the subject of genocide: the enforcement of international humanitarian law, international criminal prosecution, the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the Permanent International Criminal Court (ICC), national courts, and peacekeeping and peace enforcement. 2120. McDonald, Gabrielle Kirk (2001). “Contributions of the International Criminal Tribunals to the Development of Substantive International Humanitarian Law,” pp. 446–472. In Sienho Yee and Wang Tieya (Eds.) International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. In her introduction, McDonald, former president and judge of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and presiding judge of the Appeals Chambers of the ICTY and the International Criminal Tribunal for Rwanda (ICTR), notes that this essay focuses “on the contributions of the International Criminal Tribunals to the substantive development of international humanitarian law, delineating the extensive jurisprudence concerning the elements of war crimes, crimes against humanity, genocide, and grave breaches of the four Geneva Conventions” (p. 448). The essay is comprised of the following parts: I. Introduction; II. Competence of the International Criminal Tribunals; III. Individual Accountability; IV. Statutory Provisions and Elements Relating to Substantive Offenses (IV. A. ICTY Statute, Article 2: Grave Breaches of the Geneva Conventions of 1949; IV.B. ICTY Statute, Article 3: Violations of the Laws or Customs of War and ICTR Statute, Article 4: Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II; IV.C. ICTY Statute, Article 4 and ICTR Statute, Article 2: Genocide; IV.D. ICTY Statute, Article 5; ICTR, Article 3: Crimes Against Humanity); and V. Conclusion.
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2121. Meernik, James (2003). “Victor’s Justice or the Law? Judging and Punishing at the International Criminal Tribunal for the former Yugoslavia.” The Journal of Conflict Resolution, April, 47(2):140–162. The author examines the following issues: “Are the resources, experiences, and moral force so weighted in favor of the international community that the accused cannot obtain a fair contest?” and “Are international criminal trials legalistic exercises that cloak a victor’s justices, or do such courts premise their decisions on fair criteria?” 2122. Meron, Theodor (1997). “Answering for War Crimes: Lessons from the Balkans.” Foreign Affairs, January/February, 76(1):2–8. While Meron (professor of International Law at New York University School of Law and the Graduate Institute of International Studies in Geneva) is critical of the limited success of the International Criminal Tribunal for the Former Yugoslavia (ICTY), he asserts that it has played a positive role in various ways— perhaps most importantly by “helping pave the way for future prosecution of such crimes, the tribunal has prepared a comprehensive set of rules of procedure and evidence, which, in the words of the tribunal, are the first code of international criminal procedure and evidence” (p. 7). 2123. Meron, Theodor (1995). “International Criminalization of International Atrocities.” American Journal of International Law, 89(3):554–577. In this article, Meron sets out to “develop a broad, principled approach to the prosecution of perpetrators of atrocities committed in civil wars or noninternational armed conflicts (but not in civil strife or situations involving violence of lower intensity), focused not only on the role of international tribunals but also on that of national courts.” (p. 556) The article is comprised of the following sections: The Yugoslavia and Rwanda Statutes and Internal Atrocities; Criminality of Humanitarian Law; Ex Post Facto?; Nongrave Breaches and Universal Jurisdiction; War Crimes and Universal Jurisdiction; and War Crimes and Internal Conflicts. A key recommendation of Meron’s is that all future international criminal tribunals “must be more effectively supported by police power” (p. 8). In this vein, he asserts that “just as there can be no national justice without a police force, there can be no effective international justice without arrests, subpoenas, investigations, and a reliable enforcement mechanism” (p. 8). 2124. Meron, Theodor (1996). “The Normative Impact on International Law of the International Tribunal for Former Yugoslavia,” pp. 211–231. In Yoram Dinstein and Mala Tabory (Eds.) War Crimes in International Law. The Hague: Martinus Nijhoff Publishers.
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In his introduction to this essay, Meron writes as follows: Whatever the practical achievements of the International Tribunal for Yugoslavia may prove to be, the United Nations Security Council has established the first truly international criminal tribunal for the prosecution of persons responsible for serious violations of international humanitarian law. Its creation portends at least some deterrence to future violations and gives a new lease on life to that of international criminal law which applies to violations of humanitarian law. These are major achievements. However, the tragic and massive abuses in the former Yugoslavia have also triggered additional institutional and normative developments, which are the subject of this article. The first noteworthy development is the ground-breaking determination by the Security Council that the commission of atrocities in the former Yugoslavia, particularly in Bosnia-Herzegovina, constituted a threat to international peace, and that the creation of an ad hoc international criminal tribunal would contribute to the restoration of peace. It was on this basis pursuant to Chapter VII of the UN Charter that the Security Council decided in Resolutions 808 and 827 to establish such a tribunal. . . . Second, the statute of the tribunal contributes significantly to affirming certain major components of international humanitarian law as customary law. . . . The third development . . . is the concerted and successful effort to treat the conflicts in the territory of the former Yugoslavia as international armed conflicts, which triggers the applicability of the entire body of international humanitarian law, including provisions of Hague law and Geneva law (grave breaches) establishing the personal responsibility of the perpetrators. . . . Fourth, there has been a movement toward international criminalization of the offences under common Article 3 of the Geneva Convention committed in non-international armed conflicts. . . . The fifth is the abolitionist position taken by the statute . . . Article 24 of the new statute limits the penalty that may be imposed by the Tribunal to that of imprisonment. . . . The sixth . . . is that the due process protection in the statute exceeds those in the Charters of the Nuremberg and Tokyo Tribunals. . . . Seventh, again going beyond the Nuremberg Charter . . . , rape can constitute a crime against humanity . . . (p. 211)
2125. Mettraux, Guénaël (2005). International Crimes and the Ad Hoc Tribunals. New York: Oxford University Press. 442 pp. Herein, Mettraux, former associate legal officer of the chambers (ICTY) and now a defense counsel appearing before the ICTY, provides an analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslavia and Rwanda. In doing so, he examines the legal and historical significance of some of the most important judicial developments to occur in the last fifty years in international criminal law. He delineates the law of the tribunals, provides concrete illustrations of the application of the law to a variety of criminal cases, and provides a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of the Tribunals: the definition
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and application of the law of war crimes, crimes against humanity, and genocide. He also examines the Tribunals’ jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability). Two Parts (IV and VI) of this book deal with genocide. Part IV. “Genocide” is comprised of the following chapters: 13. “Genocide and International Criminal Tribunals”; 14. “General or Chapeau Elements of Genocide”; 15. “Underlying Offenses; 16. “Genocide and other Forms of Criminal Involvement.” Part VI. “Distinguishing Genocide, War Crimes, and Crimes Against Humanity: Cumulative Charging and Cumulative Convictions” is comprised of the following: 24. “War Crimes and Crimes Against Humanity”; 25. “War Crimes and Genocide”; and 26. “Genocide and Crimes Against Humanity.” 2126. Monshipouri, Mahmood, and Welch, Claude E. (2001). “The Search for International Human Rights and Justice: Coming to Terms with the New Global Realties.” Human Rights Quarterly, 23(2):370–401. In their introduction, Monshipouri (professor and chair of the Political Science Department at Quinnipiac University) and Welch (SUNY Distinguished Professor of Political Science) write that “To assess the evolution of international human rights since the end of the Cold War, we analyze a complex array of issues, from sovereignty to intervention, from globalization to international justice [including the ad hoc international criminal tribunals in the Former Yugoslavia and Rwanda, and the Pinochet case], issues that brought enormous pressure to state policymakers as they face these new realities” (p. 372). 2127. Morris, Virginia, and Scharf Michael (1995). An Insider’s Guide to the International Criminal Tribunal for the Former Yugoslavia: A Documentary History and Analysis. Two Volumes. Irvington-on-Hudson, NY: Transnational Publishers, Inc. 501 pp. and 691 pp., respectively. Volume I provides a detailed analysis of the provisions of the statute of the International Tribunal and its rules of procedure and evidence, “taking into account existing international law and practice, the proposals submitted by states and organizations, and the views expressed by members of the [UN] Security Council in adopting the statute. The International Tribunal is also placed in a historical context and its prospects for success accessed” (pp. xiii–xiv). Volume II includes a collection of key documents that “trace the journey of the International Tribunal from idea to reality” (p. xiii). The authors note that “In addition to the interest historians or legal scholars may evince for such a project, the book is intended to serve as a practical guide for those who are involved, directly or indirectly, in the work of the Interna-
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tional Tribunal, including states, intergovernmental and non-governmental organizations, judges, prosecutors, and defense counsel. Volume I is comprised of the following chapters: 1. “Major Developments in the History of International Criminal Jurisdiction”; 2. “The Legal and Factual Circumstances that Led to the Establishment of the International Tribunal”; 3. “The Legal Basis for the Establishment of the International Tribunal”; 4. “The Limited Jurisdiction and the Applicable Law of the International Tribunal”; 5. “The Subject Matter Jurisdiction of the International Tribunal”; 6. “The Personal Jurisdiction of the International Tribunal”; 7. “The Territorial and the Temporal Jurisdiction of the International Tribunal”; 8. “The Concurrent Jurisdiction of the International Tribunal and National Courts”; 9. “The Organization of the International Tribunal”; 10. “The Rules of Procedure and Evidence”; 11. “Investigation and Indictment”; 12. “The Trial”; 13. “Post-Trial Proceedings”; 14. “The Cooperation and Judicial Assistance of States”; 15. “General Provisions”; and 16. “Conclusion.” Volume II is comprised of the following Documents: I. “Report of the Secretary-General Containing the Statute of the International Tribunal, 3 May 1993”; II. “The Rules of Procedure and Evidence of the International Tribunal, 11 February 1994 (as Amended 5 May and 4 October, 1994, and as Revised 30 January 1995)”; III. “Directive on Assignment of Defense Counsel, 1 August 1994”; IV. “Rules Governing the Detention of Persons Awaiting Trial or Appeal Before the International Tribunal, 5 May 1994”; V. “Headquarters Agreement for the International Tribunal, 27 May 1994”; VI. “Security Council Resolutions and Record of Debates”; VII. “Proposals of States and Organizations for the Statute of the International Tribunal”; VIII. “Proposals of States and Organizations for the Rules of Procedure and Evidence of the International Tribunal”; IX. “International Tribunal Documents”; and X. “The Nuremberg Precedent.” 2128. Murphy, Sean D. (1999). “Progress and Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia.” American Journal of International Law, 93(1):57–97. In this article, Murphy, professor of Law at George Washington Law School, describes the status (as of 1998) of the International Criminal Tribunal for the Former Yugoslavia (ICTY); provides an analysis of jurisprudence (as seen in its most significant decisions); and succinctly assesses its place in the development of international humanitarian law. The article is comprised of the following sections and subsections: I. The Shift to Trial Work; II. Significant ICTY Decisions as of December 1998 (Establishment of the ICTY, Authority vis-à-vis National Courts, Attribution of the Crime to an Individual, Indictments, Trials in Absentia, Apprehension
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of Indictee, The Right to Remain Silent, Pretrial Motions, Conditions of Detention/Provisional Release, Amicus Curiae Presentations, Non Bis in Idem, Joint Trials, Evidentiary Matters, Challenges of Judges, Elements of Crimes, Rape and Sexual Assault, Reprisal as a Defense, Conviction After Trial, Validity of Plea; Sentencing, Appeals); and III. the ICTY’s Legacy. 2129. Neuffer, Elizabeth (2000).The Key to My Neighbor’s House: Seeking Justice in Bosnia and Rwanda. New York: Picador/St. Martin’s. 544 pp. Written by a correspondent for the Boston Globe, the first part of My Neighbors House delineates the focus of the conflicts in Bosnia and Rwanda. In doing so, Neuffer spells out the larger causes and horrifying results of the conflicts. In the second part of the book she presents the international efforts—via the international war crime tribunals—to punish the perpetrators of crimes against humanity and genocide. In regard to the latter, Neuffer discusses how both tribunals were hampered by inadequate funding, lack of commitment (e.g., the international community supported the tribunals when it to proved to be advantageous and didn’t when it was not), and the excruciatingly slow pace of the prosecutions. 2130. Newman, Edward (2002). “’Transitional Justice’: The Impact of Transnational Norms and the UN.” Special Issue (“Recovering from Civil Conflict: Reconciliation, Peace and Development” edited by Edward Newman and Albrecht Schnabel) of International Peacekeeping, Summer, 9(2):31–50 . The abstract to this article reads as follows: “A perennial challenge in post-conflict societies is how to balance claims for justice, truth and accountability with the need for peace and stability. Increasingly in recent years, international norms are impinging upon this process with the growing consensus that some form of justice and accountability are integral to peace and stability. This essay explores the modalities of dealing with past abuses of human rights, and considers whether the growing prominence of international law, international tribunals and courts that have a humanitarian remit is changing the balance of transition in favor of accountability and justice. The essay concludes that dealing with past abuses of human rights is as much about politics and trade-offs as it is about justice and accountability, especially in post-conflict and transitional situations. Whilst the input of international norms and institutions may increase the prospects of justice, transitional societies must embrace other values—such as peace, stability, development—that are not necessarily co-terminal. Moreover, the process will inevitably be conditioned by the predilections of powerful political actors outside the societies in question.” (n. p.) 2131. Nowrojee, Binaifer, and Ralph, Regan (2000). “Justice for Women Victims of Genocide: Rwanda After the 1994 Genocide,” pp. 162–175. In Ifi
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Amadiume and Abdullahi An-Nalim (Eds.) The Politics of Memory: Truth, Healing, and Social Justice. New York: Zed Books. In their introduction, the authors note and then assert that Not until the international outcry arose in response to reports of mass rape in the former Yugoslavia did the international community seriously confront rape as a war crime and begin to take steps to punish those responsible for such abuses through the ad hoc UN International Criminal Tribunal for the Former Yugoslavia. Many hoped that the gains made in recognizing rape as a crime in the former Yugoslavia would be continued when a second ad hoc International Criminal Tribunal for Rwanda was created in 1994. However, until international pressure was exerted, little or no attention to the plight of Rwandan rape survivors was given by the international community. (p. 162)
Among the many issues the authors address are: the reality and frequency of rape committed during the course of violent conflict, the problem of silence and impunity in the face of rape, rape as a violation of international law, rape as a war crime, rape as a crime against humanity, rape as a crime of genocide, gender-based violence during the Rwandan genocide, extending justice to the Rwandan women at the International Criminal Tribunal for Rwanda, and the Akayesu Judgment. 2132. Nsereko, Daniel D. Ntanda (1996). “Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia,” pp. 293–241. In Roger S. Clark and Madeleine Sann (Eds.) The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, NJ: Transaction Publishers. This chapter is comprised of the following sections and subsections: Jurisdiction; Initiation of Proceedings (The Prosecutor, Investigation, Questioning of Suspects, Indictment and Pretrial Proceedings); Fair Trial; and Rules of Evidence (Admissible Evidence, Privileged Evidence, Evidence in Cases of Sexual Assault, Evidence of a Consistent Pattern of Conduct, and Mode of Taking Evidence). 2133. Petrovic, Drazen (1998). “The Post-Dayton Role of the International Criminal Tribunal for the Former Yugoslavia,” pp. 195–214. In Michael O’Flaherty and Gregory Gisvold (Eds.) Post-War Protection of Human Rights in Bosnia and Herzegovina. The Hague: Martinus Nijhoff Publishers. This essay, by a lawyer from Sarajevo, is comprised of the following sections: I. Legal Basis for the Creation of the Tribunal; II. Respect for the Tribunal; and III. Possible Roles of the Tribunal (The Tribunal Should Contribute to the Peace Efforts, The Tribunal’s Role is Preventive, The Tribunal’s Role is to Render Justice, and The Tribunal is a Step Towards the Creation of a Permanent International Tribunal).
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2134. Provost, René (2002). International Human Rights and Humanitarian Law. New York: Cambridge University Press. 418 pp. Provost, an associate professor at the Faculty of Law and Institute of Comparative Law at McGill University, examines how international human rights and humanitarian law protect vulnerable individuals in times of peace and of war. In doing so, he examines, in part, the establishment and efforts of the ICTY and the ICTR. 2135. Quintal, Anne L. (1998). “Rule 61: The ‘Voice of the Victims’ Screams Out for Justice.”Columbia Journal of Transnational Law, 36(3):723–759. Quintal, a J.D. candidate at Columbia University School of Law, traces the evolution of the Rule 61 procedure (which is a procedure that enables the International Criminal Tribunal of the Former Yugoslavia (ICTY) to issue an international arrest warrant against the accused who, though indicted, has remained at large, as well as to compile a public record of an alleged war criminal’s involvement in the atrocities without conducting a controversial trial in absentia). In doing so, she discusses the creation of the ICTY and the provisions that were enacted to place an obligation on the international community to bring the accused to justice. She also examines the operation of the Rule 61 proceeding and how the Rule 61 procedure was crafted as a compromise to avoid conducting trials in absentia when the ICTY is unable to bring the accused into custody. She also notes that “while the Rule 61 procedure represents a unique solution to the problem of the absent defendant, invoking the Rule transforms the Tribunal’s main function of acting as a justice-rendering institution into serving as a fact-finding body more akin to a truth commission. [She argues further, that the latter] “essentially creates a disincentive on the part of the international community to arrest suspected war criminals and bring them to trial” (p. 723). 2136. Radin, Max (1946). “Justice at Nuremberg.” Foreign Affairs, 24 (3):369– 384. Herein, the author examines the questions: “Has the International Military Tribunal [commonly referred to as the Nuremberg Trials], established by an agreement of four nations at London on August, 7, 1945, ‘jurisdiction’ over the 22 men [Nazi leaders] on trial before it?. . . . May the court without violating a real standard of justice—which is another way of saying a recognized standard of justice— exercise the physical power it so clearly possess?” (369–370). 2137. Rae, James (2003). “War Crimes Accountability: Reconciliation in Cambodia and East Timor?”Global Change, Peace & Security, June, 15(2):157– 178.
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In his synopsis to this piece, the author notes the following: “ . . . Efforts to establish accountability in Cambodia and East Timor through war crimes tribunals or truth commissions regarding the Khmer Rouge and Suharto’s Indonesia have been obstructed by domestic forces and outside powers. Since the domestic courts lack impartiality and resources, tribunals and truth commissions must be integrated in a comprehensive and international manner to administer justice and begin the process of reconciliation. Dilemmas of justice versus peace, and amnesty versus accountability, are subordinate to the role of great powers. Thus, individual criminal responsibility must apply to those directly responsible but also to the decision-makers of great power patrons such as China and the United States, which aided the Khmer Rouge and Indonesian military, respectively. Therefore, the time span of the conflict must be broadly defined to incorporate the harmful role of all actors” (p. 157). 2138. Rajagopal, Balakrishnan (1998). “The Pragmatics of Prosecuting the Khmer Rouge,” pp. 189–03. In T.M.C. Asser Instiuut (Ed.) Yearbook of International Humanitarian Law. Volume 1. The Hague: T.M.C. Asser Press. In his introduction, Balakrishnan, Crowe & Dunlevy Visiting Professor at the University of Oklahoma School of Law, writes that Revelations during the last year about the disintegration of the KR [Khmer Rouge] in Cambodia have given rise to much excitement about the possibility of prosecuting some of its leaders before an international criminal court. At the request of the Cambodian government, a three-member team of experts appointed by the [U.N.] Secretary-General was due to visit Cambodia in November 1998 to assess the factual evidence available in order to make a determination about the establishment of an international criminal tribunal to try the KR. This modus operandi is similar to that seen in the former Yugoslavia and Rwanda where teams of experts were appointed prior to the establishment of ad hoc tribunals by the Security Council. This Comment describes the events leading up to this and analyzes the options for prosecuting the KR. It will argue that, contrary to the attitude of some people in the U.S. administration and the human rights community, the likelihood of the establishment of an international tribunal, similar to the Rwandan or Former Yugoslavia ones, as well as of its success, are fairly low, and that the best approach for making the KR accountable is a “mixed” tribunal that has global characteristics while remaining primarily local in nature. (pp. 189–190)
2139. Roberts, Adam (2001). “Humanitarian Principles in International Politics in the 1990s,” pp. 23–54. In Humanitarian Studies Unit (Ed.) Reflections on Humanitarian Action: Principles, Ethics and Contradictions. Sterling, VA: Pluto Press.
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In this piece, Roberts, Montague Brown Professor of International Relations at the University of Oxford, discusses the changed role of International Humanitarian Law since 1989, explores the factors that have led to increased humanitarian intervention, and outlines six areas in which the emphasis on humanitarian issues has resulted in innovations (all involving the United Nations). One of the six areas is the establishment of international tribunals. 2140. Rudolph, Christopher (2001). “Constructing an Atrocities Regime: The Politics of War Crimes Tribunals.” International Organization, 55(2):655–691. In his introduction, Rudolph, visiting fellow at the Center for International Studies at the University of Southern California, notes that This analysis has two primary purposes—the first is constitutive (regime as dependent variable), the other is causal (regime as independent variable). I seek to identify and analyze the myriad political and procedural obstacles to establishing an effective atrocities regime by examining humanitarian norms, the strategic interests of powerful states, and bureaucratic factors. I also seek to determine how the emergent regime may or may not be effective in achieving its primary goal (individual conviction) as well as its secondary and perhaps more salient goal: to manage violent conflict and reduce the likelihood of future transgressions. I argue that although liberal humanitarian ideals have created the demand for political action, the process of dealing with brutality in war has been dominated by realpolitik—that is, furthering the strategic interests of the most powerful states. However, by understanding the political interests and procedural obstacles involved, the international community can make institutional adjustments in the design and implementation of an atrocities regime to bridge the gap between idealpolitik and realpolitik. (p. 656)
The article is comprised of the following sections and subsections: Ideas, Interests, and Institutions; The ICTY in Bosnia; Genocide in Rwanda; The ICTY in Kosovo; Justice in Southeast Asia? (Cambodia; Indonesia and East Timor); The International Criminal Court; Evaluating the Atrocities Regime (Formation; Application; Expanded Goals and Institutional Adjustments); and Conclusion. 2141. Sands, Philippe; Mackenzie, Ruth; and Shany, Yuval (Eds.) (1999). Manual on International Courts and Tribunals. London: Butterworths. 346 pp. Chapter 23 (“International Criminal Tribunal for the Former Yugoslavia”) and chapter 24 (“International Criminal Tribunal for Rwanda”) provide an overview of the institutional and procedural aspects of the ad hoc international criminal tribunals in the former Yugoslavia and Rwanda. 2142. Sassòli, Marco (2001). “The Legal Qualification of the Conflicts in the Former Yugoslavia: Double Standards or New Horizons for International Humanitarian Law?”, pp. 307–333. In Sienho Yee and Wang Tieya (Eds.)
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International Law in the Post-Cold War World: Essays in Memory of Li Haopei. New York: Routledge. In his introduction, Sassòli, professor of Public International Law at the University of Quebec in Montreal, notes that This Article first attempts to recall the difference between international and non-international armed conflicts in and for International Humanitarian Law. It will then remind the reader of the recent stages of the tragic history of the Balkans, i.e., the different conflicts in the former Yugoslavia. It will finally analyze, in its main part, the different arguments relevant for the qualification of the conflicts, how they were used by the U.N. Security Council and the ICTY, whether such arguments reveal double standards, and whether they applied the existing law or opened new horizons for International Humanitarian Law (p. 308).
2143. Schabas, William A. (2001). “The Jelisic Cases and the Mens Rea of the Crime of Genocide.” Leiden Journal of International Law, 14(1):125–139. The abstract to this article by a Professor of Human Rights Law at the National University of Ireland, Galway, reads as follows: The December 1999 judgment of the ICTY [International Criminal Tribunal for the Former Yugoslavia] in the Jelisic case is the first ruling on the merits from that court dealing with an indictment of genocide. The Trial Chamber concluded that the prosecutor had failed to prove that genocide was committed and that consequently the accused could not be convicted as an accomplice to the crime. It went on to examine whether despite the absence of genocide on any widespread or systematic basis it was still possible for an individual, driven by genocidal intent, to commit one of the underlying crimes such as killing or causing serious bodily or mental harm. The Trial Chamber considered this a plausible hypothesis but ruled that this did not correspond to the facts of the case. Since the Jelisic ruling, the Preparatory Commission of the International Criminal Court has attempted to eliminate the lone génocidaire scenario in the Elements of Crimes. While the law remains unsettled, awaiting clarification from the Appeals Chamber, a wise prosecutorial policy would be to reserve international genocide prosecutions for serious cases involving organized and widespread crimes. Exaggerated attention to individual and isolated cases is a questionable use of valuable resources and risks diluting some of the terrible stigma now attached to the “crime of crimes.” (p. 125)
This piece is comprised of the following parts: 1. Introduction; 2. Dolus Specialis, Special Intent, and Specific Intent; 3. Does Genocide Need a Plan?; and 4. Conclusion. 2144. Scharf, Michael (1997). Balkan Justice: The Story Behind the First International War Crimes Trial Since Nuremberg. Durham, NC: Carolina Academic Press. 337 pp.
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Co-author of the two-volume text entitled An Insider’s Guide to the International Tribunal for the Former Yugoslavia (a detailed legal analysis of the Statute and Rules of the Tribunal), Scharf focuses here on the politics, personalities, and strategies involved in creating the Tribunal and on the first case tried before it. The title of the chapters in the book are: 1. “From Nuremberg to Bosnia”; 2. “History of the Yugoslav Crisis”; 3. “Collecting the Facts”; 4. “Establishing the Tribunal”; 5. “Launching the Prosecution”; 6. “The First Defendant: The Tale of Dusko Tadic”; 7. “On Trial”; 8. “Eyewitnesses”; 9. “The Defense”; and 10 “Epilogue and Assessment.” 2145. Scharf, Michael P. (1998). “The Prosecutor v. Slavko Dokmanovic.” Leiden Journal of International Law, 11(2):369–382. In his introduction, Scharf, professor of Law and director of the Center for International Law and Policy at the New England School of Law, states that This case Note examines the validity of the distinction the Trial Chamber drew in the Dokmanovic case between abductions and luring in the context of apprehending indicted war criminals in the territory of the Former Yugoslavia. In addition, it explores the right of NATO and the United Nations forces to exercise law enforcement powers in the territory of Bosnia and Herzegovina, the FRY, and Croatia, under the various Security Council resolutions and international agreements applicable to the territory of the former Yugoslavia. Finally, it analyses the questions of whether the ICTY should apply the mala captus bene detention principle with respect to individuals whose apprehension is found to be in violation of international law. (p. 374)
2146. Scharf, Michael, and Epps, Valerie (1996). “The International Trial of the Century? A ‘Cross-Fire’ Exchange on the First Case Before the Yugoslavia War Crimes Tribunal.” Cornell International Law Journal, 29(3):635– 663. Herein, two experts of international criminal law address the following four questions: 1. “Was the creation of an international tribunal the best response to the atrocities in the former Yugoslavia?” 2. “What is your appraisal of the Statute and Rules of the Tribunal?”; 3. “What is your appraisal of the Tribunal’s first decisions on the pre-trial motions in the Tadic case”?; and 4. “What is your appraisal of the Tribunal’s chances for success?” 2147. Scharf, Michael P., and Schabas, William A. (2002). Slobodan Milosevic on Trial: A Companion. New York: Continuum. 178 pp. Succinct but highly informative, this book (by noted specialists in international law) is comprised of the following chapters: 1. “Introduction”; 2. “The Rise of Slobodan Milosevic”; 3. “Key Events Leading to the Milosevic Prosecution”; 4. “From Nuremberg to The Hague: The History of Interna-
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tional Prosecution”; 5. “The Crimes Charged: War Crimes, Genocide, and Crimes Against Humanity”; 6. “Dramatis Personae”; 7. “The Rules of the Road: Procedure Before the International Tribunal”; 8. “Real Justice or Realpolitik: Can Milosevic Get a Fair Trial?”; 9. “The Merits of the Case”; and 10. “The Outcome.” 2148. Scheffer, David (1998). “The United States’ Measures to Prevent Genocide.” Speech delivered on December 10, 1998, at the United State Holocaust Memorial Museum., Washington, D.C. 10 pp. (Available at http://www. ushmm.org/conscience/analysis/detail.php) Scheffer, the ambassador at large for war crimes at the United States Department of State, discusses, among numerous other issues, the work of both the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY), noting the number of genocidists who have been indicted, arrested, tried, as well as suspects that are still at large. 2149. Sellers, Patricia Viseur (1995). “Gender, The Genocide Convention and the Tribunal on the Former Yugoslavia.” The ISG [Institute for the Study of Genocide] Newsletter, Fall, 15:1–3. The author (legal adviser for gender related crimes, office of the prosecutor, International Criminal Tribunal for the former Yugoslavia/International Criminal Tribunal for Rwanda) discusses the place of gender crimes and genocidal rape under the UN Convention on Genocide, and offers insights into how the ad hoc criminal tribunals for the former Yugoslavia and Rwanda might deal with sexual assaults—that is, in deciding whether such assaults constitute genocide or not. 2150. Shany, Yuval (2003). The Competing Jurisdictions of International Courts and Tribunals. New York: Oxford University Press. 348 pp. This book is comprised of the following parts and chapters: Part I: Overlaps between the Jurisdictions of International Courts and Tribunals (1. “What Constitutes Competing Proceedings?”; 2. “Delineation of Jurisdictional Overlaps: Theory and Practice”); Part II: Legal and Policy Issues Concerning the Competition between the Jurisdictions of International Courts and Tribunals (3. “Jurisdictional Competition in View of the Systematic Nature of International Courts and Tribunals”; 4. “Jurisdiction-Regulating Norms Governing Competition Involving Domestic Courts: Should They Be Introduced into International Law”); and Part III: The Law Governing Competition between the Jurisdictions of International Courts and Tribunals: lex lata and lex ferenda (5. “Competition-Regulating Norms Found in Instruments Governing the Jurisdiction of International Courts and Tribunals”; 6.
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“Jurisdiction-regulating Norms, Derived from Sources Other than Treaties, as Applied by International Courts and Tribunals”; and 7. “Possibilities for Future Improvement”). 2151. Shestack, Jerome (1996). “A Review and Critique of the Statute of the International Tribunal,” pp. 197–210. In Yoram Dinstein and Mala Tabory (Eds.) War Crimes and International Law. The Hague: Martinus Nijhoff Publishers. In this essay, Shestack, who served on the American Bar Association’s Task Force on War Crimes in Former Yugoslavia, discusses the legal basis for the Tribunal (which was adopted by the United Nations Security Council on May 25, 1993, following a recommendation from the Secretary-General), and highlights portions of the statute in need of clarification and refinement. The essay is comprised of the following eleven sections: I. Legal Basis for Establishing the Tribunal; II. The Definition of Humanitarian Law and the Statute’s Catalogue of Crimes; III. The Secretary-General’s Definition of the Tribunal’s Subject-Matter Jurisdiction; IV. Structure of the Tribunal; V. Rules of Procedure and Evidence; VI. Cross Examination and the Protection of Victims and Witnesses; VII. The Defense of Superior Orders; VIII. Double Jeopardy: Prosecutorial Appeals; IX. Treatment of the Accused Pending Trial; X. Equal Treatment Concerning Enforcement of Sentences; and XI. Immunity. 2152. Simonovic, Ivan (1999). “The Role of the ICTY in the Development of International Criminal Adjudication.” Fordham International Law Journal, 23(2):440–459. This essay, by the Permanent Representative of the Republic of Croatia to the United Nations, is compromised of the following sections: I. The Establishment of the ICTY; II. ICTY as a Legal and Political Institution; III. The Role of ICTY in the Development of International Criminal Adjudication; and IV. ICTY: A Preliminary Evaluation. 2153. Sohn, Louis B. (1997). “From Nazi Germany and Japan to Yugoslavia and Rwanda: Similarities and Differences.” Connecticut Journal of International Law, 12(2):209–218. Sohn, Distinguished Research Professor and director of Research and Studies, International Rule of Law Institute, George Washington University Law School, and Bemir Professor of International Law, Emeritus, Harvard Law School, addressees the following vis-à-vis the first and latest tribunals: similarities of goals; key differences (especially in regard to the positions of those
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who were and are now being tried); the difference in available evidence; crimes against peace; and the key differences between the tribunals. 2154. Stimson, Henry L. (1947). “The Nuremberg Trial: Landmark in Law.” Foreign Affairs: An American Quarterly Review, 25(2):179–180. In his introduction, former U.S. Secretary of War, Stimson, asserts that In the confusion and disquiet of the war’s [WW II] aftermath, there has been at least one great event from which we may properly take hope. The surviving leaders of the Nazi conspiracy against mankind have been indicted, tried, and judged in a proceeding whose magnitude and quality make it a landmark in the history of international law. The great undertaking at Nuremberg can live and grow in meaning, however, only if its principles are rightly understood and accepted. It is therefore disturbing to find that its work is criticized and even challenged as lawless by many who should know better. . . . The function of the law here, as everywhere, has been to insure fair judgment. By preventing abuse and minimizing error, proceedings under law give dignity and method to the ordinary conscience of mankind. For this purpose, the law demands three things: that the defendant be charged with a punishable crime; that he have full opportunity for defense; and that he be judged fairly on the evidence by a proper judicial authority. Should it fail to meet any one of these three requests, a trial would not be justice. Against these standards, therefore the judgment of Nuremberg must itself be judged. (pp. 179, 180)
The article is comprised of the following sections: 1. Punishable Crimes; II. Fair Trial; III. Fair Judgment; and IV. The Meaning of Nuremberg. 2155. Stromseth, Jane (Ed.) (2003). Accountability for Atrocities: National and International Responses. Ardsley, NY: Transnational Publishers. 350 pp. The authors of the essays in this book examine some of the many critical challenges the international community faces as it attempts to bring alleged perpetrators to trial for genocide, crimes against humanity, and war crimes. They focus in particular on the relationship between national and international accountability mechanisms in pursuing such a goal between 1993 and 2003. The essays provide an in-depth look at the goals and mechanisms of accountability in a variety of cases, including but not limited to the former Yugoslavia, Rwanda, Cambodia, Argentina, East Timor and Indonesia. One chapter also examines the International Criminal Court’s complementarity principle and its consequences. 2156. Sunga, Lyal S. (1995). “The Commission of Experts on Rwanda and the Creation of the International Criminal Tribunal for Rwanda—A Note.” Human Rights Law Journal, 16(1–3):121–124. This Note, by a lecturer in International Law at Carleton University and a
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Human Rights Officer with the U.N. Centre for Human Rights in Geneva, is comprised of six parts: 1. Background; 2. Mandate and Organization of the Commission; 3. The Commission’s Preliminary Report; 4. Action by the Security Council Pursuant to the Commission’s Preliminary Report; 5. The Commission’s Final Report; and 6. Epilogue. 2157. Thakur, Ramesh, and Malcontent, Peter (Eds.) (2004). From Sovereign Impunity to International Accountability: The Search for Justice in a World of States. Tokyo: United Nations University Press. 360 pp. From Sovereign Impunity to International Accountability explores the progress, scope, and controversies of holding political leaders accountable for international crimes. In doing so, the contributors confront the latter and other challenges by exploring the changing political and human rights context that gave rise to the international norm of individual criminal accountability. The book is comprised of the following: “Foreword—The Role of Law and Justice in Governance: Regional and Global”; “Preface—Justice and Accountability: Local or International?”; “Introduction—Human Rights and Peace: Two Sides of the Same Coin”; Part I: The Historical and Political Background of International Criminal Accountability (“From Impunity to Accountability: Forces of Transformation and the Changing International Human Rights Context”; “From the Nuremberg Charter to the Rome Statute: A Historical Analysis of the Limits of International Criminal Accountability”; “International Criminal Justice and the United States: Law, Culture, Power”; “Violations of Human Rights and Humanitarian Law and Threats to International Peace and Security”); Part II: The Functioning of Ad Hoc Tribunals and the ICC (“The Individual Within International Law”; “Genderrelated Crimes: A Feminist Perspective”; “International Criminal Courts and the Admissibility of Evidence”; “Balancing the Rights of the Accused with the Imperatives of Accountability”; “We the People: The Position of NGOs in Gathering Evidence and Giving Witness at International Criminal Trials”; “Democracy, Global Governance and the International Criminal Court”); and Part III: Effectiveness and Limitations (“Reconciling Fractured Societies: An African Perspective on the Role of Judicial Prosecutions”; “The Complexity of International Criminal Law: Looking Beyond Individual Responsibility to the Responsibility of Organizations, Corporations and States”; “The International Criminal Court: Obstacle or Contribution to an Effective System of Human Rights Protection?”; and “Dealing with Guilt Beyond Crime: The Strained Quality of Universal Justice”). 2158. United Nations (1993). “United Nations: Security Council Resolution on Establishing an International Tribunal for the Prosecution of Persons Re-
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sponsible for Serious Violations of International Law (sic) Humanitarian Law Committed in the Territory of the Former Yugoslavia.” International Legal Materials, 32:1203–1205. This is the text of the UN Security Resolution to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY). In part, it reads: Expressing once again its grave alarm of continuing reports of widespread and flagrant violations of international humanitarian law occurring within the territory of the former Yugoslavia, and especially in the Republic of Bosnia and Herzegovina, including reports of mass killings, massive, organized and systematic detention and rape of women, and the continuance of the practice of “ethnic cleansing,” . . . acting under Chapter VII of the Charter of the United Nations, [the U.N. Security Council] . . . decides hereby to establish an international tribunal for the sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia between 1 January 1991 and a date to be determined by the Security Council . . . (p. 1204)
2159. United Nations Security Council (1993). “The Establishment of the International Tribunal to Prosecute Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991.” Human Rights Law Journal, 14(1- 2):197–214. This document includes the wording of Resolution 808, Resolution 827, the Report of the Secretary-General Pursuant to Paragraph 2 of the Security Council Resolution 808, and a copy of the Statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY). 2160. United Nations Security Council (1995). “Resolution 955/Establishment of the International Criminal Tribunal for Rwanda.” Human Rights Law Journal, 16 (1–3):124–128. This document includes the wording of Resolution 955 (1994) on Rwanda and the Statute of the International Criminal Tribunal for Rwanda (ICTR). 2161. United States Institute of Peace (1997). Dayton Implementation: The Apprehension and Prosecution of Indicted War Criminals. Washington, D.C.: Author. 7 pp. This report is comprised of the following sections: “Introduction”; “The International Community and Its Performance in Bosnia” (The International War Crimes Tribunal for Yugoslavia, The Role of NATO, The Leadership of the United States); “The Situation in the Federation and the Republic of Srpska” (Citizens and Leaders); “Judicial Systems”; and “Conclusions.” Among the key points in the report are:
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• There was clear consensus by the group that war criminals in the former Yugoslavia must be brought to justice if the Dayton Accords are to succeed. However, participants cautioned that the apprehension of war criminals is only the first phase of a judicial process that must be fair and effective if social reconciliation is to occur for Bosnia-Herzegovina. • The recent move to arrest indictees in Prijedor is a good beginning, but indicted political leaders must also be targets of such actions. Arrests also must not be limited to indictees from any one ethnic group. • Assessments of the ICTY indicate that it suffers from start-up problems and a lack of international support. As the Tribunal is important not only for Dayton implementation, but for upholding the body of international law governing genocide, it must be supported and made more robust. • The working group did not consider the military at fault for the North Atlantic Treaty Organization’s (NATO’s) failure to arrest indicted war criminals. [But] participants felt that political leaders of NATO member states have . . . underestimated the degree to which not apprehending those indicted obstructs implementation of all other aspects of the peace process. • In order to ensure that the citizens of Bosnia-Herzegovina understand that the arrest and prosecution of war criminals is a matter of justice and not retribution . . . the international community must, among other things, encourage greater participation by citizens in the judicial process, acknowledge victims on all sides of the war, support and strengthen impartial indigenous judicial institutions, and work to create one national truth regarding the war. • Participants felt that the war crimes issue not only was important to the success of Dayton, but had larger implications for the standing of international law and U.S. leadership in the world (pp. 1–2). 2162. Unwin, Peter, and Mironko, Charles (2003). “Western and Local Approaches to Justice in Rwanda.” Global Governance, 9(2): 219–231. In this piece, the authors describe and succinctly discuss the three types of efforts under way to deal with the suspected perpetrators of the 1994 genocide in Rwanda (e.g., the International Criminal Tribunal for Rwanda (ICTR); the formal domestic justice system in Rwanda; and gacaca, a community-based conflict resolution mechanism). 2163. van der Vyver, Johan D. (1999). “Prosecution and Punishment of the Crime of Genocide.” Fordham International Law Journal, 23(2):286–356. van der Vyver, I.T. The introduction to this piece states that Part I of this Article scrutinizes the current definition of genocide in view of its theoretical circumscription in the Genocide Convention and with special
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reference to the judgment of the International Criminal Tribunal for Rwanda in Prosecutor v. Akayesu. Part II considers the validity and the application of universal jurisdiction to the crime of genocide, and the consequent duty of states to bring perpetrators of genocide to justice. Part III focuses on the jurisdiction ratione materia of the ICC regarding the crime of genocide. Part IV will pay special attention to the prosecution of genocide in the United States. (p. 288)
2164. Weller, Marc (2001). “The Kosovo Indictment of the International Criminal Tribunal for Yugoslavia,” pp. 207–222. In Ken Booth (Ed.) The Kosovo Tragedy: The Human Rights Dimension. London: Frank Cass Publishers. Weller, assistant director of Studies at the Centre of International Studies at the University of Cambridge, discusses how, on May 24, 1999, the International Criminal Tribunal for the former Yugoslavia (ICTY) made history when it issued the Kosovo indictment. In part, he also argues that the initial establishment of the Tribunal “added a remarkable piece to the puzzle of an emerging international constitutional order. The decision to establish the Tribunal in the first place had already significantly challenged three structural principles of the classical international legal order: • The decision privileged international community interest over the sovereign “rights” of the state actors involved in the conflict; • The decision created a supranational institution with objective powers without state consent; and • The decision established a supranational institution with truly independent decision-making authority, ensuring to an extent the primacy of law over considerations of policy (p. 207). The sections of the essay are entitled as follows: The International Tribunal and the Kosovo Indictment (The Establishment of the Indictment, Substance of the Indictment, Consideration of Process, The Strategic Impact of the Indictment, Community Interest vs. Sovereign Rights Consent); Genuine Supranational Powers: The Primacy of Law Over Politics; and Conclusion—The Action of the Tribunal in the Context of the Wider Development of International Criminal Jurisdiction. 2165. Wilkins, Burleigh T. (2001). “Whose Trials? Whose Reconciliation?”, pp. 85–96. In Aleksandar Jokic (Ed.) War Crimes and Collective Wrongdoing: A Reader. Malden, MA: Blackwell Publishers Inc. Wilkins, professor of Philosophy at the University of California, Santa Barbara, discusses why he is highly critical of trials conducted by ad hoc tribunals. In doing so, he, in part, discusses the focus and limitations of the ICTY and the ICTR.
