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Responsibility to Protect As a United Nations Security Council Practice in South Sudan

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Responsibility to Protect As a United Nations Security Council Practice in South Sudan TARJA SEPPÄ Responsibility to Protect as a United Nations Security Council Practice in South Sudan Tampere University Dissertations 76 7DPSHUH8QLYHUVLW\'LVVHUWDWLRQV 7$5-$6(33b 5HVSRQVLELOLW\WR3URWHFW DVD8QLWHG1DWLRQV 6HFXULW\&RXQFLO3UDFWLFH LQ6RXWK6XGDQ $&$'(0,&',66(57$7,21 7REHSUHVHQWHGZLWKWKHSHUPLVVLRQRI WKH)DFXOW\&RXQFLORIWKH)DFXOW\RI0DQDJHPHQWDQG%XVLQHVV RI7DPSHUH8QLYHUVLW\ IRUSXEOLFGLVFXVVLRQLQWKHDXGLWRULXP% RIWKH3LQQL%EXLOGLQJ.DQVOHULQULQQH7DPSHUH RQ-XQHDWR¶FORFN $&$'(0,&',66(57$7,21 7DPSHUH8QLYHUVLW\ )LQODQG Responsible 'U6RF6F(HUR3DOPXMRNL supervisor 7DPSHUH8QLYHUVLW\ and Custos )LQODQG Pre-examiner(s) 3URIHVVRU7RQQ\%UHPV.QXGVHQ 3URIHVVRU3HNND.RUKRQHQ 8QLYHUVLW\RI$DUKXV 8QLYHUVLW\RI-\YlVN\Ol 'HQPDUN )LQODQG Opponent 3URIHVVRU7RQQ\%UHPV.QXGVHQ 8QLYHUVLW\RI$DUKXV 'HQPDUN 7KHRULJLQDOLW\RIWKLVWKHVLVKDVEHHQFKHFNHGXVLQJWKH7XUQLWLQ2ULJLQDOLW\&KHFN VHUYLFH &RS\ULJKWDXWKRU &RYHUGHVLJQ5RLKX,QF ,6%1 SULQW ,6%1 SGI ,661 SULQW ,661 SGI KWWSXUQIL851,6%1 3XQD0XVWD2\±<OLRSLVWRSDLQR 7DPSHUH Acknowledgements It is time to thank. I want to thank professor Tuomas Forsberg, who suggested a sabbatical for me for the autumn term in 2016. Former Dean Antti Lönnqvist and Head of Administration Sari Saastamoinen made the financial decision that the sabbatical was possible. It came at the right time and made it possible to put my thoughts together for the study now at hand. Suggesting a sabbatical was a considerate and thoughtful thing to do, and I appreciate it very much. University lecturer Eero Palmujoki as a supervisor has been encouraging and wise, as he is. I am grateful for his support, comments and advice. I want to thank professor Pami Aalto, who made a great work as an internal pre-examiner with a relatively short notice of time without complaints and gave very good comments, which made my work better. I want to thank professor Pekka Korhonen who not only functioned as pre-examiner of my study but also earlier gave his insightful and valuable comments on the draft manuscript. I want to express my gratitude for his comments and encouragement. I want to especially thank professor Tonny Brems Knudsen for being a pre-examiner of my work and accepting the invitation to be the Opponent. I am deeply grateful for his most insightful comments and feedback. Collectively, I want thank the staff of the Department of Political Science and International Relations at Faculty of Social Sciences at the University of Tampere. As well, I thank the staff of the Degree Program of Politics at the School of Management at the University of Tampere. Finally, I thank the staff of the same degree program but at the Faculty of Management and Business at the Tampere University. I have been very fortunate. The theme of my study, the UN and human rights and security, has always been important to me and has also been reflected in my teaching work. In this connection, I want to thank Touko Piiparinen (at that time in FIIA, the Finnish Institute for International Affairs, at the moment in Permanent Mission of Finland to the UN), Unto Vesa (researcher, Tampere Peace Research Institute) and Tarja Väyrynen (professor of peace research, Tampere Peace Research Institute), as we had six years in row an online course, ”The UN, peace and security” to students in nine Finnish universities. It was a good project and similar should follow. iii The human rights theme relates very much to the cooperation with post-doc in public law/ human rights law, Heta Heiskanen, associate professor in public law, Pauli Rautiainen and professor of public law Jukka Viljanen. We had a project ”Evaluation of the National Action Plan on Fundamental and Human Rights 2012-2013” in Finland, which was financed by the Ministry of Justice. This project started as pleasant as it is important cooperation between us which has spilled over to teaching as we have been developing different thematic courses on human rights, law and politics. I thank you all for sharing this interest in human rights, it has been very valuable to me when doing this research. I have a londstanding interest in university pedagogy. How to teach well is as important question as is how to do good research, they are related. There have been many excellent colleagues and students with me in this work during the years. However, in this respect I want especially thank Tapio Juntunen for the most rewarding cooperation in this field. We have done a good job. There are many fine people whom I want to thank, who have contributed to my research, my teaching or my general well-being in one way or the other: Mika Aaltola, David Arter, Burkhardt Auffermann, Kris Clarke, Hiski Haukkala, Ari-Elmeri Hyvönen, Minna