Global Centre for the Responsibility to Protect Occasional Paper Series No. 5, March 2015 Failure to Protect: Syria and the UN Security Council Dr. Simon Adams The Global Centre for the Responsibility to Protect was established in February 2008 as a catalyst to promote and apply the norm of the “Responsibility to Protect” populations from genocide, war crimes, ethnic cleansing and crimes against humanity. Through its programs and publications, the Global Centre for the Responsibility to Protect is a resource for governments, international institutions and civil society on prevention and early action to halt mass atrocity crimes. ABOUT THE AUTHOR: Dr. Simon Adams is Executive Director of the Global Centre for the Responsibility to Protect. Dr. Adams has worked extensively with governments and civil society organizations in South Africa, East Timor, Rwanda and elsewhere. Between 1994 and 2002 Dr. Adams worked with Sinn Féin and former IRA prisoners in support of the Northern Ireland peace process. He is also a former anti-apartheid activist and member of the African National Congress. Dr. Adams has written on the Responsibility to Protect as well as the ongoing conflict in Syria for the New York Times, International Herald Tribune and many other publications. Dr. Adams has also appeared as an expert commentator on Al-Jazeera, BBC, ARD (Germany), Chinese Central Television and numerous other media. He has written four books and numerous articles on issues of political conflict and mass atrocity prevention. Dr. Adams previously served as Pro Vice Chancellor at Monash University in Australia and as Vice President of its South African campus. COVER PHOTO: People watch the clashes between Islamic State of Iraq and the Levant and Kurdish armed groups in the Syrian border town of Kobani (Ayn al-Arab) from Suruc district of Sanliurfa, Turkey on 9 October 2014. (Photo by Ibrahim Erikan/Anadolu Agency/Getty Images) © Global Centre for the Responsibility to Protect, 2015. All Rights Reserved CONTENTS 3 Executive Summary 5 Introduction 6 Phases of the Conflict 8 Mass Atrocity Crimes 10 R2P and the UN Security Council 12 The Failure of the Annan Plan, March-July 2012 13 The West and Military Intervention 14 Russian Obduracy 16 Chemical Weapons and Iranian Interests 17 Three Unresolved Priorities 20 The Responsibility Not to Veto 21 Conclusion FAILURE TO PROTECT: SYRIA AND THE UN SECURITY COUNCIL EXECUTIVE SUMMARY After four deadly years the Syrian conflict shows no sign of the Syrian government to stop killing its own people, of abating. As the civil war has dragged on its violence has responsibility rests with the one body entrusted and become more widespread, systematic and extreme. The mandated by the 193 members of the United Nations with conflict has also become more intractable, threatening the the maintenance of international peace and security – the peace and stability of the entire Middle East. It has already Security Council. had devastating consequences for neighboring Iraq and poses an enduring threat to Lebanon, Jordan and Turkey. Despite resolutions that led to the destruction of Syria’s chemical weapons stockpile and improved access to the 12.2 The Responsibility to Protect (R2P), the global commitment million suffering Syrian civilians who remain in desperate adopted at the 2005 United Nations (UN) World Summit, has need of humanitarian assistance, political divisions and been central to the international discourse on how to respond partisan interests within the Security Council have been an to mass atrocity crimes in Syria. Despite the acrimonious insurmountable obstacle. In particular, Russia and China debate surrounding the UN Security Council-mandated have on four separate occasions employed their vetoes to intervention in Libya in 2011, individual states, regional block action in response to mass atrocity crimes in Syria, organizations and UN agencies have struggled to find ways including most recently on a May 2014 draft resolution that and means of upholding their responsibility to protect the would have referred the Syrian situation to the International people of Syria. Public censure of atrocities committed by Criminal Court. As this paper shows, each veto strengthened both government forces and armed opposition groups, as well impunity and encouraged the expansion of war crimes and as bilateral sanctions, investigations by the UN Human Rights crimes against humanity. Council and a Joint Monitoring Mission deployed during the failed 2012 ceasefire, stand as examples of international efforts This occasional paper from the Global Centre for the to confront atrocities in Syria. But it has not been enough. Responsibility to Protect analyzes the Security Council’s response to Syria through the conflict’s various phases and The Responsibility to Protect is an international norm, but argues that without an agreement by the Permanent Members it does not possess independent agency. The failure to end of the Council to refrain from using their veto in future mass atrocities and protect civilians in Syria is not a failure of atrocity situations, the legitimacy and efficacy of the Council R2P, but of the imperfect actors and institutions charged will be increasingly called into question. This is a failure with its implementation. Beyond the primary responsibility that the Security Council, Syria and the world can ill afford. 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The killing rate in Syria increased from the crimes of the government and those of some armed rebel approximately 1,000 per month to approximately 5,000 per groups, villages and towns that have existed for centuries as month during 2012 as the civil war metastasised. Between part of the unique Levantine amalgam of cultures and faiths February and November of 2012 the death toll soared from are now torn apart by sectarianism and war.3 over 5,000 to almost 60,000.5 There was nothing inevitable nor accidental about the Patterns of violence also changed. With each failure of the international community’s failure to prevent Syria’s Security Council to hold the Syrian government accountable conflagration. Three years ago in February 2012, for the for its actions, President Bashar al-Assad’s forces deployed second time since the conflict began, Russia and China vetoed more extreme armed force. This, in turn, strengthened a United Nations (UN) Security Council draft resolution the most uncompromising and severe elements within the aimed at holding the Syrian government accountable for armed opposition, especially those with external sources crimes against humanity. Watching the discussion in the of sustenance. The net effect has been to turn Syria into chamber after the vote, the depth of un-diplomatic emotion the world’s worst case of ongoing mass atrocities, civilian was palpable. In particular, Susan Rice, then United displacement and humanitarian catastrophe. As such, States Ambassador to the UN and now President Barack the permanent members of the Security Council bear a Obama’s National Security Advisor, said her government special burden of responsibility for their failure to protect was “disgusted” by the veto of a resolution intended to the Syrian people.