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2166. Wippman, David (1999). “Atrocities, Deterrence, and the Limits of International Justice.” Fordham International Law Journal, 23(2):473–488. In his introduction, Wippman, professor of Law at the Cornell Law School, asserts that “Unfortunately, the connection between international prosecutions and the actual deterrence of future atrocities is at best a plausible but largely untested assumption” (p. 474). The essay is comprised of the following sections: I. The Problems of Specific Deterrence; II. Enhancing Specific Deterrence Through Increased Prosecutions; and III. Prosecutions as a Contribution to General Deterrence. 2167. Woetzel, Robert K. (1962). The Nuremberg Trials in International Law with a Postlude on the Eichmann Case. New York: Frederick A. Praeger, Inc. 317 pp. This book is comprised of the following ten chapters: 1. “The Trial of the Major Criminals”; 2. “Historical Percusors of the Nuremberg Trial”; 3. “The Legal Character of the IMT” [International Military Tribunal]; 4. “The Legal Basis of the IMT”; 5. “The Criminal Responsibility of the Individual Under International Law”; 6. “Crimes Against Peace”; 7. “War Crimes Against Humanity”; 8. “Criminal Organizations”; 9. “The Nuremberg Trial and Subsequent Developments in International Law”; and 10. “Postlude on the Eichmann Case.” It also includes an appendix entitled “Charter of the International Military Tribunal at Nuremberg.”
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18 International Criminal Court (ICC)
2168. The American Society of International Law (1999). “Developments in International Criminal Law.” American Journal of International Law, 93(1) The articles included in this section that address the ICC are: “The Rome Conference on an International Criminal Court: The Negotiating Process” by Philippe Kirsch and John T. Holmes; “The United States and the International Criminal Court” by David J. Scheffer; “The Rome Statute of the International Criminal Court” by Mahnoush H. Arsanjani; and “Defining ‘Crimes Against Humanity’ at the Rome Conference” by Darryl Robinson. (Editor’s Note: The ICC officially came into existence in July 2002 following the sixtieth ratification of the Rome Statute, heralding what many hope will be a new era for the effective prosecution and punishment of serious violations of international humanitarian law. ) 2169. Arsanjani, Mahnoush H. (1999). “The Rome Statute of the International Criminal Court.” American Journal of International Law, 93(1):22–43. Arsanjani, senior legal officer with the office of legal affairs at the United Nations and Secretary of the Committee of the Whole of the Rome Conference, provides an overview of the Rome Statute of the International Criminal Court (ICC). Herein, he addresses: I. The Negotiating Process; II. The Structure of the Statute; III. Jurisdiction; IV. Crimes; V. General Principles of Criminal Law; VI. Organization of the Court; VII. Investigation, Prosecution and Trial; VIII. Judicial Assistance; IX. Other Matters; and X. The Next Step. 1053
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2170. Ballard, Lara (1997). “The Recognition and Enforcement of International Criminal Court Judgments in U.S. Courts.” Columbia Human Rights Law Review, 29(1):143–219. In this article, Ballard, a J.D. candidate at Columbia University School of Law, writes that This article contends that, in order to maximize the likelihood that U.S. courts will actually honor ICC judgments, the ICC Statute should be adjusted in several ways. First, the Statute should draw a sharp distinction between the “core crimes” of genocide, crimes against humanity, and serious war crimes; and “non-core crimes,” such as aggression, drug-trafficking, terrorism, and any other “treaty-based crimes” that some states may want to include. Second, the Statute should be amended to allow any individual or entity to file a complaint with the ICC charging either type of crime. Where the complaint concerns a “non-core crime” that implicates a state’s interests, however, that state must have an opportunity to consent to ICC jurisdiction prior to each trial. In other words, the state consent provisions in the draft version of the Statute should be retained, so that the consent of all “interested states” is required for the ICC to: (1) initiate and conduct investigations within states’ territories; (2) assert jurisdiction over individual cases; or (3) order the transfer of fugitives, witnesses, and/or evidence to the ICC. . . . Finally, the consent of the U.S. government should be required prior to any incarceration of an ICC convict in U.S. territory, so that the United States can, in turn, solicit a waiver from the convict of his right to habeas corpus review of his detention. This will require an adjustment in the wording of the Statute’s provisions dealing with enforcement of sentences, but it will facilitate the enforcement of sentences and allow the United States and other signatory states to exercise some form of scrutiny over the ICC’s standards of due process. (pp. 146–147)
2171. Bassiouni, M. Cherif (1999). “Establishment of the International [Criminal] Court,” p. 363. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. Bassiouni, professor of Law and President of the International Human Rights Law Institute at DePaul University, provides a succinct overview of the history and establishment of the International Criminal Court (ICC). 2172. Bassiouni, M. Cherif (1997). “From Versailles to Rwanda in Seventy-Five Years: The Need to Establish a Permanent International Criminal Court.” Harvard Human Rights Journal, 10:11–62. In his introduction, Bassiouni, writes, in part, that The history and record of international criminal investigation and adjudication bodies, from the Treaty of Versailles to the International Criminal Court for Rwanda, clearly demonstrate the need to establish a permanent international criminal court. In the absence of such a court, not only have many atrocities gone unpunished, but everyone of the ad hoc tribunals and investigations that
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has been created has suffered from the competing interests of politics or the influence of a changed geopolitical situation. As the history of the United Nations’ efforts to establish a permanent international criminal court and a code of crimes evince, this task is controversial and complex. Nevertheless, the lessons of the past seventy-five years dictate its fundamental importance. . . . If the lessons of the past are to instruct the course of the future, then the creation of a permanent system of international criminal justice with a continuous institutional memory is imperative. But such a system must be independent, fair and effective, in order to avoid the pitfalls experienced in the past. Above all, it must be safeguarded from the vagaries of realpolitik. Compromise is the art of politics, not of justice. (pp. 11, 12–13)
This essay is comprised of the following parts and sections: Introduction; I. Ad Hoc International Investigative Commissions and International Criminal Tribunals Since 1919 (A. The 1919 Commission of the Responsibilities of the Authors of War and on Enforcement of Penalties; B. The Allies’ Failure to Establish Prosecutions Pursuant to the Treaty of Versailles; C. The Leipzig Trials; D. The 1943 United Nations War Crimes Commission; E. The International Military Tribunal of Nuremberg; F. Control Council Law No. 10; G. The Instrument of Surrender to Italy; H. The Far Eastern Commission and the International Military Tribunal for the Far East at Tokyo; I. Politics of Defendant Selection in the Far East; J. Comparison of the Legal Bases for Setting Up the IMT, IMTFE, and CCCL 10 and Far East Allied Military Prosecution; K. The Years of Silence: 1955–1992; L. The Commission of Experts Established Pursuant to Security Council Resolution 780 (1992); M. The International Criminal Tribunal for the Former Yugoslavia; N. The Rwanda Commission of Experts; O. The International Criminal Tribunal for Rwanda (ICTR)); II. The United Nations’ Efforts to Establish an International Criminal Court and to Codify Certain International Crimes; and Conclusion: The Need for a Permanent System of International Criminal Justice. 2173. Bassiouni, M. Cherif (1999). “Negotiating the Treaty of Rome on the Establishment of an International Criminal Court.” Cornell International Law Journal, 32(3):443–469. Herein, Bassiouni, professor Law and president of the International Human Rights Law Institute at DePaul University College of Law, and Chairman of the Drafting Committee of the Rome Diplomatic Conference, discusses, as the title of this piece states, the negotiation of the Treaty of Rome in regard to the establishment of the International Criminal Court (ICC). The essay is comprised of the following sections: I. Preparing the Draft Statute; II. Preparing for the Conference; III. The Rome Conference; IV. The Flow of Texts to the Drafting Committee; V. The Negotiating Process; VI. The Final Stage; VII. Legal Methods and Techniques; and Conclusion.
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2174. Beigbeder, Yves (1999). Judging War Criminals: The Politics of International Justice. New York: St. Martin’s Press. 230 pp. Chapter 10 in this book is entitled “The Slow Birth of an International Criminal Court.” Therein, Beigbeder discusses the genesis and evolution of the concept of an international criminal court. In doing so, he discusses such issues as the development, focus, and status of the 1994 Draft Statute for an International Criminal Court (ICC); key issues that were raised regarding the establishment of such a court (e.g., the court’s jurisdiction, the role of the prosecution, the financing of the court); the 1998 UN Diplomatic Conference in Rome where it was finally decided to establish a permanent International Criminal Court, and how the ICC will function. 2175. Berg, Bradley (1996). “The 1994 I.L.C. Draft Statute for an International Criminal Court: A Principled Appraisal of Jurisdictional Structure.” Case Western Reserve Journal of International Law, 28(2):221–263. Berg, a Canadian attorney, provides a brief overview of the evolution and jurisdictional structure of 1994 International Law Commission (I. L. C.) Draft Statute and then critiques “the Draft Statute according to four principles and two objectives which underlie international criminal law. The principles are: (1) criminal responsibility; (2) non-retroactivity; (3) judicial independence; and (4) the guarantee against double jeopardy. The objectives are deterrence and legitimacy” (p. 221). At various points, Berg also compares the Draft Statute with six earlier proposals for the establishment of a permanent international criminal court: the Sottile Proposal (1951); the United Nations Draft Statute (1953); the International Law Association (I. L. A.) Proposal (1982); the Bassiouni Proposal (1987); and the American Bar Association Proposal (1991). Furthermore, he compares the 1994 Draft Statute with the jurisdictional structures of the four ad hoc tribunals convened in the twentieth century: the International Military Tribunal at Nuremberg, the International Military Tribunal for the Far East, the International Criminal Tribunal for the former Yugoslavia, and the International Tribunal for Rwanda. At the outset of the article, Berg states that “the analysis that follows will reveal that, while generally sound and a marked improvement over previous models, the 1994 I. L. C. Draft Statute is deficient in four important respects, all of which can be cured by amendments to the Statute” (p. 223). In his conclusion, he strongly recommends that the I. L. C. take the following actions to amend and strengthen the Draft Statute: 1. Amend Article 42 to expressly prohibit the trial of any person by the Court who has already been tried by the Court in respect of the same act or acts;
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2. Remove Article 42(2)(a), thereby eliminating the “ordinary crime exception” to the guarantee of non bis in idem; 3. Amend Article 48(1) to restrict the right of the Prosecutor to appeal a decision of acquittal on the ground of error of law alone; and 4. Amend Article 53 to expressly prohibit States parties from referring a transfer request from the Registrar on the basis of the “political offense exception” (p. 264). 2176. Broms, Bengt (1996). “The Establishment of an International Criminal Court,” pp. 183-196. In Yoram Dinstein and Mala Tabory (Eds.) War Crimes in International Law. The Hague: Martinus Nijhoff Publishers. Broms, professor of International and Constitutional Law in Helsinki, provides a short but instructive history of the origin and evolution of the establishment of the International Criminal Court, as well as a fairly detailed discussion of the draft statute for an international criminal court. 2177. Broomhall, Bruce (2003). International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law. New York: Oxford University Press. 215 pp. In this book, Broomhall, lecturer in Public International Law at Central University in Budapest, Hungary, where he is also the senior legal officer of international justice with the Open Society Justice Initiative, reviews the rapid recent development of international law. In doing so, he examines the purpose and procedures of the International Criminal Court (ICC) and the stance of the United States towards the ICC, seeking to clarify how justice can best be served in a system of sovereign States. The book is comprised of the following parts and chapters: Part I: International Criminal Law (1. “Scope”; 2. “From National to International Responsibility”; 3. “The Rule of Law and International Accountability”); Part II: Practice (4. “The International Criminal Court”; 5. “National Proceedings”; 6. “Universal Jurisdiction”; 7. “Immunity”; 8. “ICC Enforcement: Cooperation of States, Including the Security Council”; 9. “Cornerstone or Stumbling Block? The United States and the ICC”); and Part III. “Conclusion: Systemic Change and International Justice.” 2178. Brown, Chris (2002). Sovereignty, Rights and Justice: International Political Theory Today. Malden, MA: Blackwell Publishers. 276 pp. Chapter 11, “Post-Westphalian International Political Theory,” presents a thought-provoking overview of the potential value of the ICC, and how trials will be handled once cases arise that need to be tried at the court. Brown also discusses the United States’ opposition to the ICC, and, in part, states that “The more interesting opposition to the ICC in the US comes from the
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so-called ‘new sovereigntists’—a group of international lawyers who reject the whole trend of post-1945 legal developments” (p. 221). 2179. Brown, Daniel J. (1999). “The International Criminal Court and Trial In Absentia.” Brooklyn Journal of International Law, XXIV(3)L763–796. In this “Note ,” the author discusses the issue of “trial in absentia, which the ICC Draft Statute Article 37 permits under certain circumstances, and how this conflicts with existing U.S. law” (p. 764). He goes on to say that It is my position that U.S. opposition to trial in absentia should not stand in the way of U.S. membership in the ICC. First, U.S. opposition to trial in absentia is not absolute. Second, the importance of the policy objectives advanced by the ICC, which are shared by the United States, outweigh U.S. opposition to the objectionable ICC provision for trial in absentia. Finally, the vast procedural guarantees the ICC provides for defendants demonstrates that the Court will not be a sham, and is worthy of U.S. support. (pp. 764–765)
2180. Campanaro, Jocelyn (2001). “Women, War, and International Law: The Historical Treatment of Gender-Based War Crimes.” The Georgetown Law Journal, 89(8):2557–2592. In this “Note,” Campanaro, a J.D. candidate at Georgetown University Law Center, examines how gender-based war crimes (e.g., sexual assaults against women) have been treated historically in war-crimes tribunals from World War II through the international criminal tribunals for the former Yugoslavia and Rwanda in the 1990s. In the last part of the piece, she addresses the Rome Statute of the International Criminal Court and assesses “its progress, limitations and implications for creating greater recognition of gender-based crimes and the increased possibilities for future prosecution of sexual violence” (p. 2559). 2181. Cassel, Douglass (1999). “The ICC’s New Legal Landscape: The Need to Expand U.S. Domestic Jurisdiction to Prosecute Genocide, War Crimes, and Crimes Against Humanity.” Fordham International Law Journal, 23(2):378–397. Herein, Cassel, director of the Center for International Human Rights at Northwestern University School of Law, raises two questions (“Should the existing, incomplete jurisdiction of U.S. courts over crimes within the ICC Statute be expanded to ensure that such crimes may also be prosecuted in U.S. courts, under universal jurisdiction or other bases allowed by international law?”; and “Should the existing, incomplete codification in the United States of crimes within the ICC Statute likewise be expanded to ensure that they are also crimes under our national law?”), and argues in his essay that the answer to both questions should be “Yes.”
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In his introduction, Cassel asserts that Regardless of whether the United States ultimately joins the ICC, U.S. courts should have the jurisdiction and codification necessary to prosecute the crimes within the ICC Statute. ICC jurisdiction is merely “complementary to national criminal jurisdictions,” regardless of whether the nations involved are parties to the ICC. U.S. courts will need jurisdiction co-extensive with that of the ICC, in order for the United States to be assured that it can exercise its right, even as a non-party, to take pre-emptive jurisdiction under the ICC Statute. In addition, whether or not we join the ICC, U.S. courts need jurisdiction and laws to ensure that those who commit genocide, crimes against humanity, and serious war crimes, can be prosecuted in the United States, in the event the ICC cannot or does not take jurisdiction. The imminence of the ICC thus provides both occasion and stimulus to expand U.S. jurisdictional and criminal laws to cover those crimes within the ICC’s initial mandate. (p. 380)
The article is comprised of the following sections and subsections: I. Adjudicatory Jurisdiction Under International Law; II. Jurisdiction of U.S. Courts to Prosecute ICC Crimes; III. The Need to Close the Gap (A. Preempting ICC Jurisdiction Over U.S. Nationals; B. Protecting Other U.S. Interests; C. Fighting Impunity; IV. Legislative Options (A. Genocide; B. War Crimes; C. Crimes Against Humanity; D. Responsibility of Civilian Superiors); and Conclusion. 2182. Cassese, Antonio; Gaeta, Paola; and Jones, John R. W. D. (Eds.) (2002). The Rome Statute of the International Criminal Court–A Commentary. New York: Oxford University Press. 2,355 pp. This massive and significant volume is edited by Antonio Cassese (professor of International Law, Florence University, former president of the International Criminal Tribunal for the former Yugoslavia and former presiding judge of Trial Chamber II, member of the Institut de droit international); Paola Gaeta (associate professor of International Law, Florence University); and John R. W. D. Jones (barrister at Charter Chambers, London). This thematic two volume commentary analyses not only the Rome Statute but the whole of international criminal law as it has been built up since the Nuremberg Trials. A third volume contains the Texts of the Statute, the Rules of Procedure and Evidence, and Elements of Crimes. A reviewer in European Journal of International Law claimed that “The book is impressive in every respect . . . the list of contributors reads like a ‘Who’s Who’ of International Criminal Law.” A reviewer in Legal Studies asserted that “ . . . the scholarly and practical importance of a work such as this . . . cannot be underestimated. It will surely withstand the tests of time
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and be used as an indispensable standard reference work on the interpretation of the Statute.” And a reviewer in Law Quarterly Review stated that “The thoroughness with which this project has been undertaken and the eminence of the contributors should ensure that this book will become a bible to a broad spectrum of academics and practitioners with an interest in this field.” This “Commentary” is comprised of the following three volumes and components: Volume 1 1. The Path to Rome 1.1 Antonio Cassese: From Nuremberg to Rome: From Ad Hoc International Criminal Tribunals to the International Criminal Court 2. The Drafting History and Further Developments 2.1 James Crawford: The Work of the International Law Commission 2.2 Adriaan Bos: From the International Law Commission to the Rome Conference (1994 - 1998) 2.3 Philippe Kirsch, QC and Darryl Robinson: Reaching Agreement at the Rome Conference 2.4 Philippe Kirsch, QC, and Valerie Oosterveld: The Post-Rome Conference Preparatory Commission 2.5 William R. Pace and Jennifer Schense: The Role of Non-Governmental Organizations 3. Alain Pellet: Entry into Force and Amendment of the Statute 4. Structure of the ICC4 4.1 Adriaan Bos: Seat of the Court 4.2 Francesca Martines: Legal Status and Powers of the Court 4.3 Luigi Condorelli and Santiago Villalpando: Relationship of the Court with the United Nations 4.4 John R. W. D. Jones: Composition of the Court 5. John R. W. D. Jones: The Office of the Prosecutor 6. John R. W. D. Jones: The Registry and Staff 7. John R. W. D. Jones: Duties of Officials 8. Herve Ascensio: Privileges and Immunities 9. Adriaan Bos: Assembly of States Parties 10. Mahnoush Arsanjani: Financing 3. Jurisdiction 11. Jurisdiction ratione materiae (Subject-Matter Jurisdiction) 11.1 Antonio Cassese: Genocide 11.2 Antonio Cassese: Crimes Against Humanity 11.3 Michael Bothe: War Crimes
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11.4 Giorgio Gaja: The Long Journey Towards Repressing Aggression 11.5 Mauro Politi: Elements of the Crimes 11.6 Susanne Walther: Cumulation of Offences 11.7 Patrick Robinson: The Missing Crimes 12 Micaela Frulli: Jurisdiction ratione personae 13 Stephane Bourgon: Jurisdiction ratione temporis 14 Stephane Bourgon: Jurisdiction ratione loci 15 Santiago Villalpando and Luigi Condorelli: Can the Security Council Extend the ICC’s Jurisdiction? 16 Hans-Peter Kaul: Preconditions to the Exercise of Jurisdiction 17 “Trigger Mechanisms” 17.1 Philippe Kirsch QC and Darryl Robinson: Referral by State Parties 17.2 Luigi Condorelli and Santiago Villalpando: Referral and Deferral by the Security Council 17.3 Philippe Kirsch and Darryl Robinson: Initiation of Proceedings by the Prosecutor 18 Issues of Admissibility and Jurisdiction 18.1 John T. Holmes: Complementarity: National Courts versus the ICC 18.2 Michael Bohlander: Possible Conflicts of Jurisdiction with Ad Hoc International Tribunals 18.3 John Dugard: Possible Conflicts of Jurisdiction with Truth Commissions 18.4 Christine van den Wyngaert and Tom Ongena: Ne bis in idem Principle, including the Issue of Amnesty 4. General Principles of International Criminal Law 19 Susan Lamb: Nullum crimen, nulla poena sine lege in International Criminal Law 20 Albin Eser: Individual Criminal Responsibility 21 Kai Ambos: Superior Responsibility 22 Christine van den Wyngaert and John Dugard: Non-applicability of Statute of Limitations 23 Albin Eser: Mental Elements—Mistakes of Fact and Law 24 Defences 24.1 Antonio Cassese: Justifications and Excuses in International Criminal Law 24.2 Andreas Zimmerman: Superior Orders 24.3 Paola Gaeta: Official Capacity and Immunities 24.4 Kai Ambos: Other Grounds for Excluding Criminal Responsibility Volume II 5. The Statute and General International Law 25 Alain Pellet: Applicable Law
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26 Pierre Marie Dupuy: International Criminal Responsibility of the Individual and International Responsibility of the State 27 Mohamed Bennouna: The Statute’s Rules on Crimes and Existing or Developing International Law 6. International Criminal Proceedings 28 Fabricio Guariglia: The Rules of Procedure and Evidence—An Overview 29 Investigation 29.1 Giuliano Turone: Powers and Duties of the Prosecutor 29.2 Salvatore Zappala: Rights of Persons During an Investigation 30 Pre-Trial Proceedings 30.1 Olivier Fourmy: Powers of the Pre-Trial Chambers 30.2 Michele Marchesiello: Proceedings Before the Pre-Trial Chamber 30.3 Bert Swart: Arrest Proceedings in the Custodial State 31 Trial Proceedings 31.1 Frank Terrier: Powers of the Trial Chamber 31.2 Frank Terrier: Proceedings before the Trial Chamber 31.3 Salvatore Zappala: The Rights of the Accused 31.4 John R. W. D. Jones: Protection of Victims and Witnesses 31.5 Peter Malanczuk: Protection of National Security Interests 32 Claude Jorda and Jerome de Hemptinne: The Status and Role of the Victim 33 Steven Kay QC and Bert Swart: The Role of the Defence 34 Alphons Orie: Accusatorial versus Inquisitorial Approach in International Criminal Proceedings 35 William A. Schabas: Penalties 36 Robert Roth and Marc Henzelin: The Appeal Procedure of the ICC 37 Anne-Marie La Rosa: Revision Procedure under the ICC Statute 38 Salvatore Zappala: Compensation to an Arrested or Convicted Person 7. International Cooperation and Judicial Assistance 39 Bert Swart: General Problems 40 Annalisa Ciampi: The Obligation to Cooperate 41 Bert Swart: Arrest and Surrender 42 Annalisa Ciampi: Other Forms of Cooperation 8. Enforcement 43 Claus Kress and Goran Sluiter: Preliminary Remarks 44 Claus Kress and Goran Sluiter: Imprisonment 45 Claus Kress and Goran Sluiter: Fines and Forfeiture Orders
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9. Application and Impact of the Rome Statute 46 Alain Pellet: Settlement of Disputes 47 Darryl Robinson: The Rome Statute and its Impact on National Law 48 Gennady M. Danilenko: ICC Statute and Third States 10. Final Analysis and Suggestions 49 The Board of Editors: The Rome Statute: A Tentative Assessment 50 Mireille Delmas-Marty: The ICC and the Interaction of International and National Legal Systems 51 Robert Badinter: International Criminal Justice: From Dusk to Dawn III. Materials Volume: The Text of the Rome Statute of the International Criminal Court Rules of Procedure and Evidence Elements of the Crimes 2183. Cavicchia, Joel (1992). “The Prospects for an International Criminal Court in the 1990s.” Dickinson Journal of International Law, 10(2):223–261. This piece presents a historical overview of past efforts to establish an International Criminal Court (ICC), delineates arguments for and against the creation of such a court, discusses the international criminal court in relation to the issue of state sovereignty, and outlines the basic organization of such a court. 2184. Cornell International Law Journal (1999). Special issue (“Symposium: The International Criminal Court: Consensus and Debate on the International Adjudication of Genocide, Crimes Against Humanity, War Crimes, and Aggression”) of the Cornell International Law Journal, 32(3). This special issue includes the following pieces: “Keynote Address” by Phillippe Kirsch; “Negotiating the Treaty of Rome on the Establishment of an International Criminal Court” by M. Cherif Bassiouni; “Issues Facing the International Criminal Court’s Prepatory Commission” by Richard Kicker; “Checks and Balances and Elements of Proof: Structural Pillars for the International Criminal Court” by William L. Lietzan; “Politics by Other Means: The Law of the International Criminal Court” by Diane F. Orentlicher; “The Position of Switzerland with Respect to the ICC Statute and in Particular the Elements of Crime” by Didier Pfirter; “The Amnesty Exception to the Jurisdiction of the International Criminal Court” by Michael P. Scharf; “U.S. Policy and the International Criminal Court” by David J. Scheffer; and “The United States and the International Criminal Court: Achieving a Wider Consensus Through the ‘Ithaca Package’” by Ruth Wedgwood.
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2185. Dicker, Richard (1999). “Issues Facing the International Court’s Preparatory Commission.” Cornell International Law Journal, 32(3):471–475. Dicker, associate counsel for Human Rights Watch, discusses the three issues that “PrepCom” must address in formulating the Rules of Evidence and Procedures for the International Criminal Court (ICC): 1. The Length of pre-trial detention; 2. The standard for disclosure; and 3. The protection of witness’ interests and disclosure. 2186. Dörmann, Knut (1999). “The First and Second Sessions of the Prepatory Commission for the International Criminal Court,” pp. 282–306. In T. M. C. Asser Instituut (Ed.) Yearbook of International Humanitarian Law. Volume 2. The Hague: T. M. C. Asser Press. This essay, by the Legal Advisor for the Legal Division of the International Committee of the Red Cross in Geneva, is comprised of the following sections: 1. Background; 2. The First Prep Com (2.1 Working Group on Elements of Crime; 2.1.1. General Remarks; 2.1.2. Elements of Genocide; 2.1.3. Elements of War Crimes; 2.2. Working Group on the Rules of Procedure; 2.3. Definition of the Crime of Aggression); 3. The Second Prep Com (3.1. Working Group on Elements of Crimes; 3.1.1. General Remarks; 3.1.2. Elements of War Crimes; 3.1.2.1. Mental Elements; 3.1.2.2. Remainder of Article 8(2)(a) of the ICC Statute; 3.1.2.3. Article 8(2)(c) of ICC Statute; 3.1.2.4. Article 8(2)(b) of the ICC Statute; 3.2. Working Group of the Rules of Procedure and Evidence; Definition of the Crime of Aggression); and 4. Conclusions. 2187. Dugard, John (1997). “Obstacles in the Way of an International Court.” The Cambridge Law Journal, 56(2):329–342. In his introduction, Dugard, director of the Research Centre for International Law, asserts that “there is a real possibility that the preferred method for the establishment of such a court—multilateral treaty—will result in a court supported by only a limited number of states. It is these broad issues . . . that form the subject of the present article (p. 331). The Article is comprised of the following sections and subsections: I. Obstacles to the Court (A. Different Approaches to Criminal Justice; B. Which Crimes Are to Fall within the Court’s Jurisdiction?; C. State Sovereignty and the Jurisdiction of an International Criminal Court); and II. Different Methods for the Establishment of an International Criminal Court. 2188. Durham, Helen (2001). “Women and Civil Society: NGOs and International Criminal Law,” pp. 819–843. In Kelly D. Askin and Dorean M. Koenig (Eds.) Women and International Human Rights Law. Volume 3. Ardsley, NY: Transnational Publishers, Inc.
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In her introduction, Durham, Australian Red Cross manager for International Humanitarian Law, writes that “This chapter examines the role women’s non-governmental organizations (NGOs) play in international criminal law. Using case studies of the development of the Statute for an International Criminal Court (ICC) and the proceedings of the ad hoc international criminal tribunals both in the former Yugoslavia and Rwanda, the chapter argues that women’s groups have had a significant impact on the creation and enforcement of this area of law” (p. 819). The chapter is comprised of the following sections germane to the ICC: The Role of NGOs in Creating and Crafting the ICC Statute and The Rome Conference on the Establishment of the ICC. 2189. Ferencz, Benjamin (1992). “An International Criminal Court: Where They Stand and Where They’re Going.” Columbia Journal of Transnational Law, 30(2):375–399. Herein, the noted jurist and prosecutor of the Nuremberg War Crimes Trials, discusses the background to the concept of an international court, the initial (1982) draft code of international crimes, why and how progress toward establishing an international criminal court stalled during the cold war years, and a move towards the establishment of such a court in the early 1990s. 2190. Finch, George A. (1952). “Editorial Comment: Draft Statute for an International Criminal Court.” The American Journal of International Law, 46:89–98. In this editorial, Finch, editor-in-chief of The American Journal of International Law, argues against U.S. support for the establishment of an international criminal court. In doing so, he enumerates what he perceives to be the major obstacles to the establishment of such a court, including but not limited to the following: • “The right of trial by jury is expressly abolished in the Draft Statute for an International Criminal Court” (p. 95); • “The Draft Statute for an International Criminal Court undertakes to carry over into time of peace the so-called principles of Nürnberg. The Nürnberg precedent has no application in time of peace” (p. 95); and • “In the existing precarious state of international relations, any proposals to set up an International Criminal Court to try individuals for war crimes in the guise of crimes against peace and security would, as feared by the minority of the Committee which drew the Draft Statute, ‘involve very real dangers to the future development of good feeling and cooperation. In the absence of a firm comity of nations, genuine international co-operation is impossible’” (p. 97).