Höijer, Kaisa Immonen, Dicle Korkmaz, Antti Kylänpää, Juha Käpylä, Johannes Lehtinen, Riitta Lehtimäki, Aki Luoto, Anna-Elina Lyytikäinen, Maija Mattila, Laura Mattinen, Petter Nissinen, Johanna Peltoniemi, Elina Penttinen, Hannes Peltonen, Matti Pihlajamaa, Mikko Poutanen, Mikko Räkköläinen, Tiina Rättilä, Anna-Riitta Salomäki, Hyeon Su-Seo, Saara Särmä, Anni Tervo and Sirpa Virta. I have been very lucky. There are still some other people who deserve particular thanks. My dear friends and colleagues, for decades, Pertti Lappalainen, Eero Palmujoki, Tapani Turkka and Pekka Virtanen deserve special thanks for their friendship, cooperation and assistance. I appreciate it very much. I want to thank my friends and colleagues Anni Kangas, Sirke Mäkinen and Hanna Ojanen, these excellent persons, for their support in many different ways. I have been very fortunate. I have been sitting in a front row when family members were given to me. I want to thank my two brothers, my three nephews, their families and the youngest ones, those hilarious people Joel, Henni and Anna. Nothing but encouragement and support, ever. Students, those younger colleagues, are an integral part of the University. To work with motivated young people in issues of joint interest is and has been as good as it has been challenging. I thank you all and hope and I know that you are continuing your work in different fields of the society, national and international, thus making this world a better and more peaceful place for all of us. Tampere, Pyynikki in May 2019 Tarja Seppä iv Abstract This doctoral dissertation studies the concept of responsibility to protect (R2P), especially in the context of the South Sudan conflict. R2P is a political concept, developed at the UN and United Nations Security Council (UNSC), which deals with preventing and responding to genocide, war crimes, crimes against humanity, and ethnic cleansing. These are atrocity crimes as defined in the Rome Statute of International Criminal Court (ICC). R2P is about human rights and human rights violations, and although it is a political concept, it has legal consequences. Normative development is one of the UN’s main aims. The UN develops norms and standards according to its Charter and to implement its Charter, thus contributing to its fundamental aim of maintaining international peace and security. R2P was accepted at the UN World Summit in 2005, an important event in the international consensus on moral and ethical sentiment on mass atrocities. In 2009, the UN Secretary General developed a three-pillar approach for implementing R2P, in which Pillar I refers to the “protection responsibilities of the State”, Pillar II refers to “international assistance and capacity- building” and Pillar III to “timely and decisive response of international community”. These pillars are discursive practices of R2P. However, the UN and UNSC have not been able to do well in situations of grave human rights violations in armed conflicts, although the international community has a developed system of practices for mass atrocity prevention, namely R2P. How could this paradox be perceived in the South Sudan conflict situation? When discussing the UN and UNSC, it is good to see their long-term developments and achievements instead of only focusing on their failures and catastrophes. My research question regards how UN and UNSC practices, both discursive and social practices, constitute R2P and how they may change or maintain primary institutions – human rights, sovereignty, great power management – of international society and thus affect the nature of international society. The first part of the question refers to the UNSC’s role in preventing and responding to mass atrocities, and the second part refers to the role v of secondary institutions, the UN, UNSC and ICC, in the English School (ES) theory of international society and institutional change. The question especially concerns how these practices of mass atrocity prevention create and are created by the primary institutions of international society, the mentioned sovereignty, human rights and great power management, which are at the same time basic principles of the R2P. The theoretical framework is constructed with the help of the ES of international relations and constructivist and ethical considerations. Ethical considerations are significant and are discussed in terms of pluralism and solidarism, ES concepts which define different moral frames and possibilities for moral action. The methodological approach proceeds from “deeds to words”, meaning how practices construct R2P. It is important to consider UNSC practices for preventing mass atrocities in South Sudan relative to the normative framework R2P has created and thus being able to analyse how the UNSC may change or maintain R2P and whether these practices could be ethically considered
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