Operationalizing the Responsibility to Protect A Contribution to the Third Pillar Approach Operationalizing the Responsibility to Protect A Contribution to the Third Pillar Approach Edited by Daniel Fiott Robert Zuber Joachim Koops ISSN: 2033-7574 Brussels, 2012. Published by the Madariaga – College of Europe Foundation, Global Action to Prevent War, the Global Governance Institute and the International Coalition for the Responsibility to Protect. Cover Photo : Abyei, Sudan (28 May 2011). UN Photo/Stuart Price – Photo # 474285. 2 Contents Page Page No. 1. Note on the Contributors 4 2. Preface 6 3. Acronyms 7 4. Introduction 8 DANIEL FIOTT 5. Building Confidence and Trust in the United Nations Third Pillar Response Capacities 10 ROBERT ZUBER 6. The Regionalization of the Responsibility to Protect 17 KATE SEAMAN 7. A Reluctant Actor: China's Dilemmas in the Responsibility to Protect 27 PEIRAN WANG 8. An Examination of the Level of Standby Effectiveness in the EU for Responsibility to 34 Protect Style Deployments DAVID CURRAN 9. Operationalizing the Responsibility to Protect’s “Sharp End”: 47 Towards a No Footprint Approach ROBERT SCHÜTTE 10. A Common Approach to the Application of the Responsibility to Protect 55 SHERI ROSENBERG & EKKEHARD STRAUSS 11. Libya and the Responsibility to Protect: Pillar Three and the Prevention of Mass 73 Atrocity Crimes RUBEN REIKE 12. The Business Society and the Responsibility to Protect 80 CONOR SEYLE & EAMON ALOYO 13. Gender Dimensions of Third Pillar Capacities: Women's Contributions to Conflict 87 Prevention, Early Warning and Rapid Response MELINA LITO 14. Sanctions, Trials and Peace: Promises and Pitfalls of Responsibility to Protect's Civilian 95 Dimension CAROLINE FEHL 15. Index 104 3 Note on the Contributors Dr. Eamon Aloyo is a Research Associate at the One Earth Future Foundation and a Senior Analyst in the Global Justice section at the Global Governance Institute. His publications and expertise span the topics of human rights, global institutional responsibility, international criminal law, transitional justice, and international development. Aloyo holds a Ph.D. in Political Science from the University of Colorado at Boulder and a B.A. in economics with honours from Lehigh University. Dr. David Curran is a lecturer at the Department of Peace Studies, University of Bradford, specializing in the fields of peacekeeping and peacebuilding. His main area of research is into the role of conflict resolution theory and practices in the training of military personnel for peacekeeping deployments. He has also researched the development of standing peacekeeping forces in the UN, AU and the EU. Curran received his M.Phil. from the Department of Peace Studies and holds a Ph.D. from the same department. Dr. Caroline Fehl is currently a Post-Doctoral Research Fellow and Assistant Professor at Goethe University Frankfurt where, among other subjects, she teaches international institutions and law. Fehl was previously an ESRC Post-Doctoral Research Fellow at the University of Oxford and she studied Political Science at Albert Ludwigs Universität Freiburg and Columbia University, New York, before earning her D.Phil. in International Relations from the University of Oxford. Daniel Fiott has been a Research Fellow with the Madariaga – College of Europe Foundation since 2009 where he has focused his research work, events and publications on conflict prevention, European foreign and defence policies and the Responsibility to Protect. He has a B.Sc. (Hons) in International Studies and an M.Phil. in International Relations from the University of Cambridge. He currently heads the Foundation's work on RtoP and European foreign and defence policies. Prof. Dr. Joachim Koops is the Director of the Global Governance Institute. He is Assistant Professor of Political Science at Vesalius College, Free University of Brussels (VUB) and a Senior Associate Researcher at the Institute for European Studies. He has advised the German Ministry of Foreign Affairs on EU and UN- related security issues. Koops read Philosophy, Politics and Economics at the University of Oxford and completed his Ph.D. at the University of Kiel. Melina Lito is Programme Director for Women, Peace and Security at Global Action to Prevent War where she works on issues of gender equality and their connection to disarmament, development and the prevention of mass atrocities. Lito received a B.A. in International Relations from the James Madison College of Public Affairs, Michigan State University, and holds a Juris Doctor degree in Law from Wayne State University Law School. Ruben Reike is a Senior Analyst in the Global Governance Institute’s Peace & Security Section where he works on RtoP. He holds an M.A. in International Relations from the University of Queensland, Australia, where he worked with Professor Alex Bellamy and the Asia-Pacific Centre for the Responsibility to Protect on the RtoP’s legal foundations. Reike is currently reading for a D.Phil. in International Relations at the University of Oxford where he works with Prof. Jennifer Welsh on the preventive dimension of RtoP. Prof. Sheri Rosenberg is the Director of the Human Rights and Genocide Clinic and the Programme in Holocaust and Human Rights Studies at the Cardozo Law School. Professor Rosenberg has worked in the areas of civil rights and international human rights with a specific focus on issues of discrimination, equality and genocide. She has worked with several human rights organizations and the UN, as a civil rights litigator in private practice and as an Assistant Corporation Counsel to the New York City Law Department. 4 Robert Schütte is President of the human rights NGO "Genocide Alert" and has published extensively on RtoP, the protection of civilians and robust peace operations. Schuette is also an Affiliate of the Harvard Humanitarian Initiative. He studied political science at the University of Cologne and Sciences Po Paris, spent several research stays at Harvard