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2191. Frye, Alton (1999). Toward an International Criminal Court: Three Options Presented as Presidential Speeches. New York: Council on Foreign Relations. 94 pp. This volume presents three options that United States policy could take in regard to the establishment of the International Criminal Court (ICC): endorse the ICC, reject the ICC, or work with the ICC as a nonparty while seeking to resolve U.S. objections to the treaty. Each of the options takes the form of draft speeches a U.S. president might use in presenting the issue to U.S. citizens. An initial memorandum provides contextual information and a critical assessment of each option. Two pieces of background information are also included in the text: “U.S. Objections to the Rome Statute of the International Criminal Court,” and “Excerpts from the Rome Statute of the International Criminal Court.” 2192. Goldstone, Richard J. (2000). For Humanity: Reflections of a War Crimes Investigator. New Haven, CT: Yale University Press. 152 pp. One chapter in this book, by the former chief prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), is entitled “Toward an International Criminal Court.” 2193. Henquet, Thomas (1999). “Mandatory Compliance Powers vis-à-vis States by the Ad Hoc Tribunals and the International Criminal Court: A Comparative Analysis.” Leiden Journal of International Law, 12(4):969–999. In discussing the jurisprudence of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the travaux preparatoires of the Rome Treaty, Henquet, associate legal officer with the Chambers of the International Criminal Tribunal for the Former Yugoslavia, compares the mandatory powers conferred on the respective institutions. He concludes that the UN Security Council “endowed the Tribunals with unequivocally binding powers, while under the Rome Treaty regime, which resembles traditional inter-state cooperation in criminal matters, the ICC’s powers are more limited and state obligations less stringent” (p. 969). 2194. Journal of International Criminal Justice, March 2004, 2(1). This issue contains the following articles on the International Criminal Court (ICC): “The United States of America and International Justice: Has Lady Liberty Lost Her Way?” by D. Mundis; “U.S. Constitutionalism and International Law: What the Multilateralist Move Leaves Out” by P. Stephan; “Learning to Deal With Rejection: The International Criminal Court and the United States” by W. M. Reisman; “Is the United States’ Opposition to the ICC Intractable?” by P. M. Wald; “How to Turn the Tide Using the
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Rome Statue’s Temporal Jurisdiction” by D. J. Schemer; “The International Criminal Court and the In and Out Club” by F. Orrego Vicuña; “The General Principle of International Criminal Law Set Out in Nuremberg as Mirrored in the ICC Statute” by H. H. Jescheck; “The International Criminal Court —High Hopes, Creative ‘Ambiguity’ and an Unfortunate Mistrust in International Judges” by D. Hunt; and “Prosecutorial Discretion within the International Criminal Court” by M. R. Brubacher. 2195. Kaul, Hans-Peter (1997). “Towards a Permanent International Criminal Court: Some Observations of a Negotiator.” Human Rights Law Journal, 18(5–8):169–174. This article, by an official of the Federal Foreign Office in Bonn, is comprised of the following: Introduction; I. A Fundamental Decision; II. The Substance of the Crimes; III. Procedural Matters (1. Criminal Procedure; 2. The “Trigger Mechanism”; 3. The Main Critical Issues; 4. Jurisdiction; 5. Complementarity; 6. Ex Officio Authority Role of the Security Council); and IV. Current Status and Perspectives. 2196. Kaul, Hans-Peter, and Kreb, Claus (1999). “Jurisdiction and Cooperation in the Statute of the International Criminal Court: Principles and Compromises,” pp. 143–175. In T. M. C. Asser Instituut (Ed.) Yearbook of International Humanitarian Law. Volume 2. The Hague: T. M. C. Asser Press. This essay, by, respectively, The Head and Deputy Head of the Public International Law Section of Germany’s Foreign Office, is comprised of the following sections: 1. Introduction; 2. Jurisdiction (Principles; Universality Versus State Sovereignty; Compromise: Territoriality or Nationality Instead of Universalism); 3. Cooperation (Principles: Vertical Versus Horizontal Cooperation; and Compromises); and 4. Appraisal—A German View on Jurisdiction and Cooperation. 2197. King, Henry T., and Theofrastous, Theodore (1999). “From Nuremberg to Rome: A Step Backward for U.S. Foreign Policy.” Case Western Reserve Journal of International Law, 31(1):47–106. King (U.S. director of the Canada/United States Law Institute and professor of Law at Case Western Reserve University School of Law, and a former prosecuting attorney at Nuremberg) and Theofrastous (J.D. candidate at Case Western Reserve University School of Law) examine the history of the United States’ role in the movement towards an International Rule of Law, beginning with its leadership in establishing the Nazi war crime tribunals; the history of the U.S. position on the [International Criminal] Court [ICC]; and a substantive legal analysis of the treaty options opposed by the United States. By tracing these threads, we hope to identify
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whether the concept of an International Rule of Law is actually compatible with U.S. interests, whether those interests have changed, and whether the concept of an International Rule of Law itself has changed since articulated by Justice [Robert H.] Jackson and in the London Charter, pursuant to which the International Military Tribunal was established. (p. 51)
Ultimately, the authors strongly endorse the establishment of the ICC, and state that “Hopefully, in time, the United States will remember the wisdom of the Nuremberg principles, working to implement them by enacting a permanent and viable International Criminal Court” (p. 105). 2198. Kirsch, Philippe, and Holmes, John T. (1999). “The Rome Conference on an International Criminal Court: The Negotiating Process.” American Journal of International Law, 93(1):2–12. In their introduction, the authors state that “The object of this paper is to describe the negotiating process during the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court. It is told from the perspective of those that were ex officio at the center of negotiations, as members of the Bureau of the Committee of the Whole (CW). It describes the main issues under consideration at the conference and the evolution of the negotiations, including an inside view of the development of the final package containing the principal elements of the Statute of the Court (p. 2). 2199. Kissinger, Henry A. (2001). “The Pitfalls of Universal Jurisdiction.” Foreign Affairs, July/August, 80(4):86–96. In part, Kissinger, former U.S. secretary of state and U.S. national security adviser, argues that “Even with respect to binding undertakings such as the genocide convention, it was never thought that they would subject past and future leaders of one nation to prosecution by the national magistrates of another state where the violations had not occurred” (p. 88). Essentially, Kissinger argues that universal jurisdiction sets a dangerous precedent. In arguing so, he discusses the 1998 detention of former Chilean President August Pinochet, the International Criminal Court, and presents proposals for ameliorating the shortcomings and dangers that he perceives in the implementation of universal jurisdiction. 2200. Koenig, Dorean M., and Askin, Kelly D. (2000). “International Criminal Law and International Criminal Court Statute: Crimes Against Women,” pp. 3–29. In Kelley D. Askin and Dorean M. Koenig (Eds.) Women and International Human Rights Law. Volume 2. Ardsley, NY: Transnational Publishers, Inc. In their introduction, Koenig (professor of Law at the Thomas C. Cooley
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Law School) and Askin (visiting scholar at the Center for Civil and Human Rights at Notre Dame Law School) note that “The following sections provide a general overview of international criminal law and analyze the Statute of the International Criminal Court, particularly as they relate to women’s issues and to gender-based or sex-based crimes. . . . A final section analyzes the jurisdiction of the ICC Statute” (p. 5). The chapter is comprised of the following sections and subsections: Introduction; The Rome Statute of the International Criminal Court; Crimes Against Women and the Road to Rome—An Historical Perspective; The ICC Statute and Crimes Against Women; The Core Crimes of the ICC Statute and Their Potential Effect on Women (Crimes Against Humanity, War Crimes, Genocide); Preconditions to the Exercise of Jurisdiction and Admissibility (Jurisdiction, and Complementarity and Admissibility); and Conclusion. 2201. Krieger, David (1999). “International Criminal Court for Genocide and Major Human Rights Violations,” pp. 362–364. In Israel W. Charny (Ed.) Encyclopedia of Genocide. Volume II. Santa Barbara, CA: ABC CLIO Press. In this entry, the author discusses the history of the concept of an “international criminal court,” the progress made in the 1990s by the UN General Assembly to establish a permanent international criminal court (the ICC), and the limitations/weaknesses of the court vis-à-vis its jurisdiction. 2202. Lattimer, Mark, and Sands, Philippe (Eds. (2003). Justice for Crimes Against Humanity. Oxford and Portland, OR: Hart Publishing. 512 pp. The contributors to this book assess recent developments in international law in regard to bringing to justice those accused of war crimes, crimes against humanity, and genocide. Chapter 7, by M. Cherif Bassiouni, is entitled “The Permanent International Criminal Court” (pp. 172–211). 2203. Law and Contemporary Problems (published quarterly by the Duke University School of Law, Durham, North Carolina) (2001). Special Issue (“The United States and the International Criminal Court”), Law and Contemporary Problems, edited by Madeline Morris, 64(1). This special issue is comprised of the following articles: “The International Criminal Court: Current Issues and Perspectives” by Phillipe Kirsch; “High Crimes and Misconceptions: The ICC and Non-Party States” by Madeline Morris; “The ICC’s Jurisdiction Over the Nationals of Non-Party States: A Critique of the U.S. Position” by Michael P. Scharf; “International Criminal Law After Rome: Concerns from a U.S. Military Perspective” by William K. Lietzav; “Toward U.S. Acceptance of the International Criminal Court”
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by Bruce Broomhall; “The International Criminal Court: Possibilities for Prosecutorial Abuse” by Alfred P. Rubin; “The Risks and Weaknesses of the International Criminal Court from America’s Perspective” by John R. Bolton; “The International Criminal Court: Issues for Consideration by the United States Senate” by Patricia McNerney; and “The Irresolution of Rome” by Ruth Wedgwood. 2204. Lee, Roy S. (Ed.) (1999).The International Criminal Court: The Making of the Rome Statute—Issues, Negotiations and Results. The Hague: Kluwer Law International. 700 pp. This publication is the collective work by a group of persons closely associated with the development of the Rome Statute. It covers the substantive and procedural issues raised during the preparation stages as well as those addressed at the conference. The contributors provide an account of the main contentions surrounding each of the key issues, the divergent approaches put forward by the principal proponents, the ways in which differences were resolved, how groups of articles were prepared, and how the final text was assembled. 2205. Maogoto, Jackson Nyamuya (2003). State Sovereignty and International Criminal Law: Versailles to Rome. Ardlsey, NY: Transnatioanl Publishers. 311 pp. This book is comprised of the following chapters: 1. “The Concept of Sovereignty and the Development of International Law”; 2. “World War I: Sowing the Seeds of Challenge to State Sovereignty”; 3. “World War II: Reaping the Fruits of the Challenge to State Sovereignty”; 4. “The Cold War: The 20th Century’s Third Hegemonic Struggle”; 5. “The Yugoslav Tribunal: State Sovereignty in the Shadow of International Justice”; 6. “The Rwandan Tribunal: Gaining Ground in the Diminution of State Sovereignty”; and 7. “The International Criminal Court: Challenges and Concessions to the Westphalian Model.” 2206. Maogoto, Jackson Nyamuya (2004). War Crimes and Realpolitik: International Justice from World War I to the 21st Century. Boulder, CO: Lynne Rienner Publishers. 267 pp. War Crimes and Realpolitik “explores the evolution and operation of the international criminal justice system, highlighting the influences of politics. Maogoto explores the conflict between justice and realpolitik. Showing how states, in furthering their political agendas, sometimes hinder the enforceability of international criminal law, Maogoto, lecturer in Law at the University of Newcastle in Australia, delineates the state interests that often control international legal norms and institutions and even manipulate public
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perceptions. Ranging from the period just after World War I to the recent establishment of the International Criminal Court, he provides a thorough exposition of the politics and processes of international penal institutions in the state-driven international system.” The book includes, in part, the following chapters: “The Cold War: International Justice in the Shadow of Realpolitik”; “Crisis in the Balkans: Raising the Nuremberg Precedent”; “Rwanda: Portrait of a Reluctant International Community”; and “The International Criminal Court: Challenges and Concessions to the State.” 2207. Marquardt, Paul D. (1995). “Laws Without Borders: The Constitutionality of an International Criminal Court.” Columbia Journal of Transnational Law, 37(1):73–148. Marquardt, an attorney with the U.S. Court of Appeals for the 8th Circuit, argues that the objections to a permanent international criminal court, on both pragmatic and constitutional grounds, are based on flawed analyses. More specifically, he argues that “Pragmatic objections to such a court focus too heavily on the difficulty of bringing the leaders of criminal regimes to justice and overlook the other useful roles the court could play in the international system. Constitutional objections are simply poorly reasoned; well established principles of United States extradition and foreign relations law support U.S. participation in an international criminal court” (p. 73). 2208. May, Richard, and Wierda, Marieke (Eds.) (2002). International Criminal Evidence. Ardlsey, NY: Transnational Publishers. 394 pp. While the primary focus of the book is the practice of the United Nations ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda, it also delineates the developments of the law of evidence reaching back to the trials conducted by the Allied powers after the Second World War. Concomitantly, the authors discuss the future of the law in this field, with comments on the projected implementation of the Statute and the Rules of Procedure of the permanent International Criminal Court (ICC). 2209. McCormack, Timothy L. H., and Robertson, Sue (1999). “Jurisdictional Aspects of the Rome Statute for the New International Criminal Court.” Melbourne University Law Review, 23(2):635–667. McCormack, Foundation Australian Red Cross Professor of International Humanitarian Law at the University of Melbourne, and Robertson, an intern with the Australian Permanent Mission to the United Nations in New York, identify . . . key aspects of the Rome Statute, with particular emphasis on the jurisdictional competence of the Court, and attempt to explain some of the legislative
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history and the jurisprudential significance of the highlighted provisions. . . . The Article examines the preconditions for the Court’s exercise of its jurisdiction—the so-called triggering mechanism for the institution of proceedings before the Court; the regime of state consent [vis-à-vis] the jurisdiction of the Court, and the principle of “complementarity” which encapsulates the relationship between the new international court and existing courts. The paper then analyzes the subject-matter jurisdiction of the Court—the specific crimes over which the Court will be able to exercise jurisdiction. (p. 637)
2210. McDonald, Avril (1998). “The Yearbook in Review,” pp. 113–160. In T. M. C. Asser Instituut (Ed.) Yearbook of International Humanitarian Law. Volume 1. The Hague: T. M. C. Asser Press. McDonald, managing editor of the Yearbook of International Humanitarian Law, discusses the following: enforcement of international humanitarian law, international criminal prosecution, and the Permanent International Criminal Court. 2211. Meyer, Karl E. (2002). “Criminal Thinking in Washington.” World Policy Journal, Summer, 19(2):106–108. This article is comprised of a selection of editorials from newspapers around the United States concerning George W. Bush administration’s decision to “unsign” the U.S. government’s support for the establishment of the International Criminal Court. Editorial excerpts are included from newspapers such as the Denver Post, the Atlanta Journal-Constitution, the San Francisco Chronicle, the St. Louis Post-Dispatch, the Boston Globe, the Washington Post, and the Los Angeles Times. 2212. Neier, Aryeh (1998). “Waiting for Justice: The United States and the International Criminal Court.” World Policy Journal, Fall, 15(3):33–37. This is a hard-hitting but fair critique of the Clinton administration’s opposition to the establishment of the International Criminal Court (ICC). In part, Neier observes that “Ostensibly, the United States supported the treaty. President Clinton had made speeches publicly advocating establishment of the Court. . . . However, Clinton permitted the Department of Defense to take the lead in shaping U.S. policy toward the Court. . . . In advance of Rome, Pentagon officials directed the military attaches at U.S. embassies round the world to lobby the armed forces of their host countries to oppose the Court . . . ” (p. 35). Neier goes on to note that this is the second time in the past year that the Clinton Administration has allowed the Department of Defense to determine U.S. policy with respect to an international human rights treaty (e.g., in December 1997, the U.S. refused to sign the treaty banning the use of landmines) (p. 36).
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2213. O’Shea, Andreas (2004). Amnesty for Crime in International Law and Practice. The Hague: Kluwer Law International. 376 pp. In his preface, O’Shea writes This work aims to place the growing domestic practice of adopting amnesty laws within the context of the developing international legal framework. It pursues a path towards defining the legitimate parameters of amnesty in terms of international law and reconciling the national practice with the initiatives of the international community of states. I analyze the domestic and international legal context of amnesty and reach findings on the international framework. Owing to international obligations, an amnesty may not be recognized by other states or the international criminal tribunals. In particular, a national amnesty will have no effect on the jurisdiction of the forthcoming International Criminal Court. Given the necessity of amnesty in some conflicts and the usefulness of some amnesties in themselves promoting the aims of human rights, this work suggests clear guidelines on amnesty and [the need for] some limited recognition by the international community, while maintaining a form [sic] respect for the international rule of law. The mechanism suggested for this purpose is a Protocol to the Rome Statue establishing the International Criminal Court. This would set out the limits to domestic amnesty, but, in exceptional circumstances where transition or peace would otherwise be severely compromised, exempt the state from the need to prosecute and/or extradite an international offender. (p. ix)
2214. Pejic, Jelena (1998). “Creating a Permanent International Criminal Court: The Obstacles to Independence and Effectiveness.” Columbia Human Rights Law Review, 29(2):291–354. In this article, Pejic, senior program coordinator with the Lawyers Committees for Human Rights (Europe), focuses on the unresolved political and legal issues surrounding the International Criminal Court. In doing so, she addresses the following issues: Why an ICC is needed, background of the ICC, how the ICC will be established, structure and functioning of the ICC, the issue of complementarity, the ICC’s subject-matter jurisdiction, the exercise of jurisdiction and the role of the U.N. Security Council, the mechanism for bringing cases before the ICC, and the financing of the ICC. 2215. Penrose, Mary Margaret (2000). “It’s Good to Be the King!: Prosecuting Heads of State and Former Heads of State Under International Law.” Columbia Journal of Transnational Law, 39(1):194–220. Penrose, professor of Law at the University of Oklahoma College of Law, criticizes historical practices regarding the lack of prosecution of sitting and former heads of state. In doing so, she argues that such persons should stand trial for their alleged crimes. She duly notes, though, that state practice and international law as they currently exist offer only limited help toward
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advancing such a goal. She asserts that although the Pinochet precedent [the warrant issued for former Chilean dictator Augusto Pinochet’s arrest by a Spanish judge for atrocities Pinochet oversaw against Spanish citizens while he was Chilean head of state] suggests that states may be moving toward a willingness to prosecute heads of state, “there needs to be an enactment of prosecutorial rules and regulations and urges countries to take the necessary steps to create an international criminal court so that criminal defendants may be tried in a consistent manner in a judicial forum existing specifically for such purposes.” 2216. Politi, Mauro, and Nesi, Giuseppe (Eds.) (2001). The Rome Statute of the International Criminal Court: A Challenge to Impunity. Burlington, VT: Ashgate/Dartmouth. 310 pp. This book is comprised of essays by major insider-participants in the Rome process, and provides insights and commentary into the drafting process of the Rome Statute. The major parts and chapters are as follows: The International Criminal Court: Its Main Features (1. “Some Reflections on the Rome Conference” by Giovanni Conso; 2. “The Rome Statute of the ICC: Rays of Light and Some Shadows” by Mauro Politi; 3. “The Experience of the Preparatory Committee” by Adriaan Bos; 4. “The International Criminal Court in Perspective: From the Rome Conference to the Years to Come” by John T. Holmes; 5. “The International Criminal Court: The Role of the Security Council” by Elizabeth Wilmshurst; 6. “The Role of the Security Council and the Independence of the International Criminal Court: Some Reflections” by Nabil Elaraby; 7. “The Rome Statute of the International Criminal Court: Exceptions to the Jurisdiction” by Mahnoush H. Arsanjani; 8. “The Role of the Prosecutor” by Silvia A. Fernandez De Gurmendi; 9. “The International Criminal Court: Jurisdiction, Trigger Mechanism and Relationship to National Jurisdictions” by Hans-Peter Kaul) The International Criminal Court and the International Protection of Human Rights (10. “Introductory Remarks” by Theodor Meron; 11. “The Rome Statute of the International Criminal Court and Human Rights” by Fausto Pocar; 12. “Crimes Against Humanity and the Rome Statute of the International Criminal Court” by Roger S. Clark; 13. “War Crimes in International Armed Conflicts” by Gabriella Venturini; 14. “War Crimes and Internal Conflicts in the Statute of the International Criminal Court” by Luigi Condorelli; 15. “The Protection of Children’s Rights in the Statute of the International Criminal Court” by John T. Holmes; 16. “The Status of the Individual in the Statute of the International Criminal Court” by Lamia Mekhemar; 17. “State’s Crime and Individuals’ Crimes: What Relationship?” by Giorgio Conetti); The International Criminal Justice System After the Rome Conference (18. “The
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Preventive and the Repressive Function of the International Criminal Court” by Otto Triffterer; 19. “The International Criminal Court and National Jurisdictions” by Flavia Lattanzi; 20. “Follow up to Rome: Preparing for Entry into Force of the Statute of the International Criminal Court” by William A. Schabas; 21. “Current Political Developments and their Impact on the Future of the International Criminal Court” by Phani Dascalopoulou-Livada; 22. “The Obligation to Cooperate with the International Criminal Court and States Not Party to the Statute” by Giuseppe Nesi; 23. “Observations on the Appeal before the International Criminal Court” by Patrizia De Cesari; 24. “Some Remarks on the Settlement of Disputes in the Rome Statute of the International Criminal Court” by Francesca Trombetta-Panigadi; 25. “The Status of Third States before the International Criminal Court” by Gerhard Hafner; 26. “Criminally Protected Legal Interests at the International Level after the Rome Statute” by Lorenzo Picotti) Prospects for the Functioning of the International Criminal Court (27. “Some Practical Remarks on the Early Functioning of the International Criminal Court” by Tullio Treves; 28. “Scenarios of Implementation of the Statute of the International Criminal Court” by W. Michael Reisman; 29. “Round Table: Prospects for the Functioning of the International Criminal Court” (Participants: Antonio Cassese, Philippe Kirsch, Bèatrice Le Fraper du Hellen, Theodor Meron, Michael Reisman, Tullio Treves; Interventions: Paolo Benvenuti, Annalisa Ciampi, Mauro Politi, and Elisabeth Wilmshurst); and 30. “Conclusions” by Francesco Paolo Fulci). 2217. Rosenne, Shabtai (1999). “The Jurisdiction of the International Criminal Court,” pp. 119–141. In T. M. C. Asser Instiuut (Ed.) Yearbook of International Humanitarian Law. Volume 2. The Hague: T. M. C. Asser Press. This piece, written by a member of the Institute of International Law, is comprised of the following sections: 1. Introduction; 2. The Rome Statute as an International Treaty; 3. The Structure of the Statute; 4. The Jurisdictional Function of Being a Party to the Statute; 5. Complementarity; 6. Jurisdiction Ratione Materiae; 7. Jurisdiction to Arrest; and 8. Provisional Conclusions of Jurisdiction. 2218. Sands, Philippe; Mackenzie, Ruth; and Shany, Yuval (Eds.) (1999). Manual on International Courts and Tribunals. London: Butterworths. 346 pp. Chapter 22 (“International Criminal Court (ICC)”) provides an overview of the purpose, structure, jurisdiction, and procedural aspects of the ICC. More specifically, the chapter is comprised of the following: Introduction (Name and Seat of the Court, and Description); Institutional Aspects (Governing Texts and Substantive Law); Organization (Composition, Plenary/Chambers, Appellate Structure, Technical/Scientific Experts, and
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Secretariat); Jurisdiction (Ratione Personae, Ratione Materiae, Ratione Temporis, and Complementarity Advisory Jurisdiction); and Procedural Aspects (Language, Instituting Proceedings, Financial Assistance, Provisional Measures, Preliminary Objections and Proceedings, Written Pleadings, Oral Arguments, Third Party Intervention/Multiple Proceedings, Amicus Curiae, Representation of Parties, Decisions, Revision of Judgments, Appeal, Costs, and Enforcement of Sentences). 2219. Schabas, William (1999). “Follow Up to Rome: Preparing for Entry Into Force of the International Criminal Court Statute.” Human Rights Law Journal, 29(4–6):157–166. In this article, Schabas, professor in the Départment des Sciences Juridiques Université du Québec à Montreal, discusses the tasks that must be completed before the International Criminal Court (ICC) can be created. The article is comprised of the following parts and sections: I. Tasks to Be Carried Out Before the Court Can Be Created (1. Signature, Ratification, Acceptance, Approval, and Accession; 2. Changes to National Legislation (a. Cooperation and Judicial Assistance; b. Complementary and Domestic Jurisdiction); 3. The Work of the Prepatory Commission (a. Rules of Procedure and Evidence; b. Defining Aggression; c. “Elements of Crimes”)); and II. Outlook. 2220. Scheffer, David J. (1999). “The United States and the International Criminal Court.” American Journal of International Law, 93(1):12–22. Herein, Scheffer, U.S. ambassador at large for war crimes issues and the leader of the U.S. delegation to the Rome Conference, discusses the United States’ position on the establishment of a permanent international criminal court (the ICC)—including its compelling interest in such a court as well as its objections to various facts of the Rome Treaty (and thus the reason behind the United States’ vote against the Statute in Rome). In doing so, he discusses what the United States’ objectives were for the Rome Treaty, and the flaws that the U.S. delegation perceived in the Rome Treaty. 2221. Scheffer, David (1998). “The United States’ Measures to Prevent Genocide.” Speech delivered on December 10, 1998, at the United States Holocaust Memorial Museum., Washington, D.C. 10 pp. Available under the title of the speech and under the heading of “Atrocities Prevention Interagency Working Group.”) Scheffer, the ambassador at large for war crimes issues in the United States Department of State, discusses, in part, the reasons why the United States government did not support the Rome Treaty whose focus was the establishment of a permanent international criminal court (ICC). More specifically,
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he argues that “The illogical consequences of one provision in the treaty will be to limit severely those lawful but highly controversial and inherently risky interventions that the advocates of human rights and of world peace so desperately seek from the United States and other military powers. This is particularly true of efforts to prevent or stop genocide or crimes against humanity. There will be significant new legal and political risks to such interventions, which up to this point have been mostly shielded from politically motivated charges” (p. 9). He concludes by stating that “We believe that the problems with the Rome Treaty are solvable” (p. 9), and goes on to note what the United States is doing, along with other members of the international community, to iron out the “problems.” 2222. Scheffer, David J. (1999). “U.S. Policy and the International Criminal Court.” Cornell International Law Journal, 32(3):529–534. This article includes the remarks of the ambassador at large for war crimes issues presented at the Cornell International Law Journal’s 1995 Symposium entitled “The International Criminal Court: Consensus and Debate on the International Adjudication of Genocide, Crimes Against Humanity, War Crimes and Aggression.” Scheffer first asserts that the United States has had a long and compelling interest in the establishment of a permanent international criminal court, and then delineates why the United Sattes— “based on international law and the reality of our international system” (p. 529)—refused to support the final draft of the Treaty in 1998. 2223. Seguin, John (2000). “Denouncing the International Criminal Court: An Examination of U.S. Objections to the Rome Statute.” Boston University International Law Journal, 18(1):85–109. In his introduction to this piece, Seguin states that “This paper will examine the fears and concerns behind the United States’ decision to withdraw its support for the International Criminal Court [ICC] and explain why these concerns are unfounded” (p. 87). The piece is comprised of the following: I. Introduction; II. Jurisdiction of the International Criminal Court (A. Crimes Within the Jurisdiction of the ICC; B. Jurisdiction Over Nationals of Party States; C. Jurisdiction Over Nationals of Non-Party States; D. Individuals Within the Court’s Jurisdiction; E. Complementarity; F. Challenges to the Jurisdiction of the Court); III. Treaty Objectives Achieved by the United States (A. Complementarity; B. Spurious Complaints; C. Role of the U.N. Security Council; D. Other U.S. Objectives); IV. Rationale for the United States’ Refusal to Sign the Rome Statute (A. Vulnerability of U.S. Military Personnel to Prosecution;
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B. Lack of a Definition for the Crime of Aggression; C. Jurisdiction Over Nationals of Non-Party States; D. Ten Year Opt-Out Period; E. Self-Initiating Prosecutor; F. Inclusion of Crimes of Terrorism and Doing Trafficking; G. General Criticism by U.S. Congressmen); V. Response to U.S. Objections (A. Safeguards Against Prosecution of U.S. Military Personnel; B. No Danger of Ratifying Before Every Crime Is Defined; C. Customary International Law Support for Jurisdiction Over Nationals of Non-Party States; D. Influence on the Implementation of the Court; E. Benefits to the United States; F. No Danger to U.S. Interests if Drugs and Terrorism are Included Within the Court’s Jurisdiction; G. Constitutionality of the Court); and VI. Conclusion. 2224. Sewall, Sarah B., and Kaysen, Carl (Eds.) (2000). The United States and the International Criminal Court: National Security and International Law. Lanham, MD: Rowman & Littlefield Publishers. 266 pp. This book, edited by Sewall (former deputy assistant secretary of defense and the program director at the Carr Center for Human Rights at Harvard’s Kennedy School of Government) and Kaysen (David W. Skinner Professor of Political Economy Emeritus at MIT and co-chair of the Committee on International Security Studies of the American Academy of Arts and Sciences) is comprised of the following chapters and parts: chapter 1: “The United States and the International Criminal Court: An Overview” by Sarah B. Sewall, Carl Kaysen and Michael P. Scharf; Part I: The Roots of the ICC (chapter 2. “The Evolution of the ICC: From The Hague to Rome and Back Again” by Leila Nadya Sadat; chapter 3. “Lessons from the International Criminal Tribunals” by Richard J. Goldstone and Gary Jonathan Bass; chapter 4. “The Statute of the ICC: Past, Present, and Future” by Bartram S. Brown; chapter 5. “Exceptional Cases in Rome: The United States and the Struggle for an ICC” by Lawrence Weschler); Part II: The United States and the ICC (chapter 6. “The U.S. Perspective on the ICC” by David J. Scheffer; chapter 7. “The Constitution and the ICC” by Ruth Wedgwood; chapter 8. “American Service Members and the ICC” by Robinson O. Everett; chapter 9. “The ICC and the Deployment of U.S. Armed Forces” by William L. Nash; chapter 10. “The United States and Genocide Law: A History of Ambivalence” by Samantha Power); Part III: The ICC and National Approaches to Justice (chapter 11. “Justice versus Peace” by Michael P. Scharf; chapter 12. “Complementarity and Conflict: States, Victims, and the ICC” by Madeline Morris); and Part IV: The ICC’s Implications for International Law (chapter 13. “The ICC’s Jurisdiction over the Nationals of Non-Party States” by Michael P. Scharf; and chapter 14. “The ICC and the Future of the Global Legal System” by Abram Chayes and Anne-Marie Slaughter). It also includes an Appendix: “Bringing a Case to the ICC: Pathways and Thresholds” by Bartram S. Brown.
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2225. Shelton, Dinah (Ed.) (2000). International Crimes, Peace, and Human Rights. Ardsley, NY: Transnational Publishers. 370 pp. In this collection of essays, Shelton, professor of International Law at Notre Dame Law School, brings together sixteen noted authorities in various fields to assess the value of the International Criminal Court (ICC). The book is comprised of four parts: Part I: “Precedents and Their Lessons”; Part II: “A Merger of International Criminal Law, Humanitarian Law, and Human Rights Law?”; Part III: “International Public Policy and the ICC: Accountability, Deterrence, and Redress”; and Part IV: “Problems of Jurisdiction and Effectiveness.” The authors present a detailed analysis of “the potential uses (and misuses) of the Rome Statute, its lacunae and shortcomings as well as its signal advances in jurisdiction and accountability.” 2226. Stromseth, Jane (Ed.) (2003). Accountability for Atrocities: National and International Responses. Ardsley, NY: Transnational Publishers. 350 pp. The authors of the essays in this book examine some of the many critical challenges the international community faces as it attempts to bring alleged perpetrators to trial for genocide, crimes against humanity, and war crimes. They focus in particular on the relationship between national and international accountability mechanisms in pursuing such a goal between 1993 and 2003. The essays provide an in-depth look at the goals and mechanisms of accountability in a variety of cases, including but not limited to the former Yugoslavia, Rwanda, Cambodia, Argentina, East Timor, and Indonesia. One chapter examines the International Criminal Court’s complementarity principle and its consequences. 2227. Thakur, Ramesh, and Malcontent, Peter (Eds.) (2004). From Sovereign Impunity to International Accountability: The Search for Justice in a World of States. Tokyo: United Nations University Press. 360 pp. Sovereign Impunity to International Accountability explores the progress, scope, and controversies of holding political leaders accountable for international crimes. In doing so, the contributors confront these and other challenges by exploring the changing political and human rights context that gave rise to the international norm of individual criminal accountability. It brings together a preeminent group of experts to explore the progress, scope and controversies of international accountability. The book is comprised of the following: “Foreword—The Role of Law and Justice in Governance: Regional and Global”; “Preface—Justice and Accountability: Local or International?”; “Introduction—Human Rights and Peace: Two Sides of the Same Coin”; Part I: The Historical and Political
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Background of International Criminal Accountability (“From Impunity to Accountability: Forces of Transformation and the Changing International Human Rights Context”; “From the Nuremberg Charter to the Rome Statute: A Historical Analysis of the Limits of International Criminal Accountability”; “International Criminal Justice and the United States: Law, Culture, Power”; “Violations of Human Rights and Humanitarian Law and Threats to International Peace and Security”); Part II: The Functioning of Ad Hoc Tribunals and the ICC (“The Individual Within International Law”; “Genderrelated Crimes: A Feminist Perspective”; “International Criminal Courts and the Admissibility of Evidence”; “Balancing the Rights of the Accused with the Imperatives of Accountability”; “We the People: The Position of NGOs in Gathering Evidence and Giving Witness at International Criminal Trials”; “Democracy, Global Governance and the International Criminal Court”); and Part III: Effectiveness and Limitations (“Reconciling Fractured Societies: An African Perspective on the Role of Judicial Prosecutions”; “The Complexity of International Criminal Law: Looking Beyond Individual Responsibility to the Responsibility of Organizations, Corporations and States”; “The International Criminal Court: Obstacle or Contribution to an Effective System of Human Rights Protection?”; and “Dealing with Guilt Beyond Crime: The Strained Quality of Universal Justice”). 2228. Triffterer, Otto (2001). “Genocide, Its Particular Intent to Destroy in Whole or in Part the Group as Such.” Leiden Journal of International Law, 14(2):399–408. The abstract to this article by Triffterer, professor of Law at the University of Salzburg, reads as follows: All crimes of genocide have a common structure. There must be an actus reus, a corresponding mens rea and, in addition, a second subjective element, the “intent to destroy in whole or in part, a . . . group as such.” This so-called “genocidal intent” is characterized by the fact that responsibility for completed genocide does not depend on the result the perpetrator intended to achieve. The threshold of this intent is not higher than mens rea described in Article 30 of the Rome Statute; in particular, no special quality of the volitive side of this intent is required. Dolus eventualis, therefore, is sufficient to commit the actus reus and to have, in addition, the particular “intent to destroy. . . . ” An inherent, additional and independent, contextual criterion, as proposed in The Draft Elements of Crimes, is neither admissible nor advisable to limit the punishability of genocide or the jurisdiction of the Court for such crimes. (p. 399) 2229. United Nations (2004). Assembly of States Parties to the Rome Statute of the International Criminal Court; First Session (First and Second Resumptions)—Official Records. New York: Author. 20 pp.
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This document contains records of the Assembly of States Parties to the Rome Statute of the International Criminal Court’s first session. The meetings took place at United Nations headquarters in February and April 2003. 2230. United Nations (2003). Assembly of States Parties to the Rome Statute of the International Criminal Court; First Session—Official Documents. New York: United Nations. 376 pp. This is the report of the historic first session of the Assembly of States Parties to the Rome Statute of the International Criminal Court. Its contents include the international agreements negotiated by the Preparatory Commission for the ICC from 1999 to 2002. 2231. United Nations (2004). Assembly of States Parties to the Rome Statute of the International Criminal Court: Second Session—Official Records. New York: Author. 260 pp. This is the official record of the Assembly of States Parties to The Rome Statute of the International Criminal Court’s second session meeting. The meeting took place in September 2003 at UN headquarters in New York. This report contains the record of the full proceedings. 2232. United Nations (1999). Rome Statute of the International Criminal Court. New York: Author. 51 pp. Available at: http://www.un.org/law/icc/statute/99. This document consists of the following: “The Preamble to the Rome Statute”; Part 1. “Establishment of the Court”; Part 2. “Jurisdiction, Admissibility and Applicable Law”; Part 3. “General Principles of Criminal Law”; Part 4. “Composition and Administration of the Court”; Part 5. “Investigation and Prosecution”; Part 6. “The Trial”; Part 7. “Penalties”; Part 8. “Appeal and Revision”; Part 9. “International Cooperation and Judicial Assistance”; Part 10. “Enforcement”; Part 11. “Assembly of State Parties”; Part 12. “Financing”; and Part 13. “Final Clauses.” Among some of the many topics/issues addressed in the various articles are the following: Crimes Within the Jurisdiction of the Court (Article 5); Genocide (Article 6); Crimes Against Humanity (Article 6); War Crimes (Article 8); Elements of Crimes (Article 9); Jurisdiction Ratione Temporis (Article 11); Preconditions to the Exercise of Jurisdiction (Article 12); Exercise of Jurisdiction (Article 13); Referral of a Situation by a State Party (Article 14); Issues of Admissibility (Article 17); Applicable Law (Article 21); Individual Criminal Responsibility (Article 25); Responsibility of Commanders and Other Superiors (Article 28); Superior Orders and Prescription of Law (Article 33); Independence of the Judges (Article 40); Rules of
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Procedure and Evidence (Article 51); Initiation of an Investigation (Article 53); Rights of Persons During an Investigation (Article 55); Issuance by the Pre-Trial Chamber of a Warrant of Arrest or a Summons to Appear (Article 58); Place of Trial (Article 62); Protection of the Victims and Witnesses and Their Participation in the Proceedings (Article 68); Requirements for the Decision (Article 74); Applicable Penalties (Article 77); Determination of the Sentence (Article 78); Appeal Against Decision of Acquittal or Conviction or Against Sentence (Article 81); Competing Requests (Article 90); Provisional Arrest (Article 92); Roles of States in Enforcement of Sentences of Imprisonment (Article 103); Funds of the Court and of the Assembly of States Parties (Article 115); Review of the Statute (Article 123); Signature, Ratification, Acceptance, Approval or Accession (Article 125); Entry into Force (Article 126); and Withdrawal (Article 127). 2233. United Nations International Law Commission (1994). “Report of the Working Group on a Draft Statute for an International Criminal Court.” International Legal Materials, 33:253–296. This report is comprised of the following sections and major parts: A. “Report of the Working Group on a Draft Statute for an International Criminal Court”; and B. “Draft Statute for an International Criminal Tribunal and Commentaries Thereto”; Part I. “Establishment and Composition of the Tribunal”; Part 2. “Jurisdiction and Applicable Law”; Part 3. “Investigation and Commencement of Prosecution”; Part 4. “The Trial”; Part 5. “Appeal and Review”; Part 6. “International Cooperation and Judicial Assistance”; and Part 7. “Enforcement of Sentences.” 2234. United States Congress (2002). Unilateral Enforcement of Immunity Before the International Criminal Court (ICC)/American Service Members’ Protection ACT (ASPA)/ Entry Into Force 2 August 2002. This is the document issued by the United States Congress that states that It is a fundamental principle of international law that a treaty is binding upon its parties only and that it does not create obligations for non parties without their consent to be bound. The United States is not a party to the Rome Statute and will not be bound by any of its terms. The United States will not recognize the jurisdiction the International Criminal Court over United States Nationals (n. p.).
Congress took this position for it was feared by some that due to the fact that the United States is the world’s sole superpower and thus involved in one way or another in various conflicts across the globe—often attempting to ameliorate them in some way—that its citizens—particularly military personnel—and leaders might be treated unfairly by those who look askance at U.S. power and/or its policies or actions.
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2235. van der Vyver, Johan D. (1999). “Prosecution and Punishment of the Crime of Genocide.” Fordham International Law Journal, 23(2):286–356. Part III of this book by van der Vyver, I.T. Cohen Professor of International Law and Human Rights at Emory University, focuses on the jurisdiction ratione materia of the ICC regarding the crime of genocide. 2236. Wedgwood, Ruth (1998). “Fiddling in Rome: America and the International Criminal Court.” Foreign Affairs, November/December, 77(6):20–24. Wedgwood, professor of Law at Yale University, discusses why the Clinton administration voted against the draft treaty to create the International Criminal Court (ICC), and how its lax and unprofessional behavior (including its habitual ambivalence and procrastination) prevented it from having a positive impact on the draft—including changes in the draft that were of concern to the United States (e.g., the exposure of U.S. troops and commanders to judgment by an international court free to decide for itself that which constitutes a “disproportionate use of force,” and hence a war crime). Wedgwood asserts that the result was “a case study in how not to conduct multilateral diplomacy” (p. 20). 2237. Wedgwood, Ruth (1999). “The United States and the International Criminal Court: Achieving a Wider Consensus Through the ‘Ithaca Package’.” Cornell International Law Journal, 32(3):535–541. Wedgwood delineates a proposed set of clarifying interpretations of the Rome Conference Treaty which “may provide a starting place for reconciliation between the United States and its treaty interlocutors, clarifying the intent of a number of treaty provisions through the mechanism of ‘binding interpretive statements’ by the Preparatory Commission (PrepCom)” (pp. 538–539). The aforementioned clarifications include the following: • “Make plain that all good faith military judgments will be protected” (p. 539); • “Make plain the right [of nations] to protect highly sensitive clarified information” (p. 539); • “Make plain that states that have not yet joined the Treaty are, like dissenting State Parties, also to be protected against disputed definitions of aggression and other charges in the Statute’s jurisdictional reach” (p. 540); • “It is crucial to make clear that third party provisions do not reach the official acts of constitutional democracies absent [U.N.] Security Council referral” (p. 54);
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• “U.S. troops deployed abroad should have the same protection [as those] troops [that] are garrisoned at home” (p. 541); and • “The PrepCom needs to provide assurances regarding the protection of Israel and its rule in the Middle East peace process” (p. 541). 2238. Weller, Marc (2002). “Undoing the Global Constitution: UN Security Council Action on the International Criminal Court.” International Affairs, 78(4):693–712. In his introduction, the author writes that On 1 July 2002, the Statute of the International Criminal Court (ICC) entered into force. . . . Throughout the past century, international constitutional structures had gradually emerged. These included the recognition that there exists an international legal community featuring legal rules applicable to all states, whether or not it can be demonstrated in relation to every one of them that they have specifically consented to these rules (general international law). The interests of the “international community as a whole” in the integrity of the legal system came to be reflected in the doctrine of jus cogens. According to this doctrine, no state can contract out of a common core of international legal rules, including the prohibition of the use of force and minimum rules for the protection of human beings. It was also accepted that all states have a legal interest in compliance with these core rules by all (erga omnes effect). Indeed, the international community as a whole is moving toward common action at the state level against violations of these rules. . . . Finally, through the doctrine of universality, all perpetrators of violations against certain core rules are threatened directly under international law, with individual criminal responsibility for their conduct. In relation to such offenses, any state can act as an agent of the international constitution and exercise jurisdiction on behalf of the international community as a whole. (p. 693) . . . The achievement of the 1998 Rome Conference that led to the adoption of the Statute is, of course, not free from controversy. To persuade hesitant or reluctant states to support the venture, a number of unhappy compromises had to be made. However, even after the conclusion of the negotiations, the United States launched an aggressive diplomatic campaign to undermine the core concepts that underpin the ICC. This campaign ranged from the deployment of national legislation against the Court, to the obstruction of crucial decisions of the UN Security Council and to pressure directed against individual states to contract out of the ICC regime they had just joined. (pp. 693, 694)
This essay is comprised of the following sections: I. Background to the Establishment of the ICC; II. Universality of Criminal Sanctions; III. International Law-Making and Institution Building; IV. Risk of Abuse of International Constitutional Authority; and V. US Action and the Response. 2239. Wexler, Lelia Sadat (1996). “The Proposed International Criminal Court: An Appraisal.” Cornell International Law Journal, 29(3):665–726.
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Wexler, professor of Law at Washington University in St. Louis and chair of the International Law Association (American Branch) Committee on a Permanent International Criminal Court, argues that the case for a permanent international criminal court is a compelling one. In her essay, she addresses the following: History (A. Efforts to Establish a Permanent International Criminal Court Prior to the Second World War; B. The Nuremberg Legacy; C. United Nations’ Efforts to Establish an International Criminal Court Following the Second World War); An Analysis of the 1994 ILC [International Law Commission] Pratt Statute for an International Criminal Court (A. General Features; B. Jurisdiction Rationae Materiae; C. Organs of the Court; D. Jurisdiction of the Court and the Initiation of Prosecution (1. Genocide; 2. Aggression; 3. Other Crimes); E. Investigation, Prosecution, and Trial; F. Judgment, Appeal, Revision; G. International Cooperation and Judicial Assistance); An Assessment of the Proposed Text (A. Why an International Criminal Court Should Be Established (1. State Sovereignty; 2. Effectiveness and Deterrence; 3. Complexity. 4. Counterproductiveness; 5. Absence of International Criminal Law); B. Particular Problems with the 1994 Draft Statute (1. Compensation and Tenure of the Judiciary; 2. The Semi-Permanent Nature of the Court; 3. The Role of the Court in Developing and Clarifying International Criminal Law; 4. State Consent to Jurisdiction; 5. The Relationship of the Court to the United Nations; 6. Jurisdiction Rationae Materiae)); and Conclusion. 2240. Wright, Quincy (1952). “Proposal for an International Criminal Court.” American Journal of International Law, 46:60–72. In his introduction, Wright, professor of Law at the University of Chicago, notes that The Committee on International Criminal Jurisdiction appointed by the General Assembly of the United Nations met in Geneva in August 1951. Its report, accompanied by a Draft Statute for an International Criminal Court, has been submitted to the governments of Member States for comment before June 1, 1952. The draft Statute and the comments thereon by governments will be reconsidered by the Seventh Assembly in 1952. (p. 60)
Among the issues Wright discusses are the following (all of which were posed as questions concerning the content of the report and draft): (1) The purpose of the international criminal court; (2) The appropriate procedures for establishing the court; (3) The proper scope of its jurisdiction; and (4) The law which it will apply. 2241. Zwanenburg, Marten (1999). “The Statute for an International Criminal Court and the United States: Peace Without Justice?” Leiden Journal of International Law, 12(1):1–7.
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In this editorial, Zwanenburg, who is on the board of the Leiden Journal of International Law, discusses the reasons why the United States did not support the Rome Treaty to establish an international criminal court, and examines the provisions of the Statute in light of the fears expressed by the United States—particularly that the Statute would allow prosecution of American peacekeepers for political instead of legal reasons. He concludes that not only is such a fear unjustified but that the United States’ position may have disastrous consequences for peacekeeping efforts.
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Non-governmental Organizations 2242. Accord (c/o Accord House, 2 Golf Course Drive, Mount Edgecombe 4300, South Africa). The African Centre for the Constructive Resolution of Disputes (ACCORD) is a South-African-based non-governmental conflict management organization working throughout Africa to bring appropriate African solutions to the challenges posed by conflict on the African continent. The model is based on “three pillars”: intervention, training, and research. The current focus of ACCORD’s programs are: conflict analysis and research; public sector conflict management training; track two diplomacy initiatives on the continent; peacekeeping training program in all the Southern African Development Community (SADC) countries; training for women in the Great Lakes and Horn of Africa regions; a Preventive Action program in SADC; and a program that studies Constitutionalism in Africa. Recognized by the United Nations as a model for Africa, the knowledge and experience of the organization is often called on from as far afield as East Timor. 2243. Aegis Trust (P.O. Box 2002, Newark, Nottinghamshire NG22 9ZG, England). Aegis Trust is a non-sectarian, non-governmental organization registered in the United Kingdom. Aegis Trust is a genocide prevention initiative that aims to promote a fundamental change in the response to genocidal 1087
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situations, moving from reactive measures to policies of prevention. Aegis Trust, currently administered from the Beth Shalom Holocaust Centre, will ultimately be housed in a permanent institute, based in the planned Centre for Humanity. 2244. The Campaign to End Genocide (c/o The World Federalist Association, 420 Seventh Street, SE, Washington, D.C. 20003). An initiative of the World Federalist Association, the Campaign to End Genocide is a broad-based, grassroots-oriented effort to establish both the international institutions and political will necessary to prevent and stop genocide. The Campaign to End Genocide has six goals: 1. creation of effective early-warning structures within the UN for the purpose of assessing warning signs of violent conflict and genocide—before the genocide starts; 2. reform of UN decision-making structures so that action to prevent or stop genocide cannot be blocked by the Security Council veto; 3. establishment of a powerful and effective United Nations rapid response capacity for all peace operations; 4. full and timely payment of UN assessments and reliable funding for UN peacekeeping missions; and 5. creation of the political will to support government efforts to take effective action to prevent and stop genocide. 2245. Carnegie Commission on Preventing Deadly Conflict (c/o Carnegie Corporation of New York, 437 Madison Avenue, New York, NY 10022). The Carnegie Corporation of New York established the Carnegie Commission on Preventing Deadly Conflict in May 1994 to address the looming threat to world peace of intergroup violence and to advance new ideas for the prevention and resolution of deadly conflict. It has a membership of sixteen eminent international leaders and scholars with long experience in conflict prevention and resolution. The commission studies the principal causes of deadly ethnic, nationalist, and religious conflicts within and between states and the circumstances that foster or deter their outbreak. Taking a long-term, worldwide view of violent conflicts that are likely to emerge, it seeks to determine the functional requirements of an effective system for preventing mass violence and to identify the ways in which such a system could be implemented. The commission looks at the strengths and weaknesses of various international entities in conflict prevention and considers ways in which international organizations might contribute toward developing an effective international system of nonviolent problem solving. 2246. Carr Center for Human Rights Policy (John F. Kennedy School of Government, 79 JFK Street, Cambridge, MA 02138).
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“The mission of the Carr Center is to train future leaders for careers in public service and to apply research to the solution of public policy problems. Its mission of research, teaching, and writing is guided by a commitment to make human rights principles central to the formulation of good public policy in the United States and throughout the world. “Since its founding in 1999 through a gift from Kennedy School (Harvard University) alumnus Greg Carr, the Center has developed a unique focus of expertise on the most dangerous and intractable human rights challenges of the new century, including genocide, mass atrocity, state failure, and the ethics and politics of military intervention. “In approaching such challenges, the Carr Center seeks to lead public policy debate, to train human rights leaders, and to partner with human rights organizations to help them respond to current and future challenges. Recognizing that the solutions to such problems must involve not only human rights actors, but governments, corporations, the military, and others not traditionally conceived of as a part ‘human rights’ efforts, it seeks to expand the reach and relevance of human rights considerations to all who influence their outcomes.” 2247. Center for International Development and Conflict Management (CIDCM) (c/o University of Maryland, 0145 Tydings Hall, College Park, Maryland 20742). CIDCM conducts university programs in the field of conflict management and mediation. CIDCM also conducts early-warning research, including: the Minorities at Risk project, which tracks and analyses the status and political activities of some three hundred politically active communal groups throughout the world; and the Global Event Data System, which identifies and codes conflictual and cooperative political events as reported in a variety of news sources. Theory building, policy outreach, and linking development with conflict management are the three core elements of CIDCM’s work. The center is composed of a diverse and expert team on protracted conflict management and resolution, economic development, human rights, ethics, and religious tolerance. CIDCM’s core program seeks to systematically link the center’s work with that of other research centers, governmental organizations, and actors in regions of conflict. With a combination of rigorous empirical research and hands-on training, CIDCM supports both policymakers (Track I) and non-governmental activists and organizations (Track II) engaged in preventive diplomacy, early warning and conflict management. 2248. Center for Strategic and International Studies (CSIS) (Center for Strategic and International Studies, 1800 K Street, NW, Washington, DC 20006).
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CSIS is dedicated to providing world leaders with strategic insights on —and policy solutions to—current and emerging global issues. CSIS is comprised of 190 researchers and support staff that focus primarily on three subject areas. First, CSIS addresses the full spectrum of new challenges to national and international security. Second, it maintains resident experts on all of the world’s major geographical regions. Third, it is committed to helping to develop new methods of governance for the global age; to this end, CSIS has programs on technology and public policy, international trade and finance, and energy. 2249. The Centre for Conflict Research (P.O. Box 72321, Nairobi, Kenya). “The Centre for Conflict Research (CCR) was established in 1996 by a group of academics interested in research and training on Conflict Management/Conflict Analysis. The philosophy that inspires the CCR is that effective management is only possible where more and more people are familiar with conflict, its identity, analysis, and process of management. Towards this end, the CCR carries out high level research and training in the fields of conflict analysis and management, and disseminates its findings through the publication of books, working and occasional papers, and reports. The CCR is regional in scope and its work focuses on the Horn of Africa, the Great Lakes region, and on the role of regional and sub-regional organizations in the management of conflicts in Africa.” 2250. The Centre for Conflict Resolution (c/o University of Cape Town, Rhodes Gift Post Office 7707, South Africa). The mission of the Centre for Conflict Resolution is to contribute towards a just and sustainable peace in South Africa and other African countries by promoting constructive, creative, and co-operative approaches to the resolution of conflict and the reduction of violence. Among its many goals are: to provide third-party assistance in the resolution of community and political conflict and to participate in national and regional peace initiatives. 2251. Coalition for International Justice (CIJ) (CIJ, National Press Building, 529 14th St, NW Suite 1187, Washington, D.C. 20045). The Coalition for International Justice (CIJ) is an international, non-profit organization that supports the international war crimes tribunals for Rwanda, the former Yugoslavia, and Sudan. It also has justice initiatives in East Timor, Sierra Leone, and Cambodia. CIJ initiates and conducts advocacy and public education campaigns, targeting decision makers in Washington and other capitals, media, and the public. Working with other non-governmental organizations in Washington and elsewhere, CIJ helps focus and maximize the impact of individual and collective advocacy. In the field, CIJ provides
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practical assistance on legal, technical, and outreach matters to the tribunals and other justice initiatives. CIJ has offices in Washington and The Hague, and contracted employees in East Timor. 2252. The Committee on Conscience (United States Holocaust Memorial Museum, 100 Raoul Wallenberg Place SW, Washington, D.C. 20024-2126). When the President’s Commission on the Holocaust recommended the creation of a living memorial to the victims of the Holocaust, it observed that no issue “was as perplexing or as urgent as the need to insure that such a totally inhuman assault as the Holocaust—or any partial version thereof—never recurs.” To address that need, the commission recommended the creation of a Committee on Conscience, which the United States Holocaust Memorial Council unanimously approved shortly after the Museum opened. The Committee on Conscience Mandate is to “alert the national conscience, influence policy makers, and stimulate worldwide action to confront and work to halt acts of genocide or related crimes against humanity.” In carrying out its mandate, the committee uses a wide range of actions including public programs and activities, temporary exhibitions and public or private communications with policy makers. It seeks to work whenever possible with other governmental and non-governmental organizations. “In order to allow the committee to take up situations in a timely manner, the agency uses graduated categories of urgency: watch (the circumstances indicate a serious potential for the eruption of mass violence that would be within the committee’s mandate); warning (organized violence is underway that threatens to become genocide or related crimes against humanity); and emergency (acts of genocide or related crimes against humanity are occurring or immediately threatened).” 2253. CUSHRID NET (c/o American Association for the Advancement of Science (AAAS), 1200 New York Avenue, NW, Washington, D.C. 20005). CUSHRID Net was developed to facilitate the exchange of ideas and information between human rights organizations; the establishment of uniform standards for human rights documentation, information management and exchange; the development of co-operative projects in the areas of documentation and information management to avoid duplication; training in various aspects of documentation and information management; and contacts and exchanges with information and documentation networks in other parts of the world. Among the human rights organizations on the CUSHRID Net’s steering committee are: AAAS Science and Human Rights Program, Human Rights Information and Documentation Systems International (HURIDOCS), Amnesty International, Human Rights Watch, and The International
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Center for Human Rights and Democratic Development. In all, over forty human rights organizations belong to CUSHRID NET. 2254. EU Conflict Prevention Network (Commission Européene, B-1049 Brussels, Belgium) The purpose of the EU Conflict Prevention Network is “to support, rather than supplant efforts of those directly involved in a potential conflict. In doing so, the EU has the following at its disposal: development co-operation and external assistance, trade policy instruments, humanitarian aid, social and environmental policies, diplomatic instruments and political dialogue, co-operation with international partners and NGOs, as well as the new instruments in the field of crisis management.” The four main objectives of the Conflict Network are: “1. make more systematic and co-ordinated use of EU instruments to get at the root causes of conflict; 2. improve the efficiency of actions targeting specific causes of conflict; 3. improve EU capacity to react quickly to nascent conflicts; and 4. promote international co-operation with all EU’s partners (partner countries, NGOs, international organizations such as UN, G8, OSCE, ICRC as well as other regional organizations).” 2255. European Platform for Conflict Prevention and Transformation (EPCPT) | (Altensteinstrafle 48a D-14195 Berlin). The purpose of the European Platform is to “network peaceful conflict management initiatives” at the European level and worldwide. The European Centre for Conflict Prevention in Utrecht (NL) acts as secretariat of the European Platform. 2256. FAST (Gerechtigkeitsgasse 12, PO Box 3000 Bern 8, Switzerland). FAST is the early-warning project of the Swiss Peace Foundation. It is an independent early warning program covering twenty countries/regions in Africa, Europe and Asia. Its objective is early recognition of impending or potential crisis situations for the purpose of early action and conflict prevention. FAST aims at enhancing the political decision makers’ ability to identify critical developments in a timely manner in order to formulate coherent political strategies to either (a) prevent or limit destructive effects of violent conflict, or (b) recognize windows of opportunities for peace building. The program is funded and utilized by an international consortium of development agencies consisting of the Austrian Development Agency (ADA), Canadian International Development Agency (CIDA), Swedish International Development Cooperation Agency (Sida), Swiss Agency for Development
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and Cooperation (SDC), and the United States Agency for International Development (USAID). The Center’s aim is to promote a coherent peace policy between Swiss authorities, aid agencies, and other NGOs. Among the unique features of FAST are the following: • Combined methodology. Believing in a comprehensive approach and the benefits of using multiple methods, FAST combines qualitative and quantitative elements in its methodology; • Customized products. FAST’s products are constructed in a way to serve the diverse needs of clients (e.g., state authorities, non-state actors such as NGOs, and/or private business companies) as a decision-making instrument or as a comparative analysis tool to existing in-house earlywarning mechanisms; • Focus of warning. FAST does not restrict itself to anticipating any specific type of armed conflict (e.g., ethno-rebellion, genocide) since most decision makers are generally tasked with preventing and responding to complex multidimensional humanitarian disasters without trying to force them into specific categories. FAST monitors the potential for both shortand/or long-term crises as well as structural and operational strategies for conflict prevention; • Exchange with decision makers. FAST aims at close contact with decision makers (currently the Swiss Agency for Development and Cooperation) through joint meetings and consultations and thus minimizes the warning-response gap; • Geographical Scope: FAST presently focuses on the following regions: Southern Africa, Central Asia and South Asia. Depending on customer’s needs, other countries or regions can be added easily; and • Political neutrality. As FAST is hosted by a NGO, it enjoys a level of political independence which in-house early-warning mechanisms generally lack. In addition, FAST does not focus on advocacy but simply provides independent analysis, case scenarios, and policy options. 2257. Forum on Early Warning and Early Response (FEWER) (FEWER, Old Truman Brewery, 91-95 Brick Lane, London E1 6QN, United Kingdom;
[email protected]). The Forum on Early Warning and Early Response (FEWER) is a coalition of organizations from across the globe dedicated to providing early warnings vis-à-vis violent conflict and addressing the issue of peace-building. Members of the network are based across the globe, including the Caucasus, Central Asia, the Great Lakes area in Africa, and Southeast Asia. Additionally, members conduct research into various areas, including conflict prevention.
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2258. Genocide Watch (P.O. Box 809, Washington, D.C. 20044). Genocide Watch was organized in 1998 to coordinate the International Campaign to End Genocide, a coalition of human rights, legal, religious, and civil society organizations dedicated to creating the political will and the international institutions necessary to end genocide. Genocide Watch is concerned with all forms of mass murder, not only killing legally defined as genocide. The International Campaign was launched by ten organizations at the Hague Appeal for Peace in 1999. Genocide Watch maintains the Campaign’s website, handles fund-raising, disseminates a monthly news digest, and sponsors training programs and conferences. It also proposes Genocide Alerts to the Campaign’s members and acts on them with other groups, who join in Crisis Groups to lobby governments and international organizations to take action to prevent and stop genocide. Genocide Watch is working towards the development of an effective international early warning system and a rapid response force, and is also involved in public education and action projects to prevent genocide. 2259. Gesellschaft fur Bedrohte Vollker (in English—Society of Threatened Peoples), Duestere strasse 20A, P. O. Box 2024, D-3400 Goettingen, Germany. Fax: 49-551-58028). The main focus of the work of the Society for Threatened Peoples includes continuous distribution of information about the situation of persecuted and threatened peoples. It carries out its work via press releases and conferences, its journal Pogrom, its campaign leaflet “Bedrohte Völker Aktuell” (“News About Threatened Peoples“), appeals, demonstrations, and protest actions. The Society for Threatened Peoples supports political refugees and members of minorities in applying for political asylum status by providing expertise, and provides background information for solicitors and courts. The Society for Threatened Peoples also provides representatives of minorities a forum through press conferences, conventions, and/or panel discussions. The political human rights work is supplemented by attempts to influence members of Parliament, governments, political parties, churches and institutions. Much time is also spent in advising journalists, publishers, publishing houses, solicitors, and relief agencies. 2260. Human Rights Internet—also known as Internet: International Human Rights Documentation Network (c/o Human Rights Centre, University of Ottawa, 57 Louis Pasteur, Ottawa, Ontario KlN 6NF Canada. FAX: 613564-4054. Founded in 1976, HRI is a leader in the exchange of information within
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the worldwide human rights community. HRI is dedicated to the empowerment of human rights activists and organizations, and to the education of governmental and intergovernmental agencies and officials and other actors in the public and private sphere on human rights issues. Launched in the United States, HRI has its headquarters in Ottawa, Canada. From Ottawa, HRI communicates by phone, fax, mail and the Internet with more than five thousand organizations and individuals around the world working for the advancement of human rights. 2261. Human Rights Watch (350 Fifth Avenue, 34th Floor, New York, NY 10118-3299). Human Rights Watch (HRW) is dedicated to protecting the human rights of people around the world. It investigates and exposes human rights violations and works to hold abusers accountable. It challenges governments and those who hold power to end abusive practices and respect international human rights law. It has conducted numerous investigations into genocidal incidents and has produced important publications on various acts of genocide. Following the publication of its reports and studies, HRW meets with government officials to urge changes in policy and practice—at the United Nations, the European Union, and capitals around the world. In extreme circumstances, HRW presses for the withdrawal of military and economic support from governments that egregiously violate the rights of their people. “HRW was among the first to call for an international war crimes tribunal for the former Yugoslavia and has worked extensively with the tribunal’s investigators and prosecutors. Six of the seven counts on which the tribunal finally indicted Yugoslav President Slobodan Milosevic in 1999 were cases that HRW had documented in Kosovo. HRW also provided extensive evidence of human rights abuse to the war crimes tribunal for Rwanda, where genocide in 1994 killed approximately eight hundred thousand people. It provided testimony and legal analysis that helped convict several genocidaires. HRW also played an active role in the legal action against former Chilean dictator Augusto Pinochet in London and helped to buttress the principle that even former heads of state can be held accountable for the most heinous human rights crimes. The ‘Pinochet precedent’ has established that dictators who block their prosecution at home can be tried anywhere in the world. HRW also took the lead in organizing a global campaign for the express purpose of ratifying the treaty for a permanent international court (the International Criminal Court) to prosecute those accused of genocide, war crimes and crimes against humanity.”
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2262. The Inforce Foundation (c/o The Centre for Forensic Science, Technology and Law, Bournemouth University, Talbot Campus, Poole, Dorset, BH 12 5BB, UK). The Inforce Foundation states that its mission is “to provide a centre of expertise for the location, recovery and identification of victims of atrocities on a world-wide basis. To enable legitimate legal authorities to proceed with the prosecution of alleged perpetrators. To satisfy the humanitarian need of families and communities to bury their dead. To provide education for practitioners and as a means of empowering survivor groups.” The Inforce Foundation is comprised of a group of forensic scientists and lawyers “who are united in their goal to use their knowledge and expertise to investigate crimes against humanity, war crimes and genocide in a manner that serves justice and humanitarian needs. Inforce personnel are also committed in their desire to work as a part of the growing international community concerned to prevent future genocide.” 2263. Institute on the Holocaust and Genocide (P.O. Box 10311, Jerusalem 93624, Israel). The Institute on the Holocaust and Genocide was founded in 1979 by Dr. Israel W. Charny for the express purpose of bringing together various fields of scholarship and professions to form an interdisciplinary network to study and prevent genocide. Among its many pioneering activities include the following: the development of an international newsletter (Internet on the Holocaust and Genocide), which, during its lifetime, published news of current activities, projects, publications, and research for use by the community of individuals and disciplines concerned with the study and prevention of genocide; the development and publication of a highly acclaimed critical bibliographic series on genocide; the development of a model for a genocide early warning system; the development and publication of the first encyclopedia of genocide; and the co-development of an international organization (International Association of Genocide Scholars) committed to the study and prevention of genocide. 2264. Institute for the Study of Genocide (John Jay College of Criminal Justice (City University of New York, 899 10th Avenue, Room 623, New York, New York 10019). The Institute for the Study of Genocide promotes and disseminates scholarship and policy analyses on the causes, consequences, and prevention of genocide. It hosts working conferences on various aspects of genocide (including those related to the issues of prevention and intervention), conducts and publishes research on various aspects of genocide, and publishes a quarterly newsletter (The ISG Newsletter).
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2265. Instituto De Enseñanza Para el Desarrollo Sostenible (IEPADES) (11 Evenida 14-66, Zona 10, Guatemala City 01010, Guatemala). “IEPADES was founded in January 1990 and received official NGO status in May 1996. Its overall goal is to transform the socio-economic structure and to rebuild the social and cultural fabric of Guatemala. IEPADES supports transformation and rebuilding through projects of investigation and action, in political, economic and social sciences, through productive training and investment, and by developing and increasing the quality of life in underprivileged sectors of society, which in many cases face extreme poverty. IEPADES works for building peace and democracy, based on social justice and community self-management.” 2266. International Alert (IA) (1 Glyn Street, London SE11 5HT, United Kingdom). International Alert (IA) is a non-governmental organization based in Great Britain. The organization was established in 1985 by human rights advocates, including Martin Ennals, former secretary general of Amnesty International, and Leo Kuper, a pioneer of genocide studies. The creation of the organization was a response to the rise in violent conflict within countries and the subsequent abuse of individual and collective human rights in conflict situations. IA’s mission is “To address the root causes of violence and contribute to the just and peaceful transformation of violent internal conflict.” In that regard IA seeks “to strengthen the ability of people in conflict situations to make peace by: facilitating dialogue at different levels and sectors of society in conflict; helping to develop and enhance local capacities—through, for example, funding or training; facilitating peace-oriented development work amongst grassroots organizations and local peace-building initiatives; and encouraging the international community to address the structural causes of conflict.” 2267. International Association of Genocide Scholars (IAGS) (c/o IAGS Secretary-Treasurer, at POB 86193, Tuscaloosa, AL. 35486-0015). The International Association of Genocide Scholars is a global, interdisciplinary, non-partisan organization that seeks to further research and teaching about the nature, causes, and consequences of genocide, and advance policy studies on prevention of genocide. Founded in 1994, IAGS meets biennially “to consider comparative research, important new works, case studies, the links between genocide and gross human rights violations, and prevention and punishment of genocide.” Membership is open to scholars, graduate students, and other interested persons worldwide.
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2268. International Crisis Group (149 Avenue Louise, 1050 Brussels, Belgium; 400 Madison Avenue, Site 11C, New York, NY 10017; 1522 K Street, Suite 200, Washington, D.C. 20005; and 51 rue Jean-Jacques Rousseau, 75001 Paris, France). The International Crisis Group (ICG) is a private, multinational organization committed to strengthening the capacity of the international community to anticipate, understand and act to prevent and contain conflict. ICG’s approach is grounded in field research. Teams of political analysts, on the ground in countries at risk of conflict, gather information from a wide-range of sources, assess local conditions and produce regular analytical reports containing practical recommendations targeted at key international decision makers. ICG’s reports are distributed widely to officials in foreign ministries and international organizations and made available on the organization’s Web site, http://www.crisisweb.org. ICG works closely with governments and those who influence them, including the media, to highlight crisis analysis and to generate support for its policy prescriptions. THE ICG board, which includes prominent figures from the fields of politics, diplomacy, business, and the media, is directly involved in helping to bring ICG recommendations to the attention of senior policy-makers around the world. ICG’s international headquarters are located in Brussels, with advocacy offices in Washington, D.C., New York and Paris. 2269. International Helsinki Federation for Human Rights (c/o IHF, Wickenburgg. 14/7, A-1080 Vienna, Austria). “The International Helsinki Federation for Human Rights (IHF) is a selfgoverning group of non-governmental, not for profit organizations that act to protect human rights throughout Europe, North America, and Central Asia. A primary specific goal is to monitor compliance with the human rights provisions of the Helsinki Final Act and its Follow-up Documents. A secretariat based in Vienna supports and provides liaison among forty-two member Helsinki committees and associated human rights groups, and represents them at the international political level. The IHF also has direct links with individuals and groups supporting human rights in countries where no Helsinki committees exist. In addition to gathering and analyzing information on human rights conditions in OSCE participating States, the IHF acts as a clearing house of this information, disseminating it to governments, inter-governmental organizations, the press and the public at large. The IHF is even-handed in its criticism of human rights violations with respect to the political systems of states in which these abuses occur.”
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2270. The International Institute for Democracy and Electoral Assistance (IDEA) (International IDEA, Strömsborg, SE-103 34 Stockholm, Sweden). Established in 1995, IDEA is an intergovernmental organization with member states from all continents with a mandate to support sustainable democracy worldwide. More specifically, IDEA’s main goals are: assist countries to build the capacity to develop and strengthen democratic institutions; provide a forum for dialogue between academics, policy makers, and practitioners around the world; synthesize research and field experience and develop practical tools to help improve democratic processes; promote transparency, accountability, and efficiency in election management; and facilitate in-country democracy assessment, monitoring, and promotion by local citizens. IDEA operates as an interface between those who analyze and monitor trends in democracy and those who engage directly in political reform or act in support of democracy at home and abroad. IDEA works with both new and long-established democracies, helping to develop and strengthen the institutions and culture of democracy. It operates at the international, regional and national levels, working in partnership with a range of institutions. 2271. Joan B. Kroc Institute for International Peace Studies (100 Hesburgh Center for International Studies, University of Notre Dame, P.O. Box 639, Notre Dame, IN 46556-0639). Founded in 1986, the Joan B. Kroc Institute for International Peace Studies conducts research, education, and outreach programs on the causes of violence and the conditions for sustainable peace. More specifically, the institute’s research agenda focuses on the religious and ethnic dimensions of conflict and peace-building; the ethics of the use of force; and the peacemaking role of international norms, policies and institutions, including a focus on economic sanctions and enforcement of human rights. In addition to individual research by faculty in a wide range of disciplines, the institute organizes collaborative research projects on these themes. The institute’s Master of Arts program equips scholar-practitioners with theoretical and practical skills needed for diverse careers in peace-building. 2272. Montreal Institute for Genocide and Human Rights Studies (MIGS) (c/o Concordia University, 1455 De Maisonneuve Blvd. West, Montreal, Quebec, Canada H3G 1M8). The Montreal Institute for Genocide and Human Rights Studies (MIGS) was founded in 1986, and is based in the departments of History and So-
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ciology at Concordia University. It collects and disseminates knowledge conducted by researchers that focuses on the historical origins of genocide. It publishes “Occasional Papers” on various aspects of genocide, including those pertaining to prevention and intervention. 2273. Peace Implementation Network (c/o Programme for International Peace Co-operation and Conflict Resolution, Fafo, Institute for Applied Social Science, P. O. Box 2947, Tøyen N-0608 Oslo, Norway). The Peace Implementation Network (PIN) explores the policies and practices of international assistance in support of the implementation of peace agreements. The objectives of PIN are to strengthen international assistance in post-conflict situations through dialogue in light of international experiences of the past decade. Launched in March 1998, PIN facilitates thematic meetings, or Forums, involving peace implementation practitioners—decision makers, policy makers, planners, and managers with experience of the implementation of international assistance in post-conflict situations. These practitioners include foreign ministry officials, representatives of bilateral aid agencies, officials of multilateral organizations (IMF, UN, World Bank, etc.), and project managers from both donor and recipient countries. The aim is to help strengthen international multilateral action by exploring practical options for making international assistance more effective, more responsive and more appropriate. PIN’s Forums facilitate discussions of the policies and practices of implementation from a comparative “lessons-learned” perspective. 2274. The PIOOM Foundation (c/o LISWO—Centre for the Study of Social Conflicts, Leiden University, Wassenaarseweg 52, NL-2333 AK Leiden). The PIOOM Foundation is a non-partisan Dutch-based non-profit research organization that promotes, supports, and conducts interdisciplinary research on causes of gross violations of human rights. PIOOM has links with the UN Rapporteur on Torture, the UN Voluntary Fund for Victims of Torture, the UN Development Programme, the UN International Scientific and Professional Advisory Council, Dutch policy makers, Amnesty International and the European Union. The scope of the projects covered by PIOOM is worldwide, but with a special regional and East-European focus. Interethnic relations as such are not dealt with specifically by PIOOM but by LISWO, the parent research institute. PIOOM focuses particular attention on the conflict escalation potential of intra-state tensions. One of its major ongoing projects is the “Early Warning System on Conflict Escalation” project.
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2275. U.S. Committee for Refugees and Immigrants (1717 Massachusetts Avenue, NW, Suite 200, Washington, DC 20036). The primary mission of the U.S. Committee for Refugees and Immigrants is addressing the needs and rights of persons in forced or voluntary migration situations worldwide by advancing fair and humane public policy, facilitating and providing direct professional services, and promoting the full participation of migrants in community life. 2276. Watson Institute for International Studies (Brown University, Box 1970, Providence, RI 02912-1970). The Watson Institute’s mission and scope include support of multidisciplinary research, teaching, and public education on international affairs. The Watson Institute is organized into four major research programs: global environment; global security; political economy and development; and politics, culture, and identity. In addition, it houses instructional programs in international relations and development studies as well as Latin American, Middle East, and South Asian studies. The Institute promotes the work of students, faculty, visiting scholars, and policy practitioners who analyze and develop initiatives to address contemporary global problems Government-Affiliated/Sponsored Organizations 2277. The Pearson Peacekeeping Centre and the New Peacekeeping Partnership (Cornwallis Park, PO Box 100, Clementsport, Nova Scotia, BOS 1E0, Canada). The Centre was established by the Government of Canada in 1994 and is funded, in part, by the Department of Foreign Affairs and International Trade and the Department of National Defence of Canada. The mission of the Pearson Peacekeeping Centre (PPC) is to support the Canadian contribution to international peace, security, and stability through the conduct of research, education, and training in all aspects of peacekeeping. To guide its activities, the PPC has developed the concept of the New Peacekeeping Partnership, the term applied to those organizations and individuals that work together to improve the effectiveness of modern peacekeeping operations. It includes those military, civil police, government, and non-government agencies dealing with human rights and humanitarian assistance, diplomats, the media, and, organizations sponsoring development and democratization action programs. The Pearson Peacekeeping Centre offers a multifaceted curriculum via an extensive schedule of conferences, seminars, workshops, training, and
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educational courses. The PPC also sponsors field research with deployed peacekeeping missions and a Visiting Scholar Program. It also functions as an information clearing house and research centre. Researchers in any peacekeeping-related discipline can arrange for access to the centre’s archives. The PPC also conducts a sizable and active internship program that allows students to gain valuable experience while learning more about peacekeeping. It also has a publishing arm, The Canadian Peacekeeping Press, that publishes information on various aspects of peacekeeping, many of which are either directly or indirectly related to genocide. 2278. United States Institute of Peace (1200 17th Street NW, Washington, D.C. 20036). The United States Institute of Peace (USIP) is an independent, nonpartisan federal institution that was created by the U. S. Congress to promote the prevention, management, and peaceful resolution of international conflicts. Established in 1984, USIP meets its congressional mandate through an array of programs, including research grants, fellowships, professional training, education programs from high school through graduate school, conferences and workshops, library services, and publications. The Institute’s board of directors is appointed by the president of the United States and confirmed by the U.S. Senate. Among USIP’s many programs is the Rule of Law Program. This program “seeks to build upon and refine principles on the rule of law articulated by various international bodies and to provide practical guidance for their implementation. The program is based on the premise that adherence to the rule of law entails far more than the mechanical application of static legal technicalities; it requires an evolutionary search for those institutions and processes that will best bring about authentic stability through justice. Among the projects included under the umbrella of the Rule of Law Program are those that deal with ‘transitional justice,’ ‘justice and reconciliation projects,’ war crime and humanitarian law, constitution-making and national reconciliation, and international sources for rule of law principles.” Intergovernmental Organizations 2279. Conflict Prevention Network (CPN) (c/o Chaussée de Vleurgat 159, B1050 Brussels, Belgium). The Conflict Prevention Network (CPN) has the task of providing the
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European Commission and the European Parliament with analyses and policy options vis-à-vis potential conflicts. CPN, established in January 1997, consists of a network of research institutes, non-governmental organizations, and individual experts. Because CPN is part of the EU’s policymaking structure (it forms part of the Analysis and Evaluation Centre), its policy advice is confidential. However, CPN also organizes public seminars and distributes some of its information to the wider public. It executes its task in cooperation with the Stiftung Wissenschaft und Politik (SWP) in Ebenhausen, Germany. 2280. North Atlantic Treaty Organization (NATO) (NATO Headquarters, Blvd Leopold III, 1110 Brussels, Belgium). NATO is an intergovernmental organization that is an alliance of twenty-six countries from North America and Europe committed to fulfilling the goals of the North Atlantic Treaty signed on April 4, 1949. In accordance with the treaty, the fundamental role of NATO is to safeguard the freedom and security of its member countries by political and military means. Throughout the 1990s, NATO played an increasingly important—and, at times, controversial—role in crisis management and peacekeeping. All member countries that participate in the military aspect of the Alliance contribute forces and equipment that constitute its integrated military structure. These forces and assets remain under national command and control until a time when they are required by NATO for a specific purpose (i.e., conflict, crisis, or peacekeeping). NATO, however, does possess some common capabilities owned and operated by the Alliance, such as the AWACS early warning radar aircraft. Its member nations allocate the resources needed to enable it to function on a day-to-day basis. There are three budgets: one civil and two military. 2281. The Organization for Security and Cooperation in Europe (OSCE) (OSCE Secretariat, Kärnter Ring 5-7, 4th Floor, 1010 Vienna, Austria). OSCE is the largest regional security organization in the world with fiftyfive participating states from Europe, Central Asia, and North America. It is active in early warning, conflict prevention, crisis management, confidence building, norm development, and post-conflict rehabilitation. The OSCE reports that its approach to security “is comprehensive and cooperative: comprehensive in dealing with a wide range of security related issues including arms control, preventive diplomacy, human rights, democratization, election monitoring, and economic and environment security; co-operative in the sense that all OSCE participating States have equal status, and decisions are based on consensus.”
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The Organization employs about four thousand staff in more than twenty missions and field activities located in Southeastern Europe, the Caucasus, Eastern Europe, and Central Asia. They work “on the ground” to facilitate political processes, prevent or settle conflicts, and promote civil society and the rule of law.
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20 Education and Training
2282. Apsel, Joyce (Ed.) (2005). Darfur: Genocide Before Our Eyes. New York: The Institute for the Study of Genocide. 81 pp. This book is comprised of the following chapters: “Teaching about Darfur through the Perspective of Genocide and Human Rights” by Joyce Apsel; “Evolution of Conflict and Genocide in Sudan: A Historical Survey” by Jerry Fowler; “Darfur: Genocide Before Our Eyes” (provides an analysis of the genocide taking place in Darfur and the Government of Sudan’s choke-hold on humanitarian efforts) by Eric Reeves; “Twelve Ways to Deny a Genocide” by Gregory Stanton; “Investigating Allegations of Genocide in Darfur: The US Atrocities Documentation Team and the UN Commission of Inquiry” by Eric Markusen and Samuel Totten; and “The Human Impact of War in Darfur” by Jennifer Leaning. 2283. Charny, Israel W. (1991). “Genocide Intervention and Prevention.” (1991). In William S. Parsons and Samuel Totten (Ed) Special Issue (“Teaching About Genocide”) of Social Education, February, 55(2). This essay, by the director of the Institute on the Holocaust and Genocide in Jerusalem, Israel, is comprised of the following sections: Fighting Genocide, Rationalizing Genocide, Proposal for a World Genocide Early Warning System Foundation, Genocide Early Warning Process, and Similar Proposals for Preventing Genocide. 2284. Coleman, Christopher (1991). “International Peace Academy: A Case Study,” pp. 90–91. In Sundeep Waslekar (Ed.) The New World Order. Delhi: Konark Publishers. 1105
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Addresses the focus and methodology of the New York-based International Peace Academy. The express purpose of the academy’s seminars is to provide an understanding of the relationship between peacekeeping and peacemaking. The participants are initially provided with a thorough grounding in key theoretical concepts and then move from theory to practice via simulation exercises. 2285. Fink, Sheri (1996). “The Anti-Genocide Movement on American College Campuses: A Growing Response to the Balkan War,” pp. 313–349. In Thomas Cushman and Stjepan G. Mestrovic (Eds.) This Time We Knew: Western Responses to Genocide in Bosnia. New York: New York University Press. In her discussion, Fink addresses the following: the sparks that ignited the activists (e.g., an awareness of genocide, and a unique Muslim-Jewish cooperative effort to reach out to the larger community); the central issues the “movement” addressed (e.g., the genocide itself, the right of the victims to defend themselves); the opposition faced by the activists (e.g., “false neutrality” by many students, wariness of being involved in political action); the major obstacles to action (academia’s apathy, lack of faculty interest, inaction of political leaders); the organizational structure in the electronic age; and the “movement’s” impact. 2286. Freedman-Apsel, Joyce, and Fein, Helen (Eds.) (1992). Teaching About Genocide: A Guidebook for College and University Teachers: Critical Essays, Syllabi and Assignments. New York: Institute for the Study of Genocide. 102 pp. This booklet includes introductory essays on various issues related to the teaching of genocide by university and college professors (most of whom teach in North American institutions), as well as teaching syllabi from various academic disciplines. The following syllabi address, in part, issues germane to the prevention and intervention of genocide: “Comparative Study of Genocide” by Richard Hovannisian; “The History and Sociology of Genocide” by Frank Chalk and Curt Jonassohn; “Human Destructiveness and Politics” by Roger W. Smith; “Genocide and ‘Constructive’ Survival” by Ron Baker; “Genocide and Ethnocide” by Rhoda E. Howard and “The Comparative Study of Genocide” by Leo Kuper. 2287. Freedman-Apsel, Joyce, and Fein, Helen (Eds.) (2002). Teaching About Genocide: An Interdisciplinary Guidebook with Syllabi for College and University Teachers. New York: Institute of the Study of Genocide in cooperation with the American Sociological Association. 214 pp. This revised edition is comprised of the following sections: Introductory Materials ( “Reflections on Studying Genocide for Three Decades” by Helen
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Fein, and “Teaching About Genocide: Course Syllabi and Other Teaching Resources” (Study Questions, Topic Reports, Research, Exams, and Bibliography)); Armenian Genocide; Holocaust; Genocide and Holocaust; Genocide; and Genocide, Human Rights, and International Affairs. Among some of the many contributors to the volume are: Robert Melson (Purdue University); Alex Hinton (Rutgers University); René Lemarchand (University of Copenhagen); Mark Levene (University of Warwick, United Kingdom); Roger W. Smith (College of William and Mary); Alex Alvarez (Northern Arizona University); Bernard F. Hamilton (University of London); Rhoda E. Howard-Hassmann (McMaster University, Canada); and Morton Winston (The College of New Jersey). 2288. Hirsch, Herbert (1995). “Where Do We Go From Here? Memory and Resocialization to Preserve Life,” pp. 161–180. In Herbert Hirsch’s Genocide and the Politics of Memory: Studying Death to Preserve Life. Chapel Hill: The University of North Carolina Press. In the conclusion of this chapter, Hirsch, professor of Political Science at Virginia Commonwealth University, argues in favor of, quoting Carole Hahn, a professor of Social Studies Education at Emory University, a “political education, starting in the earliest years of schooling, that is about, for, and in the spirit of human rights” (p. 178). Hirsch also argues in favor of education “aimed at fostering international identity” (p. 179) based on “covenanted internationalism” (p. 180). 2289. Miller, Lynn H. (1992). “The Westphalian Paradigm: The More It Remains the Same, the More It Changes,” pp. 25–37. In Lev S. Gonick and Edward Weisband (Eds.) Teaching World Politics: Contending Paradigms for a New World Order. Boulder, CO: Westview Press. At the outset of his essay, Miller, professor and chair of the Political Science Department at Temple University, comments as follows: In helping students to understand the intellectual parameters of world politics today, a teacher’s theme may be the reverse of the old cliché: plus c’ est la même chose, plus ca change. The same thing that endures is the nation-state; what keeps changing in unprecedented ways are the nature of states themselves, the relationships among those who live within them, and the complex set of interactions in which states are situated. (p. 26)
Miller further asserts that More than ever, our subject matter extends beyond the formal interactions between states to include nongovernmental interactions and, ultimately, all human exchange across nation-state lines. Teachers should focus upon the endemic problem of state reification and make some effort to reveal the real—if not always the emotive—distinction between a state’s government
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and the society it rules. They should require greater consideration of actors (IGOs, NGOs, etc.) that continue to compete with states for the authoritative allocation of human values. (p. 25)
The essay is comprised of the following sections: The Intellectual Parameters of World Politics; The Cold War and Its Aftermath in Historical Perspective; The Westphalian System in Historical Perspective; The Westphalian System in Cultural Perspective; Nationalism: Transcended or Resurgent?; Changing Conceptions of Power and Security; and Three Perspectives on Security. 2290. Parsons, William S., and Totten, Samuel (1991). Special Issue (“Teaching About Genocide”) of Social Education, February, 55(2). This entire issue of Social Education, the official journal of the National Council for the Social Studies, is dedicated to the issue of teaching about genocide. The lead essay, (“Teaching and Learning About Genocide: Questions of Content Rationale, and Methodology”) by William S. Parsons and Samuel Totten, briefly highlights the significance of teaching about the issues of the prevention and intervention of genocide. This special issue also includes an essay by Dr. Israel W. Charny, Director of the Institute on the Holocaust and Genocide in Jerusalem, Israel, entitled “Genocide Intervention and Prevention.” 2291. Rosandic, Ruzica (2000). Grappling with Peace Education in Serbia. Washington, D.C.: United States Institute of Peace. 46 pp. This report presents an overview of seven peace education programs in Serbia, most of which are for preschool and elementary schools students. The booklet is comprised of the following parts and chapters: Part I. Factors Confronting Peace Education Efforts in Serbia (1. “Introduction: Why Peace Education?”; 2. “The Ecology of Peace Education in Serbia”; and 3. “The Setting of a Close Encounter: The Serbian School System”); and Part II. A Look at Peace Education Programs in Serbia (4. “An Overview of Peace Education Programs”; 5. “Evaluation”; and 6. “Prospects for Continued Peace Education in Serbia.”). Particularly telling is the description and discussion in chapter 2 of the environment in which peace education was conducted in Serbia in the 1990s—“a time when the public . . . was saturated by threats, rumors and poisonous propaganda” (p. 5). Rosandic, professor of Educational Psychology at the University of Belgrade, describes how “state paternalism, crude populism, and a clientist system prevailed . . . [and how] educators had to grapple with the state’s implicit argument that the dominant culture of violence was somehow ‘natural’ and unavoidable” (pp. 5–6).
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2292. Totten, Samuel (2001). “Addressing the ‘Null Curriculum’: Teaching About Genocides Other than the Holocaust.” Social Education, September, 65(5):309–313. A short section in this essay addresses the critical need for educators who teach about genocide to address the prevention and intervention of genocide. 2293. Totten, Samuel (Ed.) (2004). Teaching About Genocide: Issues, Approaches, Resources. Greenwich, CT: Information Age Publishing. 303 pp. This book is comprised of the following chapters and sections: 1. “Educating About Genocide, Yes: But What Kind of Education?” by Carol Rittner; 2. “Issues of Rationale: Teaching About Genocide” Samuel Totten; 3. “The History of Genocide: An Overview” by Paul R. Bartrop and Samuel Totten; 4. “Wrestling with the Definition of Genocide: A Critical Task” by Samuel Totten; 5. “Defining Genocide: Issues and Resolutions” by Henry Huttenbach; 6. Case Studies of Genocide Perpetrated in the Twentieth Century: “The Armenian Genocide” by Richard G. Hovannisian; “The Soviet ManMade Famine in Ukraine” by James Mace; “The Holocaust” by Michael Berenbaum; “The Indonesian Genocide of 1965-1966” by Robert Cribb; “The Bangladesh Genocide” by Rounaq Jahan; “The Burundi Genocide” by René Lemarchand; “The Cambodian Genocide” by Craig Etcheson; “The Rwanda Genocide” by René Lemarchand; “Genocide in Bosnia” by Eric Markusen; 7. “Instructional Strategies and Learning Activities: Teaching About Genocide” by Samuel Totten; 8. “Conducting a Comparative Study of Genocide: Rationale and Methodology” by Henry Huttenbach; 9. “Human Rights, Genocide, and Social Responsibility” by William R. Fernekes and Samuel Totten; 10. “The Intervention and Prevention of Genocide: Where There is the Political Will, There is a Way” by Samuel Totten; and “Select Annotated Bibliography: Teaching About Genocide” by Samuel Totten. Training 2294. Babbitt, Eileen F. (1997). “Contributions of Training to International Conflict Resolution,” pp. 365–387. In I. William Zartman and J. Lewis Rasmussen (Eds.) Peacemaking in International Conflict: Methods & Techniques. Washington, D.C.: United States Institute of Peace Press. In her introduction, Babbitt, professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University and director of its International Negotiation and Conflict Resolution Program, states that As any conflict resolution trainer will tell you, when the participants in a conflict resolution training program are members of communities in a conflict,
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the training becomes an intervention in that conflict. The trainer’s intent is to change the protagonist’s view of the conflict and introduce new ways of thinking and behaving that make resolution of the conflict more possible and likely. (p. 365)
The subheadings of the essay provide a good sense of the type of issues that are addressed herein: Reframing the Parties’ Conception of Their Conflict; Reframing the Parties’ Conception of Their Own Side and the Other Side; Skills for Dialogue and Problem Solving; Accommodations Inherent in Training; What Is Training?; Contributions of Training to International Conflict Resolution (Educational Contributions & Political Contributions); Format of the Training (Joint Training, Training the Trainers, Integration); Theme of the Workshop; Ethical Concerns and other Criticism (Exporting Models That Are Not Culturally Relevant, Perpetuating Dependence on Outsiders, Creating Dramatic Change in Individuals, But Not Structures); and Evaluation. 2295. Barsalou, Judy (2001). Training to Help Traumatized Populations. United States Institutes of Peace Special Report. Washington, D.C. United States Institute of Peace. 8 pp. This report resulted from a workshop whose express purpose was to share training approaches and perspectives on trauma relief for those subjected to violent ethnic and other types of conflict, as well as to establish better communication among experts working in the field. The paper is comprised of the following sections: Defining Trauma, Trauma Caused by Ethnic Conflict, Goals for Trauma Training, Training for Trauma Relief, Designing Training Curricula, Training Programs in Africa, and Lessons Learned. 2296. Hardesty, J. Michael, and Ellis, Jason D. (1997). Training for Peace Operations: The U.S. Army Adapts to the Post-Cold War World. Washington, D.C.: United States Institute for Peace. 35 pp. This booklet, by a colonel in the U.S. Army and a doctoral student at American University, is comprised of the following chapters and sections: “Introduction” (Definitions); 1. “Defining the Challenge” (Operational Principles, Lack of Strategic Direction, Expanded Scope, Limited Intelligence, Political and Cultural Diversity, Multiple Players, Lacking the (or Limited) Rule of Law, Constrained by Rules of Engagement, Operating in Austere Environments, Dominated by Small and Independent Unit Operations); 2. Demanding a Visible Presence (Operating Primarily in Built-Up Areas, Requiring Psychological Operations and Civil Affairs Integration, and Requiring Extensive Negotiations); 3. The Response (Professional Military Education, and Unit Training); and 4. Conclusion
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2297. Schoenhaus, Robert, M. (Ed.) (2001). Conflict Management Training: Advancing Best Practices. Washington, D.C.: United States Institute of Peace. 41 pp. On June 27–28, 2000, the United States Institute of Peace held a symposium whose purpose was to explore best training practices in selected areas of critical importance to the growing conflict management community. The participants included “50 founders, providers, and consumers of training.” The report summarizes the papers and discussions of the symposium and provides key insights into core concerns of the conflict management community and the ability of practitioners to be successful in their endeavors. The booklet is comprised of three parts and eight chapters: Part I. Preparing for Training (1. “Training for Conflict Analysis and Strategy Development”; 2. “Training Negotiators to Work Effectively Across Cultures”); Part II. Training Practices in Current Popular Disciplines (3. “Best Practices in Training Negotiators”; 4. “Best Practices When Training Mediators”; 5. “Training in Nonviolent Intervention”); and Part III. Issues Critical to Effective Training (6. “Ethical Dilemmas in Conflict Resolution Training”; 7. “Designing Training Materials: A Few Best Practices”; and 8. “Evaluation in Conflict Resolutions Training and Practice”). 2298. Schoenhaus, Robert M. (2002).Training for Peace and Humanitarian Relief Operations: Advancing Best Practices. Washington, D.C.: United States Institute of Peace. 34 pp. This report is based on a two-day symposium that was sponsored by the United States Institute of Peace. In the Executive Summary, Schoenhaus makes the observation and then reports the following: While the four communities in peace operations—governmental and nongovernmental organizations (NGOs), the military, and international civilian policy—frequently find themselves sharing the same field of operation, their approaches to and structures for training for that interaction and the articulation of training needs are quite different. In the past, this has led to confusion, suspicion, and a diminished capacity for cooperative action among the communities. All sides recognize the benefits of and need for better coordination and increased operating efficiency, but making the kinds of changes that are required will not be easy. . . . The discussions clearly identified individual and collective areas for future improvement. Collectively, the symposium’s attendees suggested that regular participants in humanitarian and crisis intervention would benefit from increased peacetime interaction and communication, as well as from an ongoing synergistic process of building a common understanding of mutual strengths, weaknesses, and responsibilities in the field. In recent years, there has been some movement toward common training in joint exercises, seminars, and
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planning forums, but this effort has been largely hit-and-miss; what progress there has been must be institutionalized and the experience broadened to include more potential players in complex humanitarian relief interactions. Equally important, the individual groups represented at the symposium need to further their efforts toward understanding what their particular roles and missions might include in a humanitarian crisis and toward developing standardized task training to present to those most likely to need the information and practice. (pp. 5, 8)
The report is comprised of the following parts: Part I: Non-governmental Organizations. 1. “Training to Learn: Institutional Obstacles and Technological Advances”; Part II: Governments. 2. “Training Government Relief and Development Personnel for Humanitarian and Peace Operations”; Part III. International Civilian Police. 3. “Toward Better Training for International Civilian Policy in Peace Operations”; 4. “Cross-Cultural Influences on UN Civilian Police”; and Part IV: The Military. 5. “Training the Military for Peace Operations: A Past, Present, and Future View.” 2299. Smock, David (1999). Training to Promote Conflict Management: USIPAssisted Training Projects. Washington, D.C.: United States Institute of Peace. 57 pp. This booklet is comprised of the following parts and chapters: Part I. Training in Relation to Institutional Development (1. “Developing Negotiation and Mediation Skills Within the Context of the OAU” by Elizabeth McClintock; 2. “Health Bridges for Peace: Integrating Health Care with Conflict Prevention and Community Reconciliation” by Paula Gutlove); Part II. Training of Trainers to Address Specific Conflicts (3. “Training to Train: Reflections on Southeastern Europe” by Jean F. Freymond and Brook Boyer; 4. “Ecumenical Community Building and Conflict Resolution Training in the Balkans” by David A. Steele; 5. “Women’s Work Is Peace: Lessons from Training Projects in the Horn of Africa” by Hibaaq Osman; 6. “Training for Interethnic/Religious Conflict Resolution in Nigeria” by Ernest E. Uwazie); and Part III. Training in Conflict Management (7. “The Training and Assessment of UN Peacekeepers with Distance-Education Pedagogy” by Harvey J. Langholtz; 8. “International Online Training Program on Intractable Conflict” by Guy Burgess, Heidi Burgess, and Paul Wehr; and 9. “SANCoM: A Joint Sino-American Negotiation and Conflict Management Curriculum Development Project” by Otto Koester and Dennis O’Donnell).
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Organizations with Educational Programs 2300. The United Nations University (UNU) (UNU, 53–70, Jingumae 5-chome, Shibuya-ku, Tokyo, 150-8925, Japan) The United Nations University (UNU) is an organ of the United Nations and was established by the UN General Assembly in 1972. It was established to serve as an international community of scholars engaged in research, advanced training, and the dissemination of knowledge related to the pressing global problems of human survival, development, and welfare. One of its major focuses is peace and governance. With its headquarters in Tokyo, UNU operates through a worldwide network of research and postgraduate training centers. The United Nations University Press, the publication division of the UNU, publishes scholarly and policy-oriented books and periodicals in areas related to the UNU’s research agenda. 2301. United States Institute of Peace Education Program (1200 17th Street, NW, Suite 200, Washington, D.C. 20036-3011). Through its education, research, and training programs, the United States Institute of Peace “is helping to professionalize peacemaking and prepare individuals to undertake the difficult task of bringing peace to troubled countries around the world. . . . The Education Program works to define, create, and support educational activities that help faculty and students, in the United States and abroad, understand international conflict and its resolution and build the capabilities of future practitioners to make peace.” The Education Program has four major activities: developing teaching resources for secondary and higher education; organizing workshops for faculty that teach in U.S. educational institutions; sponsoring the National Peace Essay Contest for high school students; and building conflict management capabilities in educational institutions in zones of conflict. In response to the need for good teaching resources on international conflict management, the Institute is developing materials for the high school, college, and graduate school levels—including textbooks, case studies, simulations, teaching guides, and bibliographies.
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21 Journals: A Select List
2302. The Aegis Review on Genocide (Aegis Trust, P.O. Box 2002, Newark, Nottinghamshire NG22 9ZG, UK). The Aegis Review on Genocide “addresses issues, questions and topics that have a bearing on genocide. It is a forum where policy makers, academics, and practitioners can raise questions, discuss issues, share research and challenge conventional thinking in language that is jargon-free, clear and accessible to the interested reader.” 2303. Cambridge Review of International Affairs (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). The Cambridge Review of International Affairs accepts articles that focus on developing issues and theoretical approaches vis-à-vis the study of international relations. “The journal provides a forum for emerging scholars and practitioners of international affairs to present their ideas alongside those of more established academics. In addition to publishing work by academics, the Journal actively encourages officials in government, industry and NGOs to contribute articles which provide practical insights to scholarly discourse.” 2304. Civil Wars (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). Articles in Civil Wars examine sub-state and intra-state violent conflicts, including the causes, conduct and ending of such.
1115
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Conflict Management & Peace Science (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). Conflict Management & Peace Science is a quarterly journal that publishes scientific papers on topics such as international conflict, foreign policy decision making, international mediation, the effect of trade on international political interactions, and game theoretic approach to conflict and cooperation.
2306. Conflict Resolution Quarterly (Jossey-Bass, 989 Market Street, San Francisco, CA 94103-1741). Conflict Resolution Quarterly publishes articles on the relationship between theory, research, and practice in the conflict management and dispute resolution fields to promote more effective professional applications. 2307. Conflict, Security & Development (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). Conflict, Security & Development offers policy-relevant analysis of the economic and political changes taking place at the global level and their impact on developing and transitional countries. “The Journal bridges traditional development and security studies through its focus on cross-cutting policy agendas, such as conflict prevention and security-sector reform, and also establishes connections with related disciplines, including international relations, anthropology, political economy and regional studies.” 2308. Conflict Trends (c/o ACCORD, Accord House, 2 Golf Course Drive, Mount Edgecombe 4300, South Africa). Conflict Trends is a quarterly magazine published by ACCORD, a conflict resolution organization based in South Africa. 2309. Diplomacy & Statecraft (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). Diplomacy & Statecraft is an international journal that includes regular articles on diplomatic history, along with “professional interest” items, such as reviews of recently declassified documents. 2310. Foreign Affairs (Foreign Affairs, Editorial Department, 58 East 68th Street, New York, NY 10021). Published by the Council on Foreign Relations, Foreign Affairs is one of the, if not the, most influential journals on U.S. foreign policy and international affairs published in the United States. Its authors include some of the most noted scholars writing today on the aforementioned issues. 2311. Genocide Studies and Prevention (University of Toronto Press—Journals Division, 5201 Dufferin Street, Toronto, Ontario, Canada).
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GSP is a peer-reviewed journal that includes theoretical and research-based articles on all aspects of genocide. It is the official journal of the International Association of Genocide Scholars (IAGS) and is co-sponsored by the Zoryan Institute. Co-founded in 2005 by Dr. Israel W. Charny, Director of the Institute on the Holocaust and Genocide Studies, Jerusalem, Israel, its founding four co-chief editors (Dr. Alex Alvarez, Dr. Herb Hirsch, Dr. Eric Markusen, and Dr. Samuel Totten) have all published extensively on various aspects of genocide. 2312. Geopolitics (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). Geopolitics includes articles that explore the theoretical implications of contemporary geopolitics and geopolitical change with particular reference to territorial problems and issues of state sovereignty. Multidisciplinary in scope, Geopolitics includes all aspects of the social sciences with particular emphasis on political geography, international relations, the territorial aspects of political science, and international law. 2313. Global Society: Journal of Interdisciplinary International Relations (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). Global Society focuses on the latest events and scholarship in international relations and encourages innovative approaches to the study of international issues from a broad range of disciplines (e.g., international relations, political science, political philosophy, international political economy, international law, international conflict and sociology). The editor “promotes the analysis of international transactions at multiple levels, and in particular, the way in which these transactions blur the distinction between the subnational, national and transnational levels.” 2314. Holocaust and Genocide Studies (c/o Journals Customer Services Oxford University Press, 2001 Evans Road, Cary, NC 27513, U.S.). While Holocaust and Genocide Studies is the major forum for work on the extensive body of literature and documentation on the Holocaust, periodically it includes an essay on some aspect of genocide, including, though rarely, the intervention and prevention of genocide. Its editor is the highly respected historian/Holocaust scholar Dr. Richard Breitman. 2315. Human Rights Quarterly (The Johns Hopkins University Press, PO Box 19966, Baltimore, MD 21211-0966). The Human Rights Quarterly provides up-to-date information on important developments within the United Nations and regional human rights organizations, both governmental and nongovernmental. It presents current
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work in human rights research and policy analysis, philosophical essays probing the fundamental nature of human rights as defined by the Universal Declaration of Human Rights, and reviews of related books. While it only periodically includes pieces specifically about genocide, many of the articles are—in one way or another—germane to issues related to genocide (e.g., international law, the plight of refugees fleeing from genocidal conflicts, trials, and tribunals). 2316. Human Rights Review (c/o Transaction Publishers, Rutgers—The State University of New Jersey, 35 Berrue Circle, Piscataway, New Jersey 088548042). Published quarterly, Human Rights Review addresses a wide range of issues including but not limited to the following: international versus national sovereignty; the role of economic development or backwardness in establishing normative structures of human rights; the place of foreign intervention in mandating human rights agendas in transitional regimes; and genocide. 2317. International Interactions (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). International Interactions is an interdisciplinary journal that publishes original empirical, analytic and theoretical research in international relations. Focusing on “analysis of matters of immediate relevance in today’s world,” the journal addresses a wide array of topics within the field of international relations, providing balanced coverage of the discipline’s main areas of study: war and conflict resolution; international political economy; and foreign policy. 2318. The International Journal of Human Rights (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). The International Journal of Human Rights is a quarterly journal that addresses a wide spectrum of human rights issues, including but not limited to the following: human rights and the law, race, religion, gender, children, class, refugees, and immigration. The journal also publishes articles and reports on “the human rights aspects of genocide,” the laws of war and war crimes, and related issues. 2319. International Peacekeeping (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). International Peacekeeping is a peer-reviewed journal that includes articles on all aspects of international peacekeeping (including but not limited to such issues as debates about sanctions enforcement, monitoring of agreements, preventive deployments, international policing, protection of aid in
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internal disputes, and the relationship between peacekeepers, state authorities, rival factions, civilians, and non-governmental organizations.) 2320. International Security (MIT Journals, 55 Hayward Street, Cambridge, MA 02142). A quarterly journal sponsored and edited by the John F. Kennedy School of Government at Harvard University’s Center for Science and International Affairs. This journal covers a wide array of issues, including but not limited to world politics, ethnic relations, nationalism, ethnic war, international conflict, peacekeeping, state failure, issues surrounding sovereignty, and intervention. 2321. International Studies Quarterly (Published on behalf of the International Studies Association by Blackwell Publishers, 9600 Garsington Road, Oxford, OX4 2DQ, UK). International Studies Quarterly publishes articles from a wide range of intellectual traditions that include both theoretical and policy-oriented research on foreign policy, comparative politics, and international affairs. The journal particularly encourages interdisciplinary debate, and publishes articles that address important questions and controversies concerning international, cross-national, or trans-national phenomena. 2322. International Studies Review (Blackwell Publishers, 9600 Garsington Road, Oxford, OX4 2DQ, UK). The International Studies Review “provides a window on current trends and research in the field of international studies. In it, scholars, educators, and policymakers can find pertinent information about new books in international studies as well as analytic reviews of recent trends and controversies in scholarship around the world.” 2323. The Journal of Conflict Resolution (SAGE Publications, 2455 Teller Rd., Thousand Oaks, CA 91320). The Journal of Conflict Resolution “is an interdisciplinary journal of social scientific theory and research on human conflict. It focuses especially on international conflict, but its pages are open to a variety of contributions about intergroup conflict, within as well as between nations, that may help in understanding problems of war and peace.” 2324. Journal of Democracy (Published on behalf of the International Forum for Democratic Studies at the National Endowment for Democracy by the Johns Hopkins University Press. National Endowment for Democracy, 1101 15th Street, NW Suite 800, Washington, D.C. 20005).
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Founded in 1990, the Journal of Democracy publishes articles that address problems of and prospects for democracy around the world. It includes articles by both activists and intellectuals that engage in critical discussions of the problems and prospects facing democracy around the world—including the major social, political, and cultural challenges that confront emerging and established democracies alike. It explores “in depth every aspect of the establishment, consolidation, and maintenance of democracy, including political institutions, parties and elections, civil society, ethnic conflict, economic reform, public opinion, the role of the media, and constitutionalism.” It covers not only practical political matters but also questions of democratic theory and culture. Each issue features “field reports” from democratic activists; reviews of important books on democracy; reports on recent and upcoming elections; excerpts from speeches and documents by leading democrats and dissidents; and news about the activities of prodemocracy groups in the United States and abroad. 2325. Journal of Genocide Research (Carfax Publishing, Taylor & Francis Ltd., Customers Services Department, Rankine Road, Basingstoke, Hants, RG24 8PR, UK). The Journal of Genocide Research (JGR) “promotes an interdisciplinary and comparative approach to the study of genocide. The journal provides an international forum for a broad spectrum of scholars: theologians, philosophers, jurists, moralists, ethicists, political scientists and historians.” 2326. Journal of Humanitarian Assistance (The Journal of Humanitarian Assistance, Department of Peace Studies, Bradford University, Bradford BD7 1DP, UK; E-mail:
[email protected]) The editors of this journal state that “the Journal of Humanitarian Assistance encompasses all aspects of humanitarian assistance, from early warning and emergency provision to post-conflict peace-building and the transition to development. This is inclusive of law, politics, the military, logistics, and the work of national and international organisations. . . . The purpose of the Journal is to facilitate communication between the many diverse practitioners and analysts who comprise the community of humanitarian actors. . . . Because our medium is electronic, the Journal is updated continuously, rather than published periodically. There is no subscription fee and the Journal is entirely open-access. The material contained in the Journal may be disseminated freely provided the source is acknowledged. Individual items in the Journal carry a citation reference. The copyright of original work remains with authors.”
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2327. Journal of Human Rights (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). “The Journal of Human Rights serves as an arena for the public discussion and scholarly analysis of human rights, broadly conceived. It seeks to broaden the study of human rights by fostering the critical re-examination of existing approaches to human rights, as well as to develop new perspectives on the theory and practice of human rights.” 2328. Journal of International Criminal Justice (Oxford University Press, 2001 Evans Rd., Cary, North Carolina 27513, USA). The Journal of International Criminal Justice carries articles on such issues as international criminal law, comparative criminal law, criminology, and penal philosophy. 2329. Journal of Peace Education (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). The Journal of Peace Education “publishes articles which promote discussions on theories, research and practices in peace education in varied educational cultural settings. The journal is multidisciplinary and intercultural. Aiming to link theory and research to educational practice, it is committed to furthering original research on peace education, theory, curriculum and pedagogy. Peace education is understood to be education for the achievement of a nonviolent, ecologically sustainable, just and participatory society. Sponsored by the Peace Education Commission of the International Peace Research Association, Journal of Peace Education includes work by a wide range of scholars, researchers, activists, policy makers, and practitioners in peace education.” 2330. Journal of Peace Research (Sage Publications, 6 Bonhill Street, London EC2A 4PU, UK). The Journal of Peace Research, whose contributors consist of both scholars and practitioners, is published six times a year. It is noted for publishing articles on such issues as intrastate and interstate conflict, anarchy and governance, arms-build-ups and their effects, the work of the United Nations, and early warning signals and systems. 2331. The Law and Practice of International Courts and Tribunals: A Journal for Practitioners (Kluwer Law International, PO Box 322, 3300 AH Dordrecht, The Netherlands). This journal aims to provide the reader with articles and information on the law and practice of international courts and tribunals with particular emphasis on procedural questions. Each issue provides the latest developments
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vis-à-vis the preparation, adoption, suspension, amendment, and revision of Rules of Procedure as well as other related matters. It also provides information regarding the latest practice with respect to the interpretation and application of Rules of Procedure and constitutional documents, which can be found in judgments, advisory opinions, written and oral pleadings, and legal literature. 2332. Nationalism & Ethnic Politics (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). The articles included in Nationalism & Ethnic Politics explore the varied political aspects of nationalism and ethnicity. It includes case studies and comparative and theoretical analyses, and pieces that deal with pluralism, ethno-nationalism, irredentism, separatism, processes and theories of ethnic identity formation, mobilization, conflict, and accommodation in the context of political development and nation-building. 2333. Negotiation Journal (Published by the program on Negotiation at Harvard Law School and Blackwell Publishing, 9600 Garsington Road, Oxford, OX4 2DQ, UK). Negotiation Journal is committed to the development of better techniques for resolving differences through the “give-and-take process” of negotiation. Its contributors and readership are comprised of diplomats, lawyers, government officials, researchers, among others. 2334. Non-State Actors and International Law (Kluwer Law International, P.O. Box 322, 3300 AH Dordrecht, The Netherlands). “The express purpose of this journal is to further understanding of non-state actors (e.g., inter-governmental organizations, nongovernmental organizations, individuals, peoples, transnational corporations) and their relationship inter pares, and with state actors. It looks upon non-state actors from all possible angles, exploring them from an interdisciplinary perspective, their role in society, their position in international law-making, their contribution to the development of international law, and procedural aspects of their participation before national and international courts and tribunals.” Non-state actors and International Law is published three times a year. It consists of Articles, Comments, Case notes, and book reviews. 2335. Peace Review (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). Peace Review is a quarterly, multidisciplinary, transnational journal of research and analysis that focuses on current issues and controversies
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germane to issues of peace, including but not limited to: the promotion of peace, human rights, development, ecology, and culture. 2336. Refugees (Published by the Public Information Section of the United Nations High Commissioner for Refugees, P.O. Box 2500, 1211 Geneva 2, Switzerland). This United Nations-sponsored journal contains articles on all aspects of refugee-related issues. Articles are by both UN and non-UN personnel. 2337. Security Studies (Routledge, 270 Madison Avenue, New York, NY 100160602) Addresses a host of issues, including many germane to the study of genocide: ethnic conflict, humanitarian intervention, preventing conflict, negotiating settlements, realpolitik, the efficacy of partitioning, and the effectiveness of sanctions, among many others. 2338. Totalitarian Movements and Political Religions (Taylor and Francis, 325 Chestnut Street, 8th Floor, Philadelphia, PA 19106). Totalitarian Movements and Political Religions “scrutinizes all attempts to totally refashion humanity and society, whether instituted by the Left or the Right. Although its primary focus is on the authoritarian and totalitarian politics of the twentieth century, this journal also provides a forum for the wider discussion of the politics and faith of salvation in general, from the first stirrings of millenarian longings in the Middle Ages to the fundamentalist creeds of the present, together with an examination of their catastrophic consequences.” 2339. Track Two: Constructive Approaches to Community and Political Conflict (Centre for Conflict Resolution, c/o UCT, Private Bag RONDEBOSCH 7701 South Africa). Track Two is a quarterly publication that aims to promote innovative and constructive approaches to community and political conflicts as an alternative to traditional adversarial tactics. The term “track two” refers to informal, unofficial interaction outside the formal governmental power structure, providing the means for historically conflicting groups to improve communication and gain a better understanding of each other’s point of view. In doing so, it works to reduce anger, fear or tension, and to facilitate the resolution of substantive conflicts.
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22 Newsletters
2340. The Genocide Forum: A Platform for Post-Holocaust Commentary (c/o History Department, City College of New York, Convent Avenue at 138th Street, New York, NY 10031). The Genocide Forum is a publication of the Center for the Study of Ethnonationalism located on the campus of the City College of New York. The founder and editor of The Genocide Forum is Professor Henry R. Huttenbach. The Genocide Forum, which appears bi-monthly, “is intended to serve as a vehicle of exchange to discuss critical issues of common interest to students of Holocaust and Genocide and Studies.” Periodically, it includes articles/commentary on the prevention and intervention of genocide. 2341. International Alert Update (Available from International Alert, 1 Glyn Street, London, SE 11 5HT, UK.) A key purpose of the newsletter is to provide updates of International Alert’s (IA) work and efforts to defuse conflict in various regions of the world. Additionally, the newsletter provides information on future plans by IA, and highlights publications on issues germane to IA’s focus. 2342. Internet on the Holocaust and Genocide (Institute on the Holocaust and Genocide, POB 10311, 91102 Jerusalem, Israel). The Internet on the Holocaust and Genocide was the official newsletter of the Institute on the Holocaust and Genocide, the latter of which was founded and directed by noted genocide scholar Israel W. Charny. It was “published and presented on a voluntary subscription and contribution basis 1125
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to the community of scholars, professionals, institutes and governmental and international agencies.” It generally included information on key issues germane to understanding genocide, including the issues of prevention and intervention. The newsletter included articles about key research in the field, major publications, contemporaneous cases of genocide or situations slouching toward genocide, and reflective pieces. 2343. The ISG Newsletter (Institute for the Study of Genocide, c/o The John Jay College of Criminal Justice, 899 Tenth Avenue, New York, NY 10019). The ISG Newsletter is the official newsletter of the Institute for the Study of Genocide (ISG), the latter of which was co-founded and is directed by noted genocide scholar Helen Fein. The ISG Newsletter generally contains information about the activities of the ISG, major conferences, key publications in the field, and a series of short but highly informative articles by noted scholars, policy makers, and/or activists about various aspects of genocide, including the issues of prevention and intervention. 2344. ITN Network (International Network on Holocaust and Genocide & the Newsletter of the Centre for Comparative Genocide Studies, Department of Politics, Division of Humanities, Macquarie University, New South Wales, 2109, Australia). An off-shoot of the Internet on the Holocaust and Genocide, this newsletter contains information about the Centre for Comparative Genocide Studies’ programs, articles on various aspects of the Holocaust and genocide, book reviews, and notes about key conferences.
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23 Bibliographies
2345. Hamburg, David A. (2002). “Additional Valuable Sources of Information and Concepts Pertinent to Preventing Deadly Conflict,” pp. 327–33. In David A. Hamburg’s No More Killing Fields: Preventing Deadly Conflict. Lanham, MD: Rowman & Littlefield Publishers. Includes citations (none of which are annotated) of publications germane to conflict prevention. 2346. Hoare, Quintin, and Malcolm Noel (Eds.) (1999). Books on Bosnia A Critical Bibliography of Works Relating to Bosnia-Herzegovina Published Since 1990 in Western European Languages. London: The Bosnian Institute. 207 pp. This bibliography contains a listing of close to 350 books on the dissolution of Yugoslavia and the subsequent war and genocidal incidents perpetrated in the 1990s. Many of the works highlighted deal with various aspects of prevention and intervention: the UN’s role, the issue of arms embargoes, the Western response to the atrocities, the compromises made with the perpetrators, the Vance-Owen “peace plans,” how the delivery of humanitarian aid became the “figleaf for not addressing the issue of genocide,” the indictment and trials of various perpetrators, and the debate over various issues (legal, political, military) related to intervention. The main focus of the bibliography is on English language books, but books published in ten other languages are also included. The bibliography does not include articles published in journals or books of essays. 1127
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2347. The International Commission on Intervention and State Sovereignty (2001). The Responsibility to Protect: Research, Bibliography, Background. Ottawa, ON, Canada: International Development Research Centre. (Editor’s Note: Each bibliography is comprised of a separate set of page numbers.) Part of a larger and highly significant report entitled The Responsibility to Protect, this set of bibliographies is comprised of twelve sections: 1. Humanitarian Intervention; 2. Sovereignty and Intervention; 3. Conflict Prevention; 4. Ethical Aspects; 5. Legal Aspects; 6. Interest and Will; 7. National and Regional Perspectives; 8. Nonmilitary Interventions; 9. Operational Aspects of Military Interventions; 10. Military Intervention and Humanitarian Action; 11. Post-conflict Challenges; and 12. Country Cases. 2348. Johnson, Kathleen M. (2002). “The Case of General Augusto Pinochet: A Legal Research Guide.” Brooklyn Journal of International Law, XXVII(2): 519–529. In this short piece, the author presents a historical and procedural overview of the Pinochet case, and then presents and comments on key sources for those conducting research into the legal proceedings of the Pinochet case. Included in the listing of resources are: information about key treatises germane to the Pinochet case; court documents; books; periodicals; internet resources and key databases; and “finding tools” (e.g., Library of Congress, Globalcourts Website, First Search/World Cat, Index Master, Index to Foreign Legal Periodicals, and Westlaw and Public International Law: A Current Bibliography of Books and Articles). 2349. Jones, Peter (1989). Peacekeeping: An Annotated Bibliography. Toronto: Frye. This is a major annotated bibliography on peacekeeping. It primarily includes journal articles from 1945 through the 1980s, and emphasizes the Canadian’s efforts in United Nations’ peacekeeping operations. 2350. Lund, Michael S. (1996). “Bibliographical Essay,” pp. 207–212. In Michael S. Lund’s Preventing Violent Conflicts: A Strategy for Preventive Diplomacy. Washington, D.C.: United States Institute of Peace. In his introduction to this short but helpful (partially annotated) bibliography, Lund writes: Although no distinct and recognized literature exists on conflict prevention, a wide variety of extant sources are pertinent to the subject. To address the descriptive and analytical issues raised in this book, use was made of a large number of books and articles scattered about separate literatures—among them international relations, conflict resolution, conflict studies, multilateral organizations, ethnic conflict, and U.S. foreign policy. In the interest of encouraging further study of this subject and fostering
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the sense of a distinct corpus, the most helpful sources are listed [herein] (p. 207).
The bibliography is divided into the following sections:1. “Between Idea and Policy”; 2. “Concept, Tools, and Targets”; 3. “Lessons from Experience”; 4. “Policymaking and Implementation”; and 5. “Organizing Preventive Diplomacy.” 2351. Totten, Samuel (Ed.) (2004). Genocide at the Millennium. Volume 5 of Genocide: A Critical Bibliographic Review New Brunswick, NJ: Transaction Publishers. 302 pp. This volume, in which each chapter is comprised of a critical essay and an annotated bibliography, contains the following chapters: chapter 1. “Genocidal Violence in Bosnia and Herzegovina” by Martin Mennecke and Eric Markusen; chapter 2. “The Rwanda Genocide” by Howard Adelman; chapter 3. “Genocide in Kosovo?” by Peter Ronayne; chapter 4. “The Role of Nongovernmental Organizations in Addressing the Intervention, Prevention and Punishment of Genocide in the 1980s, 1990s, and Early 2000s” by Samuel Totten; chapter 5. “The United Nations and Genocide: Prevention, Intervention, and Prosecution” by Samuel Totten and Paul R. Bartrop; chapter 6. “The Role of Individual States in Addressing Cases of Genocide” by Kenneth J. Campbell; chapter 7. “The International Legal Prohibition of Genocide Comes of Age” by William A. Schabas; chapter 8. “International Criminal Tribunal for Rwanda (ICTR)” by Alexander Zahar and Susan Rohol; chapter 9. “International Tribunal for the Former Yugoslavia (ICTY)” by John R. W. D. Jones and Roberta Arnold; and chapter 10. “The Establishment of the International Criminal Court (ICC)” by M. Cherif Bassiouni. 2352. Totten, Samuel (Ed.) (Forthcoming). Prevention and Intervention of Genocide. Volume 6 of Genocide: A Critical Bibliographic Review. New Brunswick, NJ: Transaction Publishers. This volume, in which each chapter is comprised of a critical essay and an annotated bibliography, contains individual chapters on the following topics: early warning systems, sovereignty, prevention, intervention, peacekeeping missions, prevention and intervention efforts during the cold war years, prevention and intervention efforts during the 1990s, the efficacy (or lack thereof) of tribunals as instruments of prevention, the imposition of sanctions, the concept of an anti-genocide regime, and post genocide/conflict issues. Contributors to the volume are: Alex Alvarez, Paul Bartrop, Bruce Cronin, Barbara Harff, George Lopez, Martin Mennecke, Elizabeth Moltke, Greg Stanton, Samuel Totten, and Lawrence Woocher.
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2353. [Thomas J.] Watson Jr. Institute for International Studies (2004). Web site http://www.brown.edu/Departments/Watson_Institute/peaceoperations. This Web site holds the following resources: “An on-line bibliographical database, with a search engine that contains more than 2,000 entries of publications produced since 1989. The database is updated quarterly; a list that reviews relevant journal articles published within the past six to nine months; a description of periodicals that relates to particular aspects of peace operations; the location of other related on-line bibliographies and book review sites; a sample syllabi for teaching college courses related to peace operations; and the location of related web sites that enable interested individuals to participate more actively in the discussion of current issues” (from Cindy Collins and Thomas Weiss’ An Overview and Assessment of 1989–1996 Peace Operations Publications. Providence, RI: The Thomas J. Watson Jr. Institute for International Studies at Brown University, 1997, p. 140.)
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Index Aall, Pamela R., 605, 606, 788, 939, 940, 941, 943, 944, 970, 1140, 1152, 1500, 1741, 1863, 1968, 1985, 2042 Abad, Medardo C., Jr., 882, 1077 Abazov, Rafis, 882, 1077 Abernethy, Virginia, 515, 610 Abiew, Francis Kofi, 1, 108, 353, 1336 Abramowitz, Morton, 984, 1105 Abrams, Elliot, 354, 1337 Abrams, Jason S., 97, 287 Abu-Nimer, Mohammed, 624, 1992, 1964, 2019, 2021, 2023 Aceves, William J., 219, 2108 Acharya, Amitav, 187 Ackerman, John E., 2052 Adalian, Rouben Paul, 701 Adanir, F., 509, 596 Adanir, Fikret, 487, 577 Adebajo, Adekeye, 1464, 1639, 1815, 1902, 1955 Adelman, Howard, 715, 716, 717, 749, 786, 789, 790, 830, 888, 972, 973, 1058, 1338, 1339, 1574, 1694, 2027, 2351 Advisory Council on International Affairs and Advisory Committee on Issues of Public International Law, 1340 African Rights, 1341, 2045 Agger, I., 509, 596 Aggestam, Karin, 714, 1144 Ahmed, Akbar S., 1594 Akashi, Yasushi, 1288, 1760, 1761, 1773, 1843, 1869, 1926 Akbarzadeh, Shahram, 882, 1077 Akehurst, Michael, 1380 Akhavan, Payam, 42, 63, 64, 109, 1342 Aksu, Esref, 1762, 1870 Alagappa, Muthiah, 1763, 1871 Aleksandar Jokic, 2165 Alger, Chadwick F., 488, 489, 718, 974, 975, 1145, 1146, 1343, 1737, 1764, 1872 Ali, Taisier M., 578 Alkalaj, Sven, 172 Alker, Hayward R., 355, 653, 686, 719, 720, 721, 749, 776, 778, 779, 791, 814, 836, 869, 1147
Allen, Tim, 583 Alvarez, Alex, 1697, 2287, 2352 Amadiume, Ifi, 268, 2131 Ambos, Kai, 2182 American Bar Association, 111, 2054 Ammon, Royce J., 1344 Amnesty International, 112, 467 Anastasijevic, Duska, 1660 Anderlini, Sanam Naraghi, 681, 720, 774, 835, 879, 930, 965, 1071, 1147, 1161, 1282, 1748 Andersen, Regine, 490, 1104 Anderson, Mary B., 491, 572, 606, 706, 895, 951 Andreopoulos, George J., 325, 473 Anghie, Antony, 288 Anglin, Douglas, 976, 1171, 1204, 1289, 1346 Angstrom, Jan, 492, 579 An-Nalim, Abdullahi, 268, 2131 Annan, Kofi A., 356, 357, 493, 494, 495, 910, 977, 978, 979, 980, 981, 982, 1347, 1348, 1349, 1379, 1765, 1873 Appleby, R. Scott, 606 Apsel, Joyce, 2282 Aptel, C., 113 Arad, Sharon, 938 Arend, Anthony Clark, 2, 43, 114, 1350 Arnold, Roberta, 202, 1694, 2351 Arnson, C., 1752 Arquilla, John, 900, 905, 1267 Arsanjani, Mahnoush H., 2168, 2169, 2182, 2216 Art, Robert J., 1212, 1351, 1352, 1381, 1631 Asberg, Carl Johan, 893 Ascensio, Herve, 2182 Ashley, David W., 948, 2055 Ashton, Barry, 983, 1353, 1766 Askin, Kelly D., 66, 115, 116, 117, 166, 213, 276, 2056, 2057, 2083, 2188, 2200 Aspin, Lee, 1493 Atack, Iain, 1354 Ausink, John A., 498, 582, 723, 845 Austin, Reginald, 1573 Auvinen, Juha, 539, 663
1131
Totten_RT3588X_C024.indd 1131
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1132 Avenhaus, Rudolf, 714 Avruch, Kevin, 497, 580, 949 Axworthy, Lloyd, 1827 Ayoob, Mohammed, 3, 44, 358, 427, 606, 1355 Ayres, R. William, 581 Azpuru, D., 1752 Babbitt, Eileen F., 950, 2294 Badie, Bertrand, 359, 985, 1356 Badinter, Robert, 2182 Badsey, Stephen, 604, 801, 812, 860, 1268, 1767 Baines, Erin K, 656, 1820 Bair, Andrew, 1825 Baker, Pauline H., 498, 582, 606, 723, 846 Baker, Ron, 2286 Bakwesegha, Christopher J., 712, 881 Balanzino, Sergio, 172 Balint, Jennifer, 67, 2046, 2058 Ball, Howard, 468 Ball, Nicole, 606 Ballard, Lara, 2170 Ballentine, Karen, 591 Banks, Marcus, 583 Baranovsky, Vladimir, 1639, 1660 Barash, David P., 469 Bardos, Gordon N., 1690 Barkawi, Tarak, 1366 Barnett, Michael N., 424, 986, 987, 1357, 1417, 1564, 1558, 1768, 1769, 1770, 1874 Barnhizer, David, 499, 724, 847, 847, 2081 Barry, C., 1447, 2086 Barsalou, Judy, 2295, 316 Barth Eide, Espen, 1825 Bartolo, Michael, 9 Bartrop, Paul R., 1091, 1697, 1700, 1846, 2352, 1694, 2293, 2351 Bass, Gary J., 2059, 2060, 2224 Bass, Warren, 470 Bassiouni, M. Cherif, 68, 69, 118, 119, 120, 121, 122, 123, 124, 151, 154, 219, 471, 1694, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2078, 2108, 2171, 2172, 2173, 2184, 2202, 2351 Bazyler, Michael J., 125, 126, 2068, 2069 Beach, Hugh, 360, 1358, 1638 Beardsley, Major Brent, 1011, 1420 Beattie, Liza, 1629 Beck, Robert J., 2, 43, 114, 1350 Bedjaoui, Mohammed, 500, 906, 910 Bedont, Barbara, 241, 656, 1820
Totten_RT3588X_C024.indd 1132
Index Beetz, Juergen, 714 Beigbeder, Yves, 127, 1859, 2174 Bell, C., 1752 Bell, Coral, 1662 Bellamy, Alex J., 988, 1366, 1771, 1875 Bellucci, Paolo, 1676 Bennett, Andrew, 424, 1564 Bennouna, Mohamed, 2182 Benton, Barbara, 1295, 1323, 1328, 1488, 1565, 1811, 1899 Benvenuti, Paolo, 2216 Bercovitch, Jacob, 584, 605, 893, 937, 938, 938, 989, 1106, 1172, 1741 Berdal, Mats R., 501, 1058, 1307, 1574, 1580, 1772, 1818, 1876, 1905 Berenbaum, Michael, 2293 Beres, Louis Rene, 128, 472, 848, 853, 1394 Berfield, Susan, 1173, 1359 Berg, Bradley, 2175 Berman, Nathaniel, 345 Berry, R. A., 540, 871, 1064, 1132 Bert, Wayne, 1360 Bertrand, Maurice, 1832 Bethlehem, Daniel, 129 Betts, Richard K., 606 Beyer, Gregg A., 585, 775, 792 Bhatia, Michael V., 361, 1361, 1877 Bhuta, Nehal, 130 Biermann, Wolfgang, 221, 990, 1051, 1290, 1294, 1298, 1362, 1559, 1773, 1773, 1852, 1878, 1933 Biersteker, Thomas, 1232, 1256 Bigelow, Katharine R., 793, 1460 Bigo, Didier, 749, 794 Billinger, Nils Gunnar, 1825 Binder, David, 1731 Bindman, Geoffrey, 219, 2108 Binie, Patricia, 1832 Bjàrkdahl, Annika, 882, 1077 Bjornson, Karin Solveig, 865 Bjurner, Anders, 893 Black, D. R., 1745 Blacker, Coit D., 1537 Blake, Michael, 1428 Blakesley, Christopher L., 2118 Blank, Laurie R., 131 Blank, Stephen J, 1363 Bleiker, Roland, 1973, 2030 Blewitt, Graham T., 219, 2108 Blinderman, Eric, 132, 282, 901, 1269, 1364, 1635 Blitz, Brad K., 1417, 1594
11/16/2006 1:41:11 PM
Index Bo Husum, Søren, 1773 Bock, Joseph G., 951 Boed, Roman, 133 Boëne, Bernard, 1776 Bohlander, Michael, 2182 Bojicic-Dzelilovic, Vesna, 502, 586 Bolton, John R., 2203 Bondi, Loretta, 1227, 1232 Boniface, Pascal, 1365 Bonser, Michael, 1587 Bookman, Milica Z., 1690 Booth, Ken, 76, 86, 206, 244, 461, 464, 707, 710, 1366, 1366, 1454, 1499, 1508, 1710, 1724, 1728, 1976, 2006, 2037, 2164 Boraine, Alex, 219 Born, Hans, 1776 Bos, Adriaan, 2182, 2182, 2182, 2216 Bose, Sugata, 673 Both, Norbert, 362, 795, 1293, 1367, 1518 Bothe, M. 134, 163, 2182 Bouchet-Saulnier, Francoise, 135 Boulden, Jane, 1736, 1736, 1867, 1867, 1944, 1944 Boulding, Elise, 1343, 1737 Bourgon, Stephane, 2182 Boutros-Ghali, Boutros, 725, 726, 796, 907, 908, 909, 910, 991, 992, 993, 994, 995, 996, 997, 1014, 1107, 1205, 1228, 1229, 1230, 1308, 1368, 1369, 1370, 1371, 1738, 1739, 1750, 1751, 1774, 1775, 1782, 1879, 1947, 1948 Bowen, Desmond, 1372, 1740, 1880 Bowles, Newton, 998, 1373, 1949 Boyce, James K., 503 Boyd, Charles G., 1374 Boyer, Brook, 2299 Brand-Jacobsen, Kai Frithjof, 476 Brandon, Scott, 159, 2080 Bratteland, Thorstein, 1825 Brecher, Michael, 587, 749 Bridgman, Jon, 701 Brilmayer, Lea, 345 Bring, Ove, 363, 1375 Bringa, Tone, 2027 Brinkman, Major-General Rtd J. W., 1629 Brody, Reed, 219, 2108 Bröhmer, Jürgen, 136 Broms, Bengt, 137, 163, 2082, 2176 Bronkhorst, Daan, 727, 853, 1376, 1394 Brooks, Linton, 1537 Broomhall, Bruce, 138, 2177, 2203 Brown, Bartram S., 2224, 2224
Totten_RT3588X_C024.indd 1133
1133 Brown, Chris, 139, 364, 365, 1366, 1378, 1378, 1428, 1447, 2178 Brown, Daniel J., 2179 Brown, Frederick Z., 948, 2057 Brown, Michael E., 504, 505, 523, 588, 589, 590, 591, 606, 613, 616, 639, 645, 807, 849, 999, 1108, 1174, 1301, 1539 Brownlie, Ian, 140, 155 Brubacher, M. R., 2194 Brubaker, Rogers, 712, 881 Bruce, Robert, 1864, 1946 Bruer, Harry, 1825 Brugnola, Orlanda, 70, 1000, 1148, 1377 Brus, Marcel M. T. A., 71, 141, 366 Brzezinski, Zbiegniew, 1379 Brzoska, Michael, 1230, 1232 Buchanan, Allen, 195, 1428, 1517 Buckley, William Joseph, 1379 Bull, Hedley, 1380 Bunck, Julie M., 385 Burg, Steven L., 605, 1001, 1025, 1175, 1183, 1363, 1381, 1450, 1731, 1741 Burgess, Guy, 2299 Burgess, Heidi, 2299 Burgess, J. Peter, 367, 1382 Burkhalter, Holly J., 1473 Burkle, Frederick M., Jr, 1573 Burns, Peter, 151, 2070, 2078 Bush, George, 1493 Busumtwi-Sam, James, 578 Butler, Nicola, 1660 Byers, Michael, 195, 1517 Byman, Daniel L., 1299, 1383 Byrne, Sean, 506, 592, 970, 1384, 1863 Cahill, Kevin M., 47, 500, 519, 622, 623, 746, 831, 906, 909, 913, 979, 1013, 1019, 1151, 1202, 1254, 1260, 1347, 1433, 1498, 1622, 1742, 1765, 1789, 1873, 1886, 910 Cairns, Ed, 509, 596, 626 Calic, Marie-Janine, 1660 Callaghan, Jean, 1776, 1776, 1776 Cameron, Colin, 531, 647 Camm, Frank A., 1385 Campanaro, Jocelyn, 142, 2071, 2180 Campbell, Ashley, 507 Campbell, Kenneth J., 1002, 1176, 1694, 2351 Candio, Patrick, 1973, 2030 Caplan, Richard, 1386, 1558 Carey, Henry F., 280, 1144 Carlson, Adolf, 1363 Carlson, Lisa J., 714
11/16/2006 1:41:11 PM
1134 Carment, David, 418, 507, 680, 734, 760, 771, 850, 851, 851, 864, 882, 882, 889, 920, 1006, 1050, 1077, 1086, 1109, 1116, 1119, 1126, 1128, 1160 Carmichael, Patrick, 1270, 1387, 1635 Carnegie Commission on Preventing Deadly Conflict, 508, 593, 852, 1003, 1110 Carnevale, Peter J., 938 Carpenter, Ted Galen, 212, 1304, 1388, 1550, 1560, 1589 Carri re, Erin, 1676 Cartledge, Garth J., 167 Cassel, Douglass, 172, 2181 Cassese, Antonio, 72, 143, 144, 145, 368, 2072, 2073, 2182, 2182, 2216 Castillo, Manuel Angel, 187 Catholic Institute for International Relations and International Platform for Jurists for East Timor, 146 Cavicchia, Joel, 2183 Centre for Human Rights, 594, 797 Cevallos, Albert, 947, 969, 1708 Chadda, Maya, 1690 Chalk, Frank, 798, 2286 Chalk, Peter, 1389 Chandler, David, 1390, 1391 Chandrani, Yogesh, 529 Charlesworth, Hilary, 1655, 1918 Charney, Jonathan I., 1345 Charny, Israel W., 67, 69, 83, 112, 125, 126, 128, 185, 399, 404, 472, 473, 701, 727, 728, 729, 730, 731, 732, 752, 756, 757, 761, 773, 780, 826, 834, 848, 853, 858, 1004, 1048, 1111, 1127, 1163, 1168, 1309, 1376, 1392, 1393, 1394, 1395, 1462, 1503, 1630, 1694, 1699, 2046, 2058, 2065, 2068, 2069, 2107, 2201, 2283, 2290 Charters, David A., 23, 55, 394, 952, 1032, 1292, 1310, 1326, 1487, 1605, 1794, 1889 Chataway, Cynthia J., 911 Chatterjee, Deen K., 1396 Chayes, Abram, 345, 912, 1112, 1397, 1703, 2224 Chayes, Antonia, 1397 Chen, Martha A., 450, 679, 770, 929, 1159 Chesterman, Simon, 147, 195, 369, 462, 1398, 1399, 1400, 1517, 1558, 1573, 1727 Chestnut, H., 766 Chigas, Diana, 605, 1741 Chilton, Patricia, 1777, 1881 Chimni, B. S., 45, 148, 595, 665, 1401 Chinkin, Christine, 146, 149, 167, 270, 325, 1345, 2007, 2074
Totten_RT3588X_C024.indd 1134
Index Chirot, Daniel, 487, 509, 577, 596, 597, 626, 635, 641, 657, 666, 667, 675, 693, 968 Choi, Seung Whan, 631 Chojnacki, S., 359, 985, 1356 Chomsky, Noam, 1402 Chopra, J., 210, 1745 Chopra, Jarat, 150, 189, 370, 371, 401, 1232, 1256, 1403, 1404, 1506, 1570, 1778, 1782, 1882, 1999, 2075 Chumak, Volodymyr, 1776 Chwaszcza, Christine, 1428 Ciampi, Annalisa, 2182, 2216 Ciechanski, Jerzy, 4, 46, 372, 1405, 1883 Cigar, Norman, 2076 Ciprut, Jose V., 553 Cissé, Catherine, 326, 2047, 2077 Clad, James, 1405 Clapham, Andrew, 219, 510, 540, 598, 733, 799, 854, 871, 1064, 1132, 2108 Clapham, Christopher, 446, 680 Clark, Donald, 966, 1070, 1136, 1162 Clark, Roger S., 118, 151, 152, 215, 2061, 2070, 2078, 2079, 2087, 2088, 2132, 2216 Clark, Wesley, 1379 Clarke, Jonathan, 1388, 1406 Clarke, Walter, 373, 1005, 1406, 1407, 1408, 1409, 1410 Clay, Jason W., 847 Cleiren, C. P. M., 151, 152, 2078, 2079 Cleve, Patricia, 511, 599, 1035 Clinton, Bill, 1493 Coady, C. A. J., 374, 1411, 1428 Coate, Roger A, 1721, 1101, 1858, 1940 Cobb, Jr., John B., 515, 610 Cockell, John G., 512, 600, 734, 855, 893, 1006, 1035 Cohen, Raymond, 606, 938 Cohen, Roberta, 601, 602, 603, 800, 1412 Coicaud, Jean-Marc, 1660 Coleman, Christopher, 2284 Colletta, Nat, 511, 599, 680, 1035 Collier, Paul, 606 Collins, Cindy, 1720 Conca, Ken, 1570 Condorelli, Luigi, 2182, 2216 Conetti, Giorgio, 2216 Conflict Analysis Center, 73, 153, 1007 Connaughton, Richard, 604, 801, 1792 Connor, Walker, 712, 881 Conroy, Richard W., 1232 Conversi, Daniele, 1413, 1417 Cook, Martin L., 1414, 1558
11/16/2006 1:41:11 PM
Index Cooper, Ann, 847 Cornish, P., 1447 Cortright, David, 570, 1008, 1009, 1058, 1113, 1115, 1177, 1178, 1227, 1228, 1231, 1232, 1233, 1238, 1241, 1256, 1414, 1574 Cote, Owen R., 504, 523, 588, 590, 591, 613, 616, 639, 645, 807, 1301, 1540 Cotton, James, 375, 1416 Cousens, E. M., 1058, 1574 Cox, David, 1736, 1867, 1944 Cramer, Christopher, 540, 871, 1064, 1132 Crane, Keith, 2031 Craven, Matthew C. R., 74, 155 Crawford, James, 155, 214, 308, 452, 2182 Crawford, Neta C., 1234 Cribb, Robert, 701, 2293 Crocker, Chester A., 605, 606, 939, 940, 941, 943, 944, 1140, 1152, 1500, 1741, 1968, 1985, 2042 Cronin, Bruce, 376, 377, 378, 424, 1417, 1564, 1697, 2352 Cronin, Patrick M., 1381 Crow, Melissa E., 450, 679, 929, 1159 Crowley, John, 379 Cryer, Robert, 156 Cushman, Thomas, 482, 856, 987, 1412, 1418, 1653, 1770, 1874, 2285 Czaniera, Uwe, 1590 Daalder, Ivo H., 1300, 1419, 1420, 1785 Dadrian, Vahakn N., 802 Dadzie, Kenneth, 1832 Dahbour, Omar, 379 Dallaire, Romeo, 735, 1010, 1011, 1206, 1311, 1421, 1779, 1780 Dallmayr, Fred, 379, 387, 425, 1567 Damrosch, Lori Fisher, 75, 158, 607, 157, 345, 1235, 1235, 1236, 1422, 1423, 1457, 1660, 1962, 1983, 1991, 1997, 2011, 2017, 2039 Dandeker, Christopher, 48, 391, 528, 1776, 1792 Dando, Malcolm, 1864, 1946 Daniel, Donald, 736, 1312, 1424, 1425, 1736, 1867, 1884, 1944, 1944 Danilenko, Gennady M., 2182 Danish Institute of International Affairs, 1425, 1426 Darbishire, Helen, 903, 1149, 1272, 1427, 1635 Darby, John, 1752 Dascalopoulou-Livada, Phani, 2216 David, C. P., 1957, 1977
Totten_RT3588X_C024.indd 1135
1135 David, Eric, 219, 2108 Davidson, Lorna, 159, 2080 Davies, John L., 737, 749, 803 Davis, David R., 531, 647 De Cesari, Patrizia, 2216 De Figueiredo, Rui J. P., Jr., 608, 1711 De Hemptinne, Jerome, 2182 de Jonge Oudraat, Chantal, 590, 591, 606, 828, 1237, 1424, 1667, 1670, 1689, 1842, 1925 de Lapresle, Betrand, 1773 De Luce, Dan, 1284, 1635, 1691 De Nike, Howard J, 2048, 2048 De Rover, Cees, 1573 De Varennes, F., 1752 de Vries, Anthonius W., 1232, 1238 de Waal, Alex, 162, 514, 544, 605, 609, 1115, 1239, 1435, 1741 De Wilde, J., 359, 1356 Decker, D. Christopher, 2081 Dedeoglou, B., 359, 1356 Dedring, J., 738, 749, 775, 804, 805, 893, 1012, 1428, Dee, Moreen, 1839 Degan, Vladimir-Djuro, 160 Deibel, Terry L., 380, 1429 Delcour, B., 359, 985, 1356 deLisle, Jacques, 161, 1430, 1470 Delmas-Marty, Mireille, 2182 DeMars, William E., 540, 871, 1064, 1132, 1150, 1156 Dempsey, Gary, 1388 Deng, Francis M., 450, 601, 602, 603, 679, 800, 929, 1159, 1411, 1431 DeRose, Laurie, 513 Des Forges, Alison L., 450, 679, 770, 929, 1025, 1159, 1635 Desch, Michael C., 1432, 1470 Deschênes, Jules, 151, 2078 Destexhe, Alain, 606, 910, 1013, 1433, 1434, 1649 Destler, I. M., 1554 Dewitt, David B., 187 Dickens, David, 1436, 1437 Dicker, Richard, 2185 Diehl, Paul F., 638, 1014, 1573, 1781, 1782, 1885 Dijkzeul, Dennis, 1859, 1950 Dilworth, Craig, 515, 610 Dinstein, Yoram, 134, 137, 163, 226, 252, 312, 348, 2082, 2124, 2151, 2176 DiPrizio, Robert, 1438 Dobbins, James, 2031
11/16/2006 1:41:12 PM
1136 Dobkowski, Michael N., 515, 516, 532, 537, 552, 559, 560, 565, 610, 661, 698, 728, 1246 Docking, Tim, 1783 Dolenc, Pavel, 151, 2078 Domb, F., 163 Dominguez, Jorge, 1439 Donini, Antonio, 540, 871, 1064, 1132 Donnelly, Jack, 1440, 1450, 1570, 1784 Donoho, D. L., 1745 Doom, Ruddy, 517, 786, 888 Dorff, Robert H., 739, 1207 Dörmann, Knut, 2186 Dorn, A. Walter, 806, 882, 1015, 1077, 1208 Dorosin, Joshua L., 1074, 1257, 1664 Doubt, Keith, 1594 Doug Bandow, 1388 Dowty, Alan, 591, 807 Doxey, Margaret P., 1232, 1240, 1241, 1242 Doyle, Michael W., 606, 1441, 1442, 1711, 1974, 2000 Draman, Rasheed, 1109, 1116, 1117 Draper, G. I. A. D., 163, 2082 Dravis, Michael, 611 Dress, Tobi P., 1016, 1035, 1118, 1951 Druckman, Daniel, 714 Du Toit, P., 1752 Duffey, Tamara, 970, 1863 Duffield, Mark, 1629 Dufresne, Charles, 882, 1077 Dugard, John, 164, 2182, 2187 Duggan, Colleen, 882, 1077 Dugger, Ronnie, 1017, 1313, 1443, 1684 Duke, Simon, 1109, 1119, 1660 Dumanski, Maciej, 187 Dunlap, Charles J., 165, 1444 Dunn, James, 701 Dunne, Tim, 76, 466, 522, 1366, 1453, 1726 Dupuy, Pierre Marie, 2182 Durch, William J., 1096, 1785, 1786, 1851, 1932 Durham, Helen, 149, 166, 167, 205, 314, 325, 328, 957, 1573, 2074, 2083, 2084, 2188 Durward, Rosemary, 1792 Duursma, Jorri, 168, 1445 Dyke, Nancy B., 1866, 1943 Dziedzic, Michael J., 904, 1273, 1314, 1787, 1825 Eagleburger, Lawrence, 1271 Eberwein, Wolf Dieter, 359, 985, 1356 Eckersley, Robyn, 288 Eckert, Sue E., 1232, 1256
Totten_RT3588X_C024.indd 1136
Index Economides, Spyros, 1580, 1818, 1905 Edith S. Klein, 952 Edward A. Kolodziej, 638 Edwards, Michael, 1842, 1925 Ehrhart, Hans-Georg, 1109, 1660 Eisner, Douglas, 1446 Ekeus, Rolf, 606 Eknes, Age, 189, 401 Elaraby, Nabil, 2216 Eldon, S., 1058, 1574 Eliasson, Jan, 47, 518, 519, 893, 910, 913, 1018, 1019, 1742, 1753, 1788, 1789, 1886, 1952 Eller, Jack David, 612 Elliot, Lorraine, 1573 Elliott, Kimberly Ann, 1232, 1249, 1537 Ellis, Andrew, 712, 881 Ellis, Anthony, 2085 Ellis, Jason D., 2296 Elshtain, Jean Bethke, 382 Emery, Michael, 1825 Enloe, Cynthia, 656, 1820 Epps, Valerie, 305, 2146 Erskine, Toni, 1447, 2086 Eser, Albin, 163, 2082, 2182 Esman, Milton J., 408, 520, 521, 712, 881, 1440, 1448, 1449, 1450, 1519, 1784 Estrada-Hollenbeck, Mica, 2019 Etcheson, Craig, 2027 Evans, Gareth, 383, 1209, 1451 Evans, Glynee, 1020, 1452 Evera, Stephen Van, 613 Everett, Robinson O., 2224 Everts, Philip, 1676 Ezell, Walter K., 808, 1460 Falk, Richard, 474, 522, 1021, 1120, 1179, 1345, 1366, 1439, 1453, 1454, 1455, 1684 Farer, Tom J., 35, 345, 458, 1422, 1428, 1456, 1457, 1686, 1832, 1887, 1953 Farrior, Stephanie, 282, 1458, 1635 Farris, Karl, 1825 Fassbender, B., 1058, 1574 Faure, Guy Olivier, 714 Fayemi, J. Kayode, 1608 Fearon, James D., 531, 614, 647 Feher, Michel, 1459 Fein, Helen, 70, 77, 650, 740, 749, 775, 793, 808, 809, 811, 817, 832, 857, 858, 1000, 1001, 1022, 1023, 1024, 1025, 1053, 1148, 1154, 1175, 1180, 1181, 1182, 1183, 1189, 1199, 1210, 1211, 1315, 1377, 1460, 1461, 1462, 1625, 1630, 1810, 1898, 2286, 2287
11/16/2006 1:41:12 PM
Index Ferencz, Benjamin, 169, 219, 2108, 2189 Ferguson, Kennan, 379 Fermann, Gunnar, 938 Fernandez De Gurmendi, Silvia A., 2216 Fernekes, William R., 2293 Fetherston, A., 615, 970, 1863, 1954, 1972, Fierke, K. M., 1463 Finch, George A., 2190 Fink, Sheri, 1417, 2285 Finlay, Brian, 1464 Finnemore, Martha, 384, 424, 1465, 1466, 1564 Finsterbusch, Kurt, 515, 610 Fisas, Vicenc, 741, 810, 1026, 1027, 1121, 1122, 1467, 1468, 1790, 1888 Fishel, John T., 535, 1005, 1207, 1314, 1406, 1582, 1813, 1817, 1901, 1904, 1979, 1990, 1993, 2004, 2035 Fisher, Ronald J., 938, 953, 954, 2019 FitzGerald, Valpy, 540, 871, 1064, 1132 Fitzpatrick, Joan, 170 Fitzsimmons, Tracy, 656, 1820 Flint, Edward, 1792 Flynn, Michael, 1017, 1021, 1063, 1120, 1179, 1313, 1325, 1443, 1684 Foley, Brian J., 171 Forbes, Ian, 1469 Foreign Policy Research Institute, 1470 Forsythe, David P., 151, 441, 1101, 1689, 1721, 1842, 1858, 1925, 1940, 2078, 2087 Fortier, Patricia, 1587 Fourmy, Olivier, 2182 Fousek, John, 70, 1000, 1063, 1325, 1377, 1684 Fowler, Jerry, 701, 2282 Fowler, Michael Ross, 385 Fox, Gregory H., 173, 186, 386, 400 Fraenkel, Eran, 450, 679, 770, 929, 1159 Francés-Gómez, Pedro, 379, 387 Franck, Thomas M., 174, 195, 1345, 1471, 1517, 1832 Frank, Martin, 388, 1590 Freedman, Lawrence, 606, 1660 Freedman-Apsel, Joyce, 2286, 2287 Freeman, Michael, 1028, 1184, 1472, 2001 Frelick, Bill, 187, 811, 1460 Frey, Robert S., 784, 1089 Frey, Thomas, 1706 Freymond, Jean F., 2299 Friedlander, Robert A., 175 Froats, Daniel T., 531, 647, 1553 Fromkin, David, 176 Frost, M., 1447 Frost, Mervyn, 665
Totten_RT3588X_C024.indd 1137
1137 Frulli, Micaela, 2182 Frye, Alton, 1473, 2191 Fukuyama, Francis, 505, 589, 1271, 1474, 1513 Fulci, Francesco Paolo, 2216 Funnell, Ray, 1660 Furlong, Kathryn, 1827 Gaer, Felice, 1660, 1832 Gaeta, Paola, 2182, 2182 Gagnon, V. P., Jr., 523, 591, 616, 617, 1450, 1989 Gaja, Giorgio, 2182 Gallagher, Hugh Gregory, 701 Gallant, Kenneth S., 151, 2078, 2088 Gallarotti, Giulio M., 1782 Galtung, Johan, 476, 2019 Gamba, Virginia, 1736, 1752, 1867, 1944 Gambari, I. A., 1058, 1574 Ganzglass, Martin P., 1573 Garb, Paula, 531, 647 Garcia, Ed, 720, 1147 Gardam, Judith G., 177, 2089 Gardner, Anne-Marie, 524, 618, 859, 1035 Gareis, Sven, 1791 Garfinkle, Adam, 914, 1470, 1475 Garofano, John, 1776 Garrett, Stephen A., 389, 1476 Gartzke, Erick, 525, 619 Garwin, Richard L., 1537 Gebemariam, K., 1745 Gellner, Ernest, 401, 1506 George, Alexander L., 742, 743, 915 Gerson, Allan, 190, 402, 1507 Geyer, Georgie Anne, 1594 Ghai, Y., 1752 Gianni, Matteo, 379 Gilbert, Alan, 379 Giovanni Conso, 2216 Gisvold, Gregory, 270, 279, 319, 1996, 2007, 2025, 2133 Glazer, Nathan, 258 Gleditsch, Nils Petter, 606 Glennon, Michael, 5, 178, 390, 1477, 1478 Glenny, M., 509, 596 Gloppen, Siri, 2027 Goble, Paul A., 673, 1703 Golberg, Ellissa, 1587 Goldberg, Eliot, M., 1825 Goldstone, Jack, 1501 Goldstone, Richard J., 179, 625, 637, 651, 712, 870, 881, 896, 984, 1056, 1105, 1139, 1192, 2090, 2192, 2224
11/16/2006 1:41:12 PM
1138 Gompert, David, 1479, 1703 Gonick, Lev S., 2289 Goodpaster, Andrew, 744, 1029, 1480 Goodpaster, General Andrew J., 744 Goodwin, Nicholas, 337 Gopin, Marc, 2019 Gordenker, Leon, 745, 775, 1030, 1859 Gordon, D. S., 1291, 1792 Gordon, Stuart, 1291, 1792 Gorjao, Paulo, 2020 Gorman, Robert F., 187 Gorman, Simon, 1706 Gosende, Robert, 373, 1407 Goulding, M., 1058, 1574 Goulding, Marrack, 910 Gounden, Vasu, 720 Gow, James, 48, 391, 392, 1212, 1213, 1352, 1481, 1482, 1731, 1776, 1792 Gowdy, John M., 515, 610 Gowing, Nik, 812, 860 Gowlland-Debbas, Vera, 49, 1031, 1243, 1483 Graham, Gordon, 180, 1484 Gray, Christine, 181, 1485 Gray, Colin S., 1366 Green, L. C., 163, 2082 Green, Rosario, 910 Greenawalt, Alexander K. A., 78, 182 Greenfeld, Liah, 1417 Greenfield, Victoria, 1385 Greenhill, Kelly M., 1690 Greenstock, Jeremy, 172 Greenwood, Christopher, 167, 183, 326 Griffin, Michelle, 1955 Griffin, Stuart, 988, 1771, 1875 Griffiths, Martin, 1504 Groom, A. J. R., 1660 Grossman, Georg S., 861 Guariglia, Fabricio, 2182 Guéhenno, Jean Marie, 393, 606, 1274, 1486, 1793 Guelke, A., 1752 Gunter, Michael M., 6, 394, 1032, 1292, 1487, 1794, 1889 Gurowitz, Amy, 288 Gurr, Ted Robert, 606, 611, 620, 621, 653, 686, 720, 746, 747, 748, 749, 776, 778, 779, 814, 818, 836, 869, 910, 1035, 1147, 1501 Gutlove, Paula, 2299 Gutman, Roy, 70, 1000, 1377, 1488 Haas, Ernst B., 7, 395, 1489 Haas, Michael, 475, 1490
Totten_RT3588X_C024.indd 1138
Index Haass, Richard N., 606, 1244, 1245, 1261, 1491, 1492, 1493, 1494 Habermas, Jürgen, 1379 Hackett, Kenneth, 622, 910, 1151 Hafner, Gerhard, 2216 Haglund, David, 1660 Haig, Alexander M., 1470, 1495 Hall, Christopher Keith, 219, 2108 Hall, Rodney Bruce, 396 Haller, Gret, 270, 2007, 2025 Halperin, Morton H., 1496 Halperin, Sandra, 531, 647 Halpin, Edward F., 847 Hamburg, David A., 526, 547, 669, 1033, 1065, 2345 Hamilton, Bernard F., 2287 Hampson, Fen Osler, 511, 524, 558, 564, 571, 599, 600, 605, 606, 618, 683, 695, 705, 750, 813, 855, 859, 873, 885, 894, 916, 939, 940, 941, 943, 944, 1016, 1034, 1035, 1036, 1054, 1055, 1081, 1118, 1130, 1137, 1140, 1152, 1158, 1166, 1191, 1220, 1497, 1500, 1741, 1743, 1743, 1827, 1951, 1965, 1968, 1985, 2042 Handler Chayes, Antonia, 345, 912, 1112, 1396, 1703 Hannikainen, Lauri, 146 Hannum, Hurst, 79, 184, 397, 712, 881 Hans, Asha, 187 Hansen, Peter, 623, 910, 1498 Hanson, Marianne, 1366, 1499 Hanson, Sam, 1587 Hara, Fabienne, 940, 1152, 1500 Harbour, F., 1447, 1447 Hardesty, J. Michael, 2296 Harff, Barbara, 50, 185, 398, 399, 621, 720, 748, 749, 751, 814, 815, 816, 817, 818, 1037, 1246, 1460, 1501, 1502, 1503, 1697, 2352 Harris, Marshall Freeman, 1594 Harriss, John, 1504 Hart, Barry, 624, 1992, 2019, 2021 Hartz, Halvor A., 1773 Hashmi, Sohail H., 173, 186, 386, 392, 400, 403, 443, 1509, 1558 Hathaway, James C., 187 Haufler, Virginia, 606 Hayden, Robert M., 1690 Hayes, Bradd, 736, 1312, 1423, 1424, 1884 Hayes, Vere, 1843, 1926 Healey, Sharon, 80, 188, 2091 Hechter, Michael, 625, 712, 881
11/16/2006 1:41:12 PM
Index Hefner, Robert W., 1247, 1505 Heiberg, Marianne, 189, 401, 1506 Heinbecker, P., 1058, 1574 Heine-Ellison, Sofia, 1248 Heininger, Janet E., 1795, 1975, 2032 Heisler, M., 985, 1356 Heisler, Martin, 749 Heje, Claus, 1744, 1754, 1796, 1956 Heldt, Birger, 572, 706, 895 Hell, Judit, 379 Helton, Arthur, 819 Henkin, Alice M., 1577, 1978, 2034 Henkin, Louis, 190, 402, 1345, 1507 Henquet, Thomas, 191, 2092, 2193 Henzelin, Marc, 2182 Herbst, Jeffrey, 591, 680, 1408, 1409 Herman, Edward S., 1690 Hermann, Charles F., 780 Herring, Eric, 1508 Herring, George C., 1660 Herring, Ronald J., 521 Herrmann, Kristine, 947, 969, 1708 Herrring, Eric, 1366 Heuser, Beatrice, 8, 51, 186, 192, 400, 403, 1509 Heuveline, P., 509, 596 Hewstone, M., 509, 596, 626 Higgins, Rosalyn, 1380 Hill, Stephen, 1797, 1798, 1890, 531, 647 Hill, William H., 1731 Hillen, John, 1799, 1800, 1891, 1892, 1946 Hilsum, Lindsey, 1629 Himelfarb, Sheldon, 955 Hinton, Alex, 2287 Hirsch, Herbert, 81, 404, 1185, 1186, 1510, 2288 Hirsh, David, 193, 2093 Hirsh, Michael, 1511 Hoare, Quintin, 2346 Hodge, Carl Cavanah, 1512 Hoekkeru, Hanns, 1773 Hoffman, Mark, 1469 Hoffman, Paul L., 219, 2108 Hoffmann, Stanley, 190, 402, 405, 606, 1380, 1428, 1507, 1513, 1514, 1515, 1703 Holbrooke, Richard, 940, 1516 Holl, Jane E., 743 Holliman, Rick, 1629 Holmes, J., 1574, 2168, 2182, 2198, 2216 Holst, Johan Jorgen, 189, 401, 1506 Holsti, K. J., 194, 406 Holzgrefe, J. L., 195, 407, 1517
Totten_RT3588X_C024.indd 1139
1139 Honig, Jan Willem, 1293, 1518 Hopkins, Raymond F., 408, 1450, 1519, 1859 Hopmann, P. Terrence, 606 Horowitz, Donald L., 625, 637, 651, 712, 712, 870, 881, 896, 1056, 1139, 1192 Horowitz, Shale, 2094 Hosmer, Stephen T., 1520 Houston, Allison, 938 Hovannisian, Richard, 2286, 2293 Howard, Ephraim M., 752, 853, 1394 Howard, Michael, 606, 1832 Howard, Rhoda E., 2286 Howard, Yocheved, 752, 853, 1394 Howard-Hassmann, Rhoda E., 2287 Hubert, Don, 1587 Hudson, Heidi, 656, 1820 Hufbauer, Gary Clyde, 1249, 1537 Hüfner, Klaus, 409, 1038, 1521 Hugh Smith, 1982 Hulton, S., 1058, 1574 Human Rights Watch, 627, 628, 629, 1522, 1523 Hume, C. R., 956, 1058, 1250, 1574 Hume, John, 910 Hunt, D., 2194 Husanovic, Jasmina, 1366, 1976 Huttenbach, Henry, 2293 Hveem, Helge, 540, 871, 1064, 1132 Idris, Kamil, 9 Ignatieff, Michael, 195, 1517 Ikenberry, G. John, 1660 Independent International Commission on Kosovo, 1039, 1524 Inoguchi, Takashi, 1763, 1871 Institute on the Holocaust and Genocide, 82, 1041, 1525, 2342 International Alert, 2341 International Commission on Intervention and State Sovereignty, 196, 410, 411, 630, 1042, 1214, 1526, 1527, 1528 International Criminal Tribunal for Rwanda, 198, 199, 2096, 2097 International Crisis Group, 2098 International Journal of Human Rights, 412, 1529 Isernia, Pierangelo, 1676 ITN Network, 2344 Jackson, Robert, 413, 446, 1570 Jacobs, Steven L., 83, 89, 1395 Jacobsen, Carl G., 476
11/16/2006 1:41:12 PM
1140 Jahan, Rounaq, 701, 2293 Jakobsen, Peter Viggo, 917, 1530 James, Alan, 414, 446, 1660 James, Harold, 528 James, Patrick, 631 Janis, Mark W., 415, 415 Jarvis, Helen, 2048 Jarvis, Michelle J., 177, 2089, 2089 Jatras, James George, 1388 Jentleson, Bruce W., 10, 416, 417, 418, 531, 606, 632, 633, 647, 754, 862, 863, 864, 918, 919, 920, 1043, 1044, 1123, 1187, 1215, 1216, 1217, 1531, 1532 Jeong, Ho-Won, 1957, 1977, 2022, 2033 Jervis, Robert, 1711 Jescheck, H. H., 2194 Job, Brian, 1689, 1842, 1925, 1827 Joffe, George, 189, 401, 1506 Johansen, Robert C., 529, 1343, 1513, 1737 Johansson, Eva, 1776 Johnson, James Turner, 1533 Johnson, Kathleen M., 200, 2348 Johnson, M., 1574 Johnson, Richard, 1594 Johnson, William T., 634 Johnston, Karin, 1676 Johnstone, Ian, 1792 Jokic, Aleksandar, 2085 Jonassohn, Curt, 865, 2286 Jones, Adam, 1062, 1534, 1584, 2099 Jones, Bruce, 578, 1535, 1536, 1711, 1755, 1801, 1955 Jones, Christopher, 263 Jones, John R. W. D., 202, 2100, 2182, 2351, 1694 Jones, Peter, 2349 Jones, R. W. D., 201 Jones, Seth G., 2031 Jongman, Albert, 749, 822 Joras, Ulrike, 625, 637, 651, 712, 870, 881, 896, 1056, 1139, 1192 Jorda, Claude, 2182 Jorgensen, N. H., 84, 203 Joseph, Troy, 771, 1109, 1160 Josipovic, Ivo, 326 Joulwan, George A., 866 Jowitt, K., 509, 596, 635 Judah, Tim, 1379 Kadri, Sadakat, 219 Kahn, Maha, 720, 776 Kakizawa, Koji, 1040, 1251, 1316
Totten_RT3588X_C024.indd 1140
Index Kalb, Marvin, 1271 Kaldor, Mary, 477, 636 Kälin, Walter, 637, 712, 881 Kaltefleiter, Werner, 22, 1604 Kanet, Roger E., 638, 1606, 1781, 1885 Kanter, Arnold, 1473, 1537 Kapila, Mukesh, 1035 Kaplan, Cynthia S., 531, 647 Karádi, Matthias, 1660 Karagiannakis, Magdalini, 85, 204, 2101 Karawan, Ibrahim A., 1660 Karns, Margaret P., 11, 1538, 1757, 1802, 1822, 1843, 1893, 1926 Karuru, Njeri, 882, 1077 Kasfir, Nelson, 680 Kastrup, Dieter, 172 Katin, Ernest, 853, 1127, 1394, 2107 Kaufman, Joyce P., 1124, 1539 Kaufmann, Chaim, 591, 639, 1301, 1352, 1540, 1711 Kaufmann, Johan, 12, 419, 1541 Kaul, Hans-Peter, 2182, 2195, 2196, 2216 Kay, Steven, 2182 Kaysen, Carl, 13, 157, 395, 1317, 1421, 1489, 1542, 1702, 1803, 1894, 2224 Keashly, Loraleigh, 506, 592, 938, 970, 1384, 1863 Keating, C., 1058, 1574 Keating, Tom, 1745, 1958 Keen, David, 1504 Keller, Edmond J., 531, 640, 647, 1543 Kelly, Erin, 1428 Kelly, Michael, 167, 205, 957, 1573 Kemp, Geoffrey, 606 Kennedy, David, 1544 Kennedy, Paul, 1040, 1251, 1316 Kennedy-Pipe, Caroline, 86, 206, 1366 Keohane, Robert O., 195, 407, 1517 Keren, Michael, 377, 420, 1545 Kernic, Franz, 1776 Kerr, Rachel, 207, 2102 Kesic, Obrad, 1731 Kew, Darren, 450, 679, 770, 929, 1159 Khadiagala, Gilbert M., 786, 888, 1125 Khan, Asif, 1827 Khan, Prince Sadruddin Aga, 755, 823, 1045 Khosla, Deepa, 720 Khutsishvili, George, 1660 Kibreab, Gaim, 187, 540, 871, 1064, 1132 Kicker, Richard, 154, 2184 Kiernan, Ben, 509, 596, 641, 701 Kilgour, D. Marc, 714
11/16/2006 1:41:12 PM
Index Kim, Sung Hee, 714 King, Henry T., 208, 421, 2103, 2197 Kingsbury, Benedict, 1832 Kinlock, Stephen P., 1318, 1546 Kirgis, Frederic L., 1547 Kirkpatrick, Jeanne J., 190, 402, 1507 Kirsch, Philippe, 154, 1574, 2216, 2168, 2182, 2184, 2198, 2203 Kirschke, Linda, 2002 Kissinger, Henry A., 209, 1379, 2199 Klare, Michael T., 529, 530, 680 Klinghoffer, Arthur Jay, 1548 Klotz, Audie, 1234 Knight, W. A., 210, 921, 1745, 1756, 1804, 1958 Knight, Gerald, 756, 1153 Knoops, Geert-Jan Alexander, 211, 216, 2104 Knox, Katharine, 644, 825 Knudsen, Tonny Brems, 1549 Kober, Stanley, 14, 212, 1388, 1550 Koenig, Dorean M., 117, 166, 213, 276, 2083, 2188, 2200 Koester, Otto, 2299 Kofman, Daniel, 1417 Kolb, Robert, 214, 2105 Kolodkin, Roman A., 151, 215, 2078, 2106 Kolodziej, Edward A., 15, 40, 52, 1046, 1188, 1551 Korey, William, 1630 Koser, Khalid, 665 Kostakos, Georgios, 1660 Kostner, Markus, 680 Kourula, Pirkko, 1252 Koutrakou, Vassiliki, 938 Krasner, Stephen D., 217, 422, 423, 531, 647, 1552, 1553, 1570 Krasno, Jean, 1805 Kratochwil, Friedrich, 1570 Kreb, Claus, 2196 Kreimer, Osvaldo, 1109, 1126 Kremnitzer, M., 163 Krepon, Michael, 606 Kress, Claus, 2182 Krieger, David, 2201 Krieger, Heike, 218, 642 Kriesberg, Louis, 605, 606, 938, 958, 1741, 2019 Kritsiotis, Dino, 288 Kritz, Neil, 606, 2003 Kroslak, Daniela, 76, 1366, 1447 Krug, Peter, 282, 1635 Kuenning, Howard F., 1773 Kull, Steven, 1554, 1676
Totten_RT3588X_C024.indd 1141
1141 Kumar, Chetan, 638, 882, 1077, 1606 Kumar, Radha, 1303, 1639 Kupchan, Charles A., 606 Kuper, Leo, 703, 757, 853, 1047, 1048, 1154, 1394, 1460, 2286 Kuperman, Alan J., 1218, 1555, 1690 Kuran, Timur, 531, 647 Kuroda, Michiko, 31, 585, 745, 758, 768, 775, 783, 792, 805, 809, 1030, 1072, 1210, 1597, 1759, 1834 Kurth, James, 1470, 1556 Kurth, Steven, 749, 759, 824 Kurtz, Lester, 643 Kushner, Tony, 644, 825 Kutner, Luis, 853, 1127, 1394, 2107 La Rosa, Anne-Marie, 2182 Labonne, Beatrice, 507 Laitin, David D., 1711 Lake, Anthony, 1493 Lake, David A., 531, 591, 614, 633, 640, 645, 646, 647, 648, 682, 754, 867, 919, 971, 1217, 1275, 1553, 1650, Lamb, Susan, 2182 Lambeth, Benjamin S., 1557 Lamborn, Alan C., 424, 868, 1564 Lambourne, Wendy, 2019, 2023 Lammers, Johan G., 336 Lampe, John, 1731 Landberg, Chris, 1639 Lang, A. Jr., 1447 Lang, Anthony, F. 1357, 1386, 1413, 1397, 1558, 1619, 1718 Lange, John E., 649 Langholtz, Harvey J., 2299 Langille, H. Peter, 970, 1049, 1319, 1806, 1863 Lasswell, Harold D., 780 Last, David, 760, 970, 1050, 1128, 1863, 1972, 1957, 1977 László Valki, 1660 Latawski, Paul, 1674, 1792 Latham, A. A., 1745 Lattanzi, Flavia, 2216 Lattimer, Mark, 219, 219, 2108, 2108, 2202 Lauren, Paul Gordon, 220 Lautze, Sue, 656, 1820 Lavoyer, Jean-Philippe, 221, 1051, 1290, 1294, 1559, 1773 Lavrov, Sergey, 172 Layne, Christopher, 1388, 1560 Le Fraper du Hellen, B atrice, 2216 Leaning, Jennifer, 2282
11/16/2006 1:41:13 PM
1142 LeBlanc, Lawrence J., 87, 88, 222 Lederach, J. P., 606, 938, 959, 1752 Lee, Joanne, 1827 Lee, John M., 16, 1320, 1321, 1322, 1561, 1807, 1895 Lee, Roy S., 223, 224, 1808, 1896, 2204 Leezenberg, Michiel, 701 Lehmann, Ingrid A., 1052, 1276, 1562, 1809, 1897 Leifer, Michael, 1580, 1818, 1905 Leitenberg, Milton, 1025, 1053, 1183, 1189, 1810, 1898 Lemarchand, Rene, 701, 650, 651, 701, 703, 712, 881, 1460, 2287, 2293 Lemkin, Raphael., 89 Lendvai, Ferenc L., 379 Lennartsson, Izumi Nakamitsu, 558, 683, 1035, 1137, 1965 Lent, Tom, 450, 679, 770, 922, 929, 1159 Lepard, Brian D., 225, 1563 Lepgold, Joseph, 376, 424, 424, 868, 1416, 1465, 1564,, 1769, 1854, 1935 Lerche, C., 1957, 1977, 2022 Lerner, N., 163, 226, 2082 Lescure, Karine, 2109 Letica, Slaven, 1417, 1594 Lettert, Mike, 1998 Leurdijk, Dick, 12, 419, 1540 Levene, Mark, 2287 Levie, H. S., 163, 2082 Levine, Iain, 1504 Levy, Jack, 606 Lewis, Chris H., 515, 532, 610 Lewis, Ioan, 1580, 1818, 1905 Lewis, Paul, 1295, 1323, 1565, 1811, 1899 Lewis, William H., 1537 Licklider, Roy, 605, 606, 1741 Lieber, Robert J., 1532 Lieblein, Julius, 853, 1394 Liebler, Claudia, 1964 Lietzan, William L., 154, 2184 Lietzav, William K., 2203 Lingnau, Hildegard, 861 Linklater, Andrew, 1660 Liotta, P. H., 1690 Lippman, Matthew, 90, 227 Lischer, Sarah Kenyon, 652 Littell, Franklin, 761, 826 Livermore, Daniel, 1587 Livingston, Steven, 1660 Lizée, Pierre, 952 Loescher, Gil, 591, 665, 807, 829, 1827
Totten_RT3588X_C024.indd 1142
Index Lohman, Diederik, 1129, 1190, 1566 Loone, Eero, 379, 425, 1567 Lopez de la Vieja, Teresa, 379 Lopez, George, 1058, 1227, 1228, 1231, 1232, 1233, 1238, 1241, 1256, 1574, 1697, 2352 Loughlin, J., 1752 Lowe, Vaughan, 214, 228, 308, 452, 1568 Lucas, George R., 1428 Luciak, Ilja A., 656, 1820 Luck, Edward C., 1035, 1054 Ludlow, D. R. L., 1219, 1569 Lund, Michael S., 653, 712, 720, 762, 869, 881, 882, 893, 896, 923, 924, 1035, 1055, 1056, 1057, 1077, 1130, 1131, 1155, 1191, 1192, 1193, 1220, 2350 Luttwak, Edward, 606 Lynn-Jones, Sean M, 591, 504, 523, 588, 590, 613, 616, 639, 645, 807, 1301, 1539 Lyons, Gene, 17, 426, 1570, 1570, 1812, 1900 Lyons, Terrence, 680 MacDermot, Niaal, 229 Mace, James E., 701, 703, 1460, 2293 MacFarlane, S. Neil, 654, 960, 1571, 1843, 1926 MacFarquhar, Emily, 450, 679, 770, 929, 1159 MacGinty, Roger, 1752, 1843, 1926 MacInnis, John A., 1813, 1901 Mack, Andrew, 1827, 1827 Mackay, Angela, 656, 1820 Mackenzie, Ruth, 2141, 2218 MacKinlay, John, 970, 1782, 1863 MacLean, Sandra J., 786, 888 Macrae, Joanna, 533 Magnarella, Paul J., 230, 2110 Mahbubani, K., 1058, 1574 Makinda, Samuel M., 427, 1573 Malan, Mark, 1843, 1926 Malanczuk, Peter, 325, 326, 2157, 2182, 2227 Maley, William, 665, 1572, 1573, 1814, 1843, 1926 Malik, Shahin P., 1798 Malmstrom, Susanne, 270, 2007 Malone, David M., 18, 53, 231, 428, 501, 511, 524, 558, 564, 571, 599, 600, 618, 683, 695, 705, 750, 813, 855, 859, 873, 885, 894, 916, 1016, 1034, 1035, 1036, 1054, 1055, 1058, 1081, 1088, 1118, 1130, 1137, 1158, 1166, 1191, 1220, 1497, 1573, 1574, 1689, 1743, 1815, 1842, 1902, 1925, 1951, 1965 Malone, Linda, 232, 2111
11/16/2006 1:41:13 PM
Index Manas, Jean E., 1703 Mandel, Michael, 1690 Mandelbaum, Michael, 1575, 1677, 1690 Mandell, Brian, 938 Mangum, Ronald Scott, 1576 Manikas, Peter, 124, 2067 Mann, K., 163, 2082 Mansfield, Edward D., 606 Manwaring, Max G., 535, 1005, 1207, 1314, 1406, 1582, 1817, 1904, 1979, 1990, 1993, 2004, 2035 Maogoto, Jackson Nyamuya, 233, 234, 429, 478, 1059, 2112, 2113, 2205, 2206 Mapel, David R., 1649 Marchesiello, Michele, 2182 Mares, Peter, 665 Marks, Edward, 763 Marks, Jonathan H., 235, 430 Markusen, Eric, 699, 700, 701, 1096, 1694, 1701, 2282, 2293, 2351 Marquardt, Paul D., 236, 2207 Marshall, Monty G., 1035 Marston, John, 1635 Marten, Kimberly Zisk, 1816, 1903 Martin, G. R., 1745 Martin, Ian, 462, 1058, 1060, 1574, 1577, 1578, 1727, 1978, 2034 Martin, Lisa L., 1253 Martines, Francesca, 2182 Martini, Sten, 1773 Masciulli, J., 1745 Mastanduno, Michael, 426, 1570 Mathews, Jessica T., 534 Matic, Vladimir, 1731 Matloff, Jonathan, 806, 1015, 1208 Matthews, Jessica T., 431 Matthews, Robert O., 578 Maximenko, A. I., 1745 Maxwell, Dayton L., 535, 1582, 1817, 1904, 1979, 1990, 1993, 2004, 2035 May, Larry, 237, 432, 2114 May, Richard, 219, 238, 239, 240, 2108, 2115, 2116, 2117, 2208 Mayall, James, 446, 462, 1579, 1580, 1660, 1727, 1818, 1905 Maynard, Kimberly A., 655, 1980, 1994, 2024 Mays, Terry M., 433, 1221, 1324, 1581, 1819, 1906 Mazurana, Dyan, 241, 656, 1820 McCalla, Robert B., 424, 1564 McCauley, Clark, 509, 596, 657 McChrystal, Stanley A., 1473
Totten_RT3588X_C024.indd 1143
1143 McCleary, Rachel M., 450, 679, 764, 770, 929, 1159 McClintock, Elizabeth, 2299 McClintock, Michael, 70, 1000, 1148, 1377 McCormack, Timothy L.H., 149, 167, 205, 219, 242, 243, 314, 328, 957, 2074, 2084, 2108, 2118, 2209 McCorquodale, Robert, 1655, 1918 McCoubrey, Hilaire, 19, 244, 1366, 1583, 1907 McDaniel, Chad K., 737, 803 McDonagh, Melanie, 1366 McDonald, Avril, 245, 246, 326, 1821, 1908, 2049, 2119, 2210 McDonald, David Bruce, 1584 McDonald, Gabrielle Kirk, 247, 2120 McDowall, David, 1585 McFarlane, John, 1843, 1926 McInnes, Colin, 1586 McKay, Fiona, 219, 2108 McKay, S., 1957, 1977, 2022 McNerney, Patricia, 2203 McRae, Rob, 1587 McWhinney, Edward, 20, 1588 Mearsheimer, John J., 1304, 1388, 1589 Meernik, James, 248, 249, 2121 Meerts, Paul W., 714 Meggle, Georg, 253, 309, 388, 434, 1590 Mehmet, Ozay, 536 Mehra, Malini, 499, 847 Meierhenrich, Jens, 680 Mekhemar, Lamia, 2216 Melson, Robert, 2287 Melvern, Linda, 1061, 1062, 1591 Mendes, Errol P., 536 Mendlovitz, Saul, 70, 1000, 1063, 1325, 1377, 1684 Mennecke, Martin, 701, 1694, 1697, 2351, 2352 Menzies, John, 1995, 2005, 2015, 2036 Meron, T., 54, 163, 250, 251, 252, 2050, 2082, 2122, 2123, 2124, 2216, Mertens, Thomas, 21, 253, 434 Mertus, Julie, 282, 665, 1277, 1558, 1592, 1593, 1635 Messer, Ellen, 513 Mestrovic, S. G., 482, 483, 987, 1412, 1417, 1594, 1653, 1770, 1874, 2285 Metre, Lauren Van, 1995, 2005, 2015, 2036 Mettraux, Guénaël, 254, 2125 Metzl, Jamie Frederic, 1278, 1595, 1596 Meyer, Karl E., 2211 Miall, Hugh, 658, 659, 712, 775, 870, 881, 896, 961, 1597
11/16/2006 1:41:13 PM
1144 Milicevic, Nedo, 270, 2007 Millar, Alistair, 1232 Miller, Lynn H., 435, 1598, 2289 Miller, N., 1058, 1574 Miller, Richard W., 1428 Miller, Seumas, 1590 Miller, Steven E., 504, 523, 588, 590, 591, 613, 616, 639, 645, 807, 1301, 1539 Mills, Kurt, 436, 660, 827, 1599 Milosevic, Slobodan, 1379 Milton, Sybil, 701 Mingst, Karen A., 11, 1538, 1757, 1802, 1822, 1843, 1893, 1926 Minow, Martha, 172 Mirkovic, Damir, 1600 Mironko, Charles, 2029, 2051, 2162 Miskel, James F., 765 Mitchell, C., 1752 Mitchell, Ian R., 1366, 2006, 2037 Mockaitis, Thomas R., 1601, 1823, 1909 Möckli, Daniel, 574, 1203 Moghalu, Kingsley, 255 Moir, Lindsay, 256 Mol, Nico, 270, 2007 Møller, Bjørn, 1660 Moltke, Elisabeth, 1697, 2352 Momen, Moojan, 1200 Monshipouri, Mahmood, 257, 437, 1602, 2126 Montgomery, Clare, 2108 Montgomery, John D., 258 Montville, Joseph V., 2019 Mooney, Erin D., 665 Moore, Will H., 531, 647 Morales, Waltraud Queiser, 515, 537, 610, 661 Moreira, Adriano, 146 Morgan, Patrick M., 714 Morgenthau, Hans J., 259, 479, 1603 Morjé Howard, Lise, 1676 Morjé Howard, Marc, 1676 Morphet, Sally, 1832, 1959 Morris, Justin, 19, 22, 1583, 1604, 1907 Morris, Madeline, 2203, 2224 Morris, Nicholas, 462, 1727 Morris, Virginia, 260, 2127 Morrison, Alex, 23, 55, 735, 1010, 1206, 1311, 1326, 1327, 1605, 1779 Morrison, J. Stephen, 605, 1741 Morrow, Lance, 1328 Mortimer, Edward, 910, 1260 Morton, Jeffrey S., 91, 261 Moshiri, Farrokh, 1501 Mouhong, Xue, 1040, 1251, 1316
Totten_RT3588X_C024.indd 1144
Index Moxon-Browne, Edward, 615, 1744, 1754, 1796, 1824, 1910, 1954, 1956 Mthembu-Salter, Gregory, 942 Muller, Joachim, 24 Müller, Olaf L., 1590 Munck, Gerado, 638, 1606 Mundis, D., 2194 Murphy, John F., 262 Murphy, Sean D., 25, 56, 263, 438, 1607, 2128 Murray, Monica Wolfe, 583 Musah, Abdel-Fatau, 1608 Muscat, Robert J., 538, 662 Mushakoji, Kinhide, 775 Mychajlyszyn, Natalie, 439, 1109 Nafziger, E. Wayne, 510, 539, 540, 598, 663, 733, 799, 854, 871, 890, 891, 1064, 1100, 1132, 1150, 1156 Nambiar, Satish, 1660, 1843, 1926 Nardin, Terry, 26, 440, 1558, 1610 Nash, William L., 2224 Nassaver, Otfried, 1777, 1881 Natsios, Andrew, 962, 1014, 1611, 1649, 1782 Navari, 1447 Ndikumana, Léonce, 541, 664 Neier, Aryeh, 264, 2212 Nel, Philip, 1660 Nelson, Jane, 542, 1201 Neressian, David L., 92, 265 Nesho, Ambassador Agim, 1731 Nesi, Giuseppe, 2216 Nesiah, Vasuki, 2027 Neuffer, Elizabeth, 480, 2129 Newcomb, R. Richard, 1232 Newland, Kathleen, 828, 1667, 1859 Newman, Edward, 266, 267, 502, 543, 665, 829, 1076, 1088, 1194, 1689, 1793, 1842, 1925, 1966, 2130 Nicholson, Frances, 790, 830, 972, 1338 Nicolaïdis, Kalypso, 450, 679, 770, 872, 929, 1157, 1159 Nicolas van de Walle, 680 Nicu Sava, Ionel, 1776 Niewyk, Donald L., 701 Nikitin, Alexander I., 1776 Nino, Carlos S., 93, 271 Noel, Malcolm, 2346 Nolan, Janne E., 1570 Noll, Gregor, 665 Nolte, Georg, 1832 Norton, Richard, 660, 765, 827 Nowak, Manfred, 270, 2007
11/16/2006 1:41:13 PM
Index Nowrojee, Binaifer, 268, 2131 Nsereko, Daniel D. Ntanda, 269, 2132 Ntanda Nsereko, Daniel D., 151, 2078 Nwankwo, Clement, 450, 679, 929, 1159 Nye, Joseph, 606 Nyheim, David, 720, 776 O’Connor, Michael, 1843, 1926 O’Donnell, Dennis, 2299 O’Flaherty, Michael, 270, 279, 319, 1996, 2007, 2025, 2133 O’Halloran, Patrick J., 1614 O’Hanlon, Michael, 1300, 1419, 1464, 1615, 1616, 1617, 2038 O’Leary, B., 509, 596 O’Leary, Brendan, 667 O’Neil, Maureen, 873, 1035, 1158 O’Neill, Michael J., 831, 1202 O’Neill, William, 1618 O’Reilly, Marc, 1676 O’Shea, Andreas, 273, 2213 O’Sullivan, Eugene, 2052 O’Sullivan, Meghan L., 1245 Oakley, Robert, 1825, 1891 Oberg, Jan, 1343, 1737 Oberschall, Anthony, 509, 596, 666 Odom, William E., 1613 Ogata, Sadako, 1573, 1773 Okun, Herbert S., 910 Olmos, Cecilia, 656, 1820 Omaar, Rakiya, 544 Oneal, John, 557 Ongena, Tom, 2182 Onishi, A., 766 Onuf, Nicholas, 1558, 1570, 1619 Oosterveld, Valerie, 241, 656, 1587, 1820, 2182 Op Den Buijs, Tessa, 1776 Orentlicher, Diane F., 93, 154, 219, 271, 345, 2108, 2184 Orford, Anne, 272, 1620 Organization for Economic Cooperation and Development, 545, 1134 Organization of African Unity, 94, 668, 767, 1133, 1222, 1621 Orie, Alphons, 2182 Orr, Katie, 786, 888 Orrego Vicuña, F., 2194 Orth, Rick, 925, 1223 Osman, Hibaaq, 2299 Osmanczyk, Edmund Jan, 27 Osofsky, Hari M., 274 Ostervd, Oyvind, 401, 1506
Totten_RT3588X_C024.indd 1145
1145 Othman, Mohamed, 2027 Ouellette, André, 507 Ould-Abdallah, Ahmedou, 926 Owen, Lord David, 910, 1254, 1622 Pace, William R., 2182 Padilla, Luis Alberto, 720 Pajic, Zoran, 270, 2007 Pape, Robert A., 1255 Parekh, Bhikku, 1629 Parenti, Michael, 1623 Paris, Roland, 606, 1960, 1981, 2008 Parpart, Jane, 241, 656, 656, 1820 Parsons, Anthony, 1040, 1251, 1316, 1832 Parsons, William S., 701, 2283, 2290 Pasic, Amir, 1558, 1624, 1649 Pastor, Manuel, Jr., 503 Patomaki, Heikki, 546 Patten, Jamie, 1777, 1881 Paul, J. A., 1058, 1574 Paust, Jordan, 275, 276, 326 Pavkovic, Aleksandar, 1590 Pearson, Frederic S., 690 Pease, Kelly Kate, 441 Pechota, Vratislav, 832, 1460, 1625 Peck, Connie, 547, 606, 669, 670, 927, 928, 963, 1065, 1135, 1746 Pejic, Jelena, 2214 Pellet, Alain, 442, 1626, 1638, 2182 Penrose, Mary Margaret, 277, 2215 Peou, S., 1745 Peou, Sorpong, 1224, 1627, 1826, 1911 Pérez de Cuéllar, Javier, 1782, 1832 Pervin, David J., 371 Pesic, Vesna, 671 Petersen, Roger D., 548, 672 Petersmann, Ernst-Ulrich, 28, 278 Petrie, Charles, 1286, 1706, 1706 Petroska Beska, Violeta, 450, 679, 770, 929, 1159 Petrovic, Drazen, 270, 279, 2007, 2133 Pfaltzgraff Jr., Robert L., 673 Pfannkuche, Walter, 1590 Pfirter, Didier, 154, 2184 Philo, Greg, 1629 Philpott, Daniel, 281, 443, 444, 446, 1628 Pickett, George E., Jr., 1537 Picotti, Lorenzo, 2216 Pieterse, Jan Nederveen, 445, 1612, 1629 Pilch, Frances T., 280 Pinto Leite, Pedro, 146 Platzer, Michael, 345
11/16/2006 1:41:13 PM
1146 Plesch, Dan, 1777, 1881 Plunkett, Mark, 1573, 1982, 2009 Pocar, Fausto, 2216 Politi, Mauro, 2182, 2216 Popovic, Elena, 270, 2007 Porter, Jack, 729, 1024, 1182 , 1630 Posen, Barry, 591, 1352, 1631 Posner, Daniel N., 680 Potgieter, Jakkie, 1736, 1867, 1944 Pottier, Johan, 1632 Powell, Colin L., 1493 Power, Samantha, 70, 1000, 1377, 1633, 2224 Preisler, Barry, 1450 Prendergast, John, 549, 550, 674, 964, 2010, 2016, 2026 Price, Monroe E., 132, 282, 282, 901, 903, 1149, 1269, 1270, 1272, 1277, 1279, 1284, 1287, 1364, 1387, 1426, 1458, 1590, 1593, 1634, 1635, 1691, 1692, 1730, 1988 Price, Richard, 1827, 1912 Prins, Gwyn, 1636, 1638 Prokopiejevic, Miroslav, 1590 Provost, René, 283, 2134 Pruitt, Dean G., 714 Prunier, G., 509, 596, 675 Pugh, Michael, 29, 46, 57, 372, 934, 1098, 1312, 1318, 1329, 1404, 1423, 1546, 1549, 1637, 1828, 1833, 1883, 1884, 1913, 1917, 1923 Pugwash Study Group, 360, 442, 447, 1638, 1639 Pulkkinen, Tuija, 379 Quigley, John, 2048 Quintal, Anne L., 284, 2135 R. A. Coate, 1745 Rabkin, Jeremy, 448 Racsmany, Zsuzsanna, 893 Radin, Max, 2136 Radu, Michael, 1388 Rae, James, 2137 Ragazzi, Maurizio, 95, 285 Railsback, Kathryn, 96, 286, 1066 Rajagopal, Balakrishnan, 326, 2138 Ralph, Regan, 268, 2131 Ramcharan, B. G., 1047 Ramcharan, Gangapersand, 768, 775 Ramet, Sabrina Petra, 551, 676 Ramsay, Clay, 1676 Ramsbotham, David, 1640 Ramsbotham, Oliver, 506, 592, 788, 970, 1049, 1319, 1384, 1641, 1806, 1863, 1961, 1972
Totten_RT3588X_C024.indd 1146
Index Raper, Mark, 665 Rappoport, Leon, 515, 552, 610 Rapport, David C., 673 Rasmussen, J. Lewis, 950, 954, 956, 958, 962, 1250, 2019, 2294 Ratchev, Valery, 1776 Rathbun, Brian C., 1642 Rathjens, George, 13, 1317, 1542, 1803, 1894 Rathmell, Andrew, 2031 Ratner, Steven R., 97, 287, 345, 1058, 1422, 1574, 1962, 1983, 1991, 1997, 2011, 2017, 2039 Raven-Roberts, Angela, 241, 656, 656, 1820 Rawski, F., 1058, 1574 Razumtsev, Alexandr, 1776 Reader, Melvyn, 1629 Reed, Laura W., 157, 395, 1421, 1489, 1702 Reeves, Eric, 2282 Regan, A., 1752 Regan, Patrick M., 1643 Reid, Natalie, 1232, 1256 Reilly, B., 1752 Reisman, Michael, 1345, 2194, 2216 Rengger, N., 1447 Renninger, John P., 769 Reus-Smit, Christian, 288 Reyntjens, Filip, 2027 Rich, Paul B., 1792 Rich, Roland, 267, 543 Richmond, Oliver P., 280, 1144 Ridgway, Andrew, 1773 Rieff, David, 1829, 1914 Riegler, H., 359, 985, 1356 Rienstra, Dianna, 507 Riggs, Fred W., 553 Rikhye, Indar Jit, 1067, 1330, 1644, 1747, 1758, 1830, 1915, 1963 Rimmerman, Craig A., 515, 610 Rittner, Carol, 1090, 1695, 2293 Rizopoulos, Spiros, 1388 Roberts, A., 412, 462, 677, 1068, 1296, 1529, 1574, 1645, 1646, 1712, 1727, 1831, 1832, 1916, 2139 Robertson, Geoffrey, 325 Robertson, Sue, 242, 2209 Robinson, Darryl, 1587, 2168, 2182 Robinson, Gillian, 1843, 1926 Robinson, Kenneth J., 2048 Robinson, Mary, 172, 554, 678, 874 Robinson, Patrick, 2182 Robinson, Piers, 1280 Roche, James G., 1537
11/16/2006 1:41:13 PM
Index Rodley, Nigel, 30, 174, 219, 289, 1439, 1471, 1647, 2108 Rogers, Elizabeth S., 1232, 1233 Rogers, William, D., 190, 402, 1507 Rohol, Susan, 350, 1694, 2351 Rome Statute of the International Criminal Court, 290 Ronayne, Peter, 1694, 2351 Ronfeldt, David, 900, 905, 1267 Roper, Norbert, 712, 881 Rosale, José M., 379, 387, 425, 1567 Rosand, Eric, 291 Rosandic, Ruzica, 2291 Rose, Gideon, 1648 Rose, Sir Michael, 1773 Rose-Ackerman, Susan, 680 Rosecrane, Richard N., 999, 1108, 1174 Rosenau, James N., 449, 875, 1281, 1570 Rosenberger, Chandler, 1594 Rosenblatt, Lionel, 1331 Rosenblum-Kumar, Gay, 1016, 1035, 1118, 1951 Rosenne, S., 163, 2082 Rosenne, Shabtai, 2217 Rosenthal, Joel H., 1624, 1649, 1672 Rotberg, Robert I., 450, 679, 680, 770,, 872, 922, 929, 1157, 1159 Roth, Brad R., 292, 451 Roth, John, 1695 Roth, John K., 1090 Roth, Kenneth, 293 Roth, Robert, 2182 Rothchild, David A., 640, 1543 Rothchild, Donald, 531, 591, 614, 633, 645, 646, 647, 648, 682, 712, 754, 867, 881, 919, 971, 1217, 1275, 1553, 1650 Rothert, Mark, 294, 1651 Roucounas, E., 163 Rowe, Peter, 326 Rowlands, Dane, 771, 1109, 1160 Rubin, Alfred P., 2203 Rubin, Barnett R., 507, 555, 556, 876, 877, 878 Rubio-Carracedo, José, 379 Rudolph, Christopher, 481, 2140 Ruggie, John Gerard, 1833, 1917 Ruhashyankiko, Nicodeme, 98, 1069 Runciman, D., 1447 Rupesinghe, Kumar, 31, 518, 585, 653, 681, 686, 720, 745, 749, 758, 768, 772, 773, 774, 775, 776, 778, 779, 783, 792, 805, 809, 814, 833, 834, 835, 836, 869, 879, 930, 938, 965, 966, 1018, 1030, 1070,
Totten_RT3588X_C024.indd 1147
1147 1071, 1072, 1136, 1147, 1161, 1162, 1163, 1210, 1282, 1343, 1597, 1737, 1748, 1753, 1759, 1788, 1834, 1952 Russett, Bruce, 557, 893 Ryan, Alan, 1225, 1652 Ryan, Stephen, 31, 775, 970, 1072, 1759, 1834, 1863 Rydberg, Robert, 893 Sadat, Leila Nadya, 2224 Sadkovich, James J., 482, 1417, 1653 Saeedpour, Vera Beaudin, 1460 Sahnoun, Mohamed, 383, 1209, 1451 Saideman, Stephen M., 531, 647, 682 Saikal, Amin, 1573 Salgado, Elena Martin, 337 Salim, Salim Ahmed, 910 Sambanis, Nicholas, 511, 599, 1035, 1305 Sampford, Charles, 1573 Sample, Timothy R., 1537 Sampson, Cynthia, 1964 Sandbrook, Richard, 540, 871, 1064, 1132 Sanderson, John, 1843, 1926 Sanderson, John, 1773 Sandholtz, Wayne, 288 Sands, Philippe, 219, 2108, 2141, 2202, 2218 Sann, Madeleine, 118, 151, 152, 215, 2061, 2070, 2078, 2079, 2087, 2088, 2132 Sara Millman, Sara, 513 Sarkesian, Sam C., 1470, 1654 Sarooshi, Danesh, 58, 59, 295, 1655, 1656, 1918, 1919 Sarvas, Stefan, 1776 Sassòli, Marco, 296, 1657, 2142 Saunders, Harold H., 606 Säve-Söderbergh, Bengt, 558, 683, 1035, 1137, 1965 Schaack, Beth Van, 99, 297 Schabas, William, 100, 101, 102, 298, 299, 300, 301, 302, 303, 325, 606, 1073, 1694, 2143, 2147, 2182, 2216, 2219, 2351 Schachter, Oscar, 263 Scharf, Michael, 154, 260, 304, 305, 1074, 1257, 1658, 2127, 2144, 2145, 2146, 2147, 2184, 2203, 2224, 2224, 2224 Schear, James A., 1363, 1785, 1786, 1825 Schechter, M. G., 921, 1745 Scheffer, David J., 32, 33, 41, 60, 103, 154, 190, 306, 307, 345, 402, 684, 777, 1075, 1226, 1258, 1332, 1496, 1507, 1659, 1665, 1660, 1835, 1920, 2148. 2168, 2184, 2220, 2221, 2222, 2224
11/16/2006 1:41:14 PM
1148 Scheid, Don E., 1428, 1428 Scheinman, Larry, 606 Schemer, D. J., 2194 Schense, Jennifer, 2182 Scherrer, Christian P., 685, 880 Schetter, Conrad, 625, 637, 651, 712, 712, 870, 881, 881, 896, 1056, 1139, 1192 Schirch, Lisa, 2019 Schlesinger, James R., 1405 Schmalberger, Thomas, 686, 720, 720, 720, 778, 779 Schmeidl, Susanne, 665, 829 Schmid, Alex P., 720, 836, 1147 Schmidl, Erwin A., 1825 Schnabel, Albrecht, 11, 414, 418, 502, 507, 734, 760, 771, 850, 851, 864, 882, 889, 920, 1006, 1050, 1076, 1077, 1078, 1086, 1109, 1116, 1119, 1126, 1128, 1160, 1194, 1538, 1579, 1609, 1661, 1662, 1793, 1802, 1836, 1843, 1869, 1893, 1926,, 1966, 1984, 2094, 2130 Schoenfeld, C. G., 483 Schoenhaus, Robert M., 2298, 2297 Schönborn, Mathias, 1776 Schott, Jeffrey J., 1249 Schreurs, Miranda A., 186, 400 Schrijuer, Nico, 12, 308, 452, 419, 1540 Schroeder, Paul, 638 Schukking, Jolien, 336 Schumacher, Ulrike, 22, 1604 Schüssler, Rudolf, 309 Schutte, Julian J. E., 151, 2078 Schwartz, Stephen, 1663 Sciarone, Paul, 518, 1018, 1753, 1788, 1952 Scott R. Lillibridge, 910 Seal, Thomas E., 1573 Seaman, John, 1504 Seaton, Jean, 583 Secretary-General’s High-Level Panel on Threats, Challenges, and Change, 931, 1079, 1664, 1749, 1837, 1967 Seguin, John, 2223 Selden, Zachary, 1259 Seligman, E. P. Martin, 487, 577, 597, 626, 635, 641, 657, 666, 667, 675, 693, 968 Seligman, Martin, 509, 596 Sell, Louis, 1731 Sellers, Patricia Viseur, 104, 2149 Sens, Allen, 1660, 1827 Serrano, Monica, 1660 Serwer, Daniel, 940, 943 Sewall, John O. B., 1537
Totten_RT3588X_C024.indd 1148
Index Sewell, Sarah, 70, 1000, 1377, 2224 Seybolt, Taylor B., 1665 Shany, Yuval, 310, 2141, 2150, 2218 Shattuck, John, 1666 Shaw, Timothy M., 439, 786, 888 Shawcross, William, 687 Sheehan, John J., 984, 1105 Shehadi, Kamal S., 186, 400, 688, 932 Shelton, Dinah, 311, 2225 Shestack, J. J. ,163, 2082 Shestack, Jerome, 312, 2151 Shiawl-Kidanekal, Teferra, 882, 1077 Shimura, Hisako, 1843, 1926 Shiraev, Eric, 1676 Shmueli, Deborah, 938 Shoemaker, Christopher C., 866 Shorrocks, Anthony, 568 Shoup, Paul, 1363, 1731 Shraga, Daphna, 2027 Shue, Henry, 462, 1428, 1727 Shulong, Chu, 1639 Shultz, Richard H., Fr., 673 Siekmann, Robert C. R., 313, 326, 1297, 1838 Sikoska, Tatjana, 507 Simmons, P. J., 828, 1667, 1670 Simms, Brendan, 1417 Simonovic, Ivan, 172, 2152 Simpson, Gerry S., 243, 2118 Singer, J. David, 749, 837 Singer, P. W., 1668 Singh, Nagendra, 1832 Singh, Neil Vijay, 91, 261 Sisk, Timothy, 606, 689, 1667, 1669, 1670, 1752 Sislin, John, 690 Sismanidis, Roxane D. V., 2041 Skaar, Elin, 2027 Skidelsky, Lord Robert, 910, 1260 Skillen, Geoffrey J., 314 Skjelsboek, Kjell, 938 Slaughter, Anne-Marie, 345, 2224 Slavnic, Djordje, 1731 Sletzinger, Martin, 1731 Sliedregt, E. van, 315 Slim, Hugo, 1792 Sluiter, Goran, 2182 Small, Michael, 1587 Small, Patricia L., 1496 Smillie, Ian, 1998, 2040 Smith, Anne-Marie, 316, 453, 1671 Smith, Dan, 893 Smith, David Norman, 515, 559, 610
11/16/2006 1:41:14 PM
Index Smith, E. M., 1745 Smith, Hugh, 2009 Smith, James, 1695 Smith, James M., 1090 Smith, Martin, 1674 Smith, Michael G., 1839 Smith, Michael J., 1649, 1672 Smith, Roger, 515, 560, 610, 798, 973, 1028, 1184, 1186, 1339, 1472, 1510, 2001, 2286, 2287 Smith, Tony, 454, 1673 Smith, Zeric Kay, 561, 2012 Smock, David, 453, 550, 674, 691, 955, 964, 1164, 2010, 2016, 2026, 2299 Smolin, David M., 172 Snodgrass, Donald R., 680 Snyder, Jack, 591, 606, 608, 692, 1302, 1441, 1535, 1733 Snyder, Richard C., 780 Soares, Dionisio Babo, 2027 Sobel, Richard, 1675, 1676, 1703 Sohn, Louis B., 317, 1333, 1676, 1921, 2153 Sokalski, Henryk J., 1080 Solana, Javier, 1677 Sollenberg, Margaret, 893 Sollom, Richard A., 450, 679, 770, 929, 1159 Solomon, Hussein, 720 Solomon, Juliet, 507 Solomon, Richard, 940, 944, 1271, 1968, 1985, 2041, 2042 Sørensen, Georg, 446 Sørensen, Henning, 1776 Sørensen, Jens Stilhoff, 1678 Soros, George, 984, 1105 Soto, Yadira A., 882, 1077 Spector, B. I., 1957, 1977 Spencer, William J., 749, 781, 838 Speth, James Gustave, 562 Spiegel, Steven L., 371 Spirer, Louise, 70, 1000, 1148, 1377 Spiro, Peter, 455 Sriram, Chandra Lekha, 1035, 1081, 1165, 1166, 1464, 1815, 1902, 1955 Stanley Foundation, 1679, 1986, 2018, 2028 Stanley, Penny, 86, 206, 1366 Stanley, Timothy W., 16, 1320, 1321, 1322, 1561, 1807, 1895 Stanton, Gregory, 318, 1697, 2282, 2352 Stares, Paul, 1842, 1925 Staub, E., 509, 596, 693, 883, 968, 1460 Stavenhagen, Rodolfo, 749, 984, 1105 Stavropoulou, Maria, 270, 319, 1996, 2007
Totten_RT3588X_C024.indd 1149
1149 Stedman, S., 1752 Stedman, Stephen J., 456, 572, 606, 694, 706, 884, 895, 933, 945, 1082, 1138, 1167, 1261, 1680, 1681, 1736, 1752, 1840, 1867, 1922, 1944 Steele, Brett, 2031 Steele, David A., 2299 Steele, Jonathan, 1083, 1969, 1987, 2043 Steele, Robert David, 1283 Steil, Benn, 563 Stein, Janice, 606 Steinberg, James B., 1422 Stephan, P., 2194 Sterba, James P., 1513 Stern, Brigitte, 219, 2108 Stewart, Frances, 564, 695, 885, 1035 Stimson, Henry L, 320, 2154 Stoecker, Ralf, 1590 Stoltenberg, Thorvald, 1773 Stone Sweet, Alec, 288 Stremlau, John, 61, 1084, 1262, 1366, 1682 Strobel, Warren, 606, 1683 Stromseth, Jane, 195, 321, 1517, 2155, 2226 Strozier, Charles B., 1017, 1021, 1063, 1120, 1179, 1313, 1325, 1443, 1684 Suedfeld, P., 509, 596 Suhrke, A., 1058, 1574 Suhrke, Astri, 187, 665, 2027 Sunga, Lyal S., 2156 Sutterlin, James S., 34, 782, 786, 839, 888, 1085 Swart, Bert, 2182 Swedish Ministry of Foreign Affairs, 696, 1195 Sylvan, Donald, 377, 420, 1545 Synder, Jack, 1711 Szabo, Laszlo, 1776 Szayna, Thomas S., 697, 840 Tabory, Mala, 134, 137, 163, 252, 312, 348, 2082, 2124, 2151, 2176 Tabyshalieva, Anara, 882, 1077 Tainter, Joseph A., 515, 565, 610, 698 Takirambudde, Peter, 847 Talas, Peter, 1660 Talentino, Andrea Kathryn, 1086 Tanner, Fred, 1736, 1867, 1923, 1944 Taylor, Paul, 446, 457, 1504, 1580, 1660, 1818, 1841, 1905, 1924 Taylor, Philip M., 1635 Taylor, Telford, 322 Teivainen, Teivo, 546 Teixeira, Pascal, 1087, 1685
11/16/2006 1:41:14 PM
1150 Telhami, Shibley, 408, 1334, 1440, 1449, 1450, 1519, 1784 Tellis, Ashley, J., 840 Teltschik, Richard, 2031 Terrier, Frank, 2182 Terrio, Deone, 1676 Terry, Fiona, 1573 Tesón, Fernandó R., 35, 195, 323, 324, 345, 458, 1517, 1687, 1686 Thakur, Ramesh, 11, 325, 412, 414, 459, 1014, 1078, 1088, 1529, 1538, 1573, 1579, 1609, 1659, 1660, 1688, 1689, 1760, 1802, 1827, 1836, 1842, 1843, 1869, 1893, 1925, 1926, 2157, 2227 Tharoor, Shashi, 1792, 1844, 1927 The American Association of Attenders and Alumni of the Hague Academy of International Law, 65, 110, 2053 The American Society of International Law, 1345, 2168 The Aspen Institute, 496, 722, 984, 1105, 1306 The Center for Strategic and International Studies, 902, 1271 The Genocide Forum: A Platform for PostHolocaust Commentary, 2340 The Independent Working Group on the Future of the United Nations, 527, 753, 820, 1040, 1251, 1316 The International Commission on Intervention and State Sovereignty, 2347 The International Criminal Tribunal for the Former Yugoslavia, 197, 2095 The International Crisis Group, 821 The U.S. Committee for Refugees, 844 The United Nations University, 2300 The United States Institute of Peace’s Balkans Working Group, 1263, 1970, 2013 The Woodrow Wilson Center, 1731 Theofrastous, Theodore, 208, 2197 Thomas, Caroline, 1629 Thomas, Paul, 379 Thomas, Raju G. C., 1690 Thomas, Trent N., 673 Thompson, Kenneth W., 259, 479, 1603 Thompson, Larry, 1331 Thompson, Mark, 132, 282, 901, 903, 1149, 1269, 1270, 1272, 1277, 1284, 1287, 1364, 1387, 1426, 1458, 1590, 1593, 1635, 1691, 1692, 1730, 1988 Thoolen, Hans, 775, 783 Tieya, Wang, 143, 160, 181, 201, 228, 238, 247, 275, 296, 1485, 1568, 1657, 2072, 2115, 2120, 2142
Totten_RT3588X_C024.indd 1150
Index Tijssen, M. E. M., 151, 152, 2078, 2079 Tilley, Charles, 886 Timberman, David G., 948, 2057 Timilsina, Anga, 2031 Tinker, C., 1745 Tiruchelvam, Neelan, 450, 679, 929, 1159 Tishkov, Valery A., 712, 881 Toase, F. H., 1291, 1792 Todorovic, Goran, 2040 Tomes, Robert, 36, 1693 Tomlinson, Rodney G., 749, 841 Tomuschat, Christian, 151, 163, 2078, 2082 Toscano-Méndez, Manuel, 379 Totten, Samuel, 89, 105, 112, 202, 301, 378, 484, 566, 699, 700, 701, 784, 842, 1089, 1090, 1091, 1096, 1168, 1169, 1694, 1695, 1696, 1697, 1698, 1699, 1700, 1701, 1845, 1846, 1862, 2282, 2283, 2290, 2292, 2293, 2293, 2351, 2352 Touval, Saadia, 606, 946 Toye, John, 540, 871, 1064, 1132 Trachtenberg, Marc, 327, 1702 Trainer, Ted, 515, 610 Treves, Tullio, 2216 Triffterer, Otto, 106, 329, 2216, 2228 Triggs, Gillan, 167, 328 Trintignac, Florence, 2109 Troelle, Gary, 665 Trombetta-Panigadi, Francesca, 2216 Tschirgi, Necla, 873, 1035, 1158 Turner, Bryan S., 379 Turone, Giuliano, 2182 Twomey, Patrick, 790, 830, 972, 1338 Ugland, Ole Frederik, 1773 Ullman, Richard H., 1479, 1703, 1714, 1855, 1936 United Nations, 62, 330, 331, 785, 843, 1092, 1093, 1094, 1285, 1335, 1704, 1847, 1848, 1928, 1929, 2158, 2229, 2230, 2231, 2232 United Nations High Commissioner for Refugees, 702 United Nations Institute for Disarmament Research, 1849, 1930, 1970 United Nations International Law Commission, 332 United Nations Security Council, 333, 334, 2159, 2160 United States Congress, 2234 United States Holocaust Memorial Museum, 1095, 1705, 1850, 1931 United States Institute of Peace, 1286, 1706, 1707, 1971, 2161
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Index United States State Department, 1097 Unwin, Peter, 2029, 2051, 2162 Urquhart, Brian, 1832 Uvin, Peter, 567, 887 Uwazie, Ernest E., 2299 Vaccaro, J. Matthew, 1096, 1785, 1851, 1932 Vadset, Martin, 221, 990, 1051, 1290, 1294, 1298, 1362, 1559, 1773, 1773, 1852, 1878, 1933 Van Brabant, Koenraad, 1792 Van Dassen, Lars, 893 Van de Goor, Luc, 518, 1018, 1753, 1788, 1952 Van den Berghe, Pierre L., 703 Van den Wyngaert, Christine, 2182 van der Hoeven, Rolph, 568 Van der Stoel, Max, 712, 881, 896, 940, 1139, 1140, 1773 van der Vyver, Johan D., 107, 172, 335, 2163, 2235 van Egmond, Cees, 990, 1362, 1773 Van Euera, Stephen, 591 Van Metre, Lauren, 947, 969, 1708 van Schaack, Beth, 70, 1000, 1377 van Selm, Joanne, 665, 829 Van Walraven, Klaas, 34, 517, 715, 716, 782, 786, 787, 789, 839, 845, 888, 1085, 1125, 1141 Vance, Cyrus, 910 Vandeginste, Stef, 2027 Vandenberg, Martina, 656, 1820 Varwick, Johannes, 1791 Väyrynen, Raimo, 359, 510, 540, 569, 570, 598, 704, 733, 799, 854, 871, 889, 890, 891, 934, 1009, 1064, 1097, 1098, 1100, 1132, 1150, 1156, 1343, 1356, 1513, 1573, 1737 Vengroff, Richard, 1676 Venturini, Gabriella, 2216 Vieira de Mello, Sergio, 1792 Villalpando, Santiago, 2182 Vinas, Angel, 712, 881 Vinuesa, Raúl Emilo, 326 Vitányi, Iván, 379 Vlachová, Marie, 1776 Vogelaar, Ad, 1776 Volkan, Vamik, 485 von Hebel, Herman A. M., 336 von Hippel, Karin, 1709, 2044 von Merveldt, Jan-Dirk, 1773 von Pagenhardt, Robert, 16, 1320, 1321, 1322, 1561, 1807, 1895 Von WeizsŠcker, Richard, 1040, 1251, 1316 Vorkunova, Olga A., 720
Totten_RT3588X_C024.indd 1151
1151 Vranesky, Ariella, 938 Vuckovic, Gojko, 892, 2014 Wahlgren, Lars-Eric, 1298, 1773, 1852, 1933 Wald, P. M., 2194 Waldmann, Peter, 712, 881 Walker, Peter, 775 Walker, Stephen W., 1594 Walker, William, 1366, 1710 Wallace, William, 446 Wallensteen, Peter, 512, 571, 572, 575, 705, 706, 762, 786, 845, 884, 888, 893, 894, 895, 989, 1012, 1014, 1035, 1106, 1170, 1172, 1264, 1427, 1680, 1782 Waller Meyers, Deborah, 1859 Wallimann, Isidor, 515, 516, 532, 537, 552, 559, 560, 565, 610, 661, 698, 728, 1246 Walling, Carrie Booth, 707, 1366 Walter, Barbara F., 608, 1302, 1441, 1535, 1711, 1733 Walters, Mike, 938 Walther, Susanne, 2182 Waltz, Kenneth N., 1212, 1351, 1352, 1631 Walzer, Michael, 1590 Wantchekon, Leonard, 572, 706, 895 Warbrick, Colin, 337 Warner, Daniel, 412, 1529 Waschuk, Roman, 1587 Waslekar, Sundeep, 2284 Webb, Keith, 938 Weber, Cynthia, 460, 1712 Wedgwood, Ruth, 154, 338, 345, 708, 1345, 2184, 2203, 2224, 2236, 2237 Weeks, John, 540, 871, 1064, 1132 Wehr, Paul, 938, 2299 Weinberger, Caspar W., 1493 Weingast, Barry, 608, 1711 Weis, Paul, 339 Weisband, Edward, 2289 Weiss Fage, Patricia, 665 Weiss, Thomas, 39, 371, 376, 424, 540, 573, 709, 868, 871, 1058, 1064, 1099, 1100, 1101, 1132, 1265, 1266, 1416, 1465, 1558, 1564, 1570, 1574, 1629, 1649, 1703, 1713, 1714, 1715, 1716, 1717, 1718, 1719, 1720, 1721, 1769, 1853, 1854, 1855, 1856, 1857, 1858, 1859, 1934, 1935, 1936, 1937, 1938, 1939, 1940 Weissman, Stephen, 935, 1102, 1142 Welch, Claude E., 257, 437, 1602, 2126 Weller, Marc, 129, 340, 341, 461, 1366, 2164, 2238 Weller, Mark, 1504
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1152 Welsh, Jennifer M., 462, 1722, 1827 Wenger, Andreas, 574, 1203 Wermester, Karin, 1035, 1081, 1165, 1166, 1815, 1902 Weschler, Lawrence, 2224 Wexler, Lelia Sadat, 342, 2239 Wheatley, Steven, 37, 343, 1723 Wheeler, Nicholas, 38, 288, 462, 463, 464, 465, 466, 522, 1366, 1453, 1558, 1586, 1724, 1725, 1726, 1727 Whiddett, Adrien, 1573 Whitman, Jim, 710, 1366, 1713, 1728, 1792, 1853, 1859, 1860, 1934, 1950 Whitney, Diana, 1964 Wiberg, Hakan, 1773 Widner, Jennifer A., 680 Wiederhofer, Ingo, 680 Wierda, Marieke, 239, 240, 2116, 2117, 2208 Wilenski, Peter, 1832 Wilkenfeld, Jonathan, 587, 749 Wilkins, Burleigh T., 2165 Wilkinson, Philip, 970, 1863 Williams, A., 921, 1745 Williams, Michael C., 486, 1729, 1861, 1941 Williams, Paul, 988, 1771, 1875, 2076 Williams, Philip, 606 Williams, Robins M. Jr., 711 Williamson, Robert, 966, 1070, 1136, 1162 Wilmshurst, Elisabeth, 2216 Wimhurst, David, 1287, 1635, 1730 Wimmer, Andreas, 625, 637, 651, 712, 870, 881, 896, 1056, 1139, 1192 Winnefeld, James A., 840 Winslow, Donna, 1776 Winston, Morton, 70, 1000, 1148, 1377, 1649, 2287 Wippman, David, 32, 41, 158, 172, 288, 306, 338, 344, 345, 345, 345, 346, 607, 684, 708, 713, 713, 897, 898, 912, 1075, 1112, 1258, 1658, 1835, 1920 Woetzel, Robert K., 347 Wohlfeld, Monika, 882, 1077 Wohlgemuth, Lennart, 575, 893, 1170
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Index Wohlstetter, Albert, 1594 Wolfrum, Rüdiger, 163, 348, 899, 2082 Wolfsfeld, G., 1752 Woocher, Lawrence, 1697, 1862, 2352 Wood, Bryce, 1439 Wood, William B., 904, 1273, 1787 Woodhouse, Tom, 506, 592, 788, 970, 1049, 1319, 1384, 1641, 1806, 1863, 1864, 1942, 1961, 1972 Woodward, Susan L., 563, 576, 1103, 1143, 1198, 1450, 1711, 1732, 1733, 1734 Worley, Leslie J., 701 Wright, Quincy, 349, 2240 Wulf, Herbert, 1735, 1865, 1943 Wurmser, David, 1866, 1944 Wybrow, Robert J., 1676 Yanakiev, Yantsislav, 1776 Yee, Sienho, 143, 160, 181, 201, 228, 238, 247, 275, 296, 1485, 1568, 1657, 2072, 2115, 2120, 2142 Yorke, Edmund, 1792 Yost, David S., 606 Young, C., 1752 Young, Iris Marion, 1428 Yunling, Zhang, 1660 Zacher, Mark W., 1827, 1912 Zahar, Alexander, 350, 1694, 2351 Zahar, M. J., 1752 Zakaria, Fareed, 1537 Zakheim, Dov S., 1473 Zanetti, Véronique, 351 Zapata-Barrero, Ricard, 379 Zappala, Salvatore, 2182 Zartman, I. William, 531, 605, 606, 647, 712, 714, 749, 881, 896, 936, 950, 954, 956, 958, 962, 971, 1250, 1741, 1752, 2294 Zawels, Estanislao Angel, 1736, 1840, 1867, 1922, 1945 Zimmerman, Andreas, 2182 Zwanenburg, Marten, 352, 1868, 1946, 2241 Zwi, Anthony, 533
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Editor’s Note
Samuel Totten is a genocide scholar based at the University of Arkansas, Fayetteville. He is also a Member of the Council of the Institute on the Holocaust and Genocide (Jerusalem, Israel). Since 2003, Totten has served as the managing editor of Genocide: A Critical Bibliographic Review—a series of volumes comprised of critical essays and annotated bibliographies that address a broad array of issues germane to the field of genocide studies. The first volume Totten edited for the series was Genocide at the Millennium (New Brunswick, NJ: Transaction Publishers, 2005). In 2005, Totten was named one of the inaugural chief co-editors of Genocide Studies and Prevention: An International Journal, which is the official journal of the International Association of Genocide Scholars (IAGS). Among the essays/articles Totten has published on genocide are: “The Intervention and Prevention of Genocide: Sisyphean or Doable?” Journal of Genocide Research, June 2004, 6(2); “The U.S. Government Darfur Genocide Investigation” (with Eric Markusen) Journal of Genocide Research, June 2005, 7(2); and “Investigating Allegations of Genocide in Darfur: The U.S. Atrocities Documentation Team and the UN Commission of Inquiry” (with Eric Markusen) in Joyce Apsel (Ed.) Darfur: Genocide Before Our Eyes. New York: Institute for the Study of Genocide, 2005. Among the books Totten has edited/co-edited on genocide are: First-Person Accounts of Genocidal Acts Committed in the Twentieth Century (Westport, CT: Greenwood Press, 1991), Genocide in the Twentieth Century: Critical Essays and Eyewitness Accounts (co-edited with William S. Parsons and Israel W. Charny; New York: Garland Publishers, Inc., 1995); and Century of Genocide (co-edited with William S. Parsons and Israel W. Charny; New York: Routledge, 2004) Teaching About Genocide: Issues, Approaches, Resources (Greenwich, CT: Information Age Publishers, 2005); and Genocide in Darfur: Investigating Atrocities in the Sudan (with Eric Markusen; New York: Routledge, 2006). In July and August of 2004, Totten served as one of twenty-four investigators on the U.S. State Department’s Darfur Atrocities Documentation Project whose express purpose was to conduct interviews with refugees from Darfur in order to ascertain whether genocide had been perpetrated or not in Darfur. Based upon the data collected by the team of investigators, U.S. Secretary of State Colin Powell declared on September 9, 2004, that genocide had been perpetrated in Darfur, Sudan, by Government of Sudan troops and the Janjaweed. 1153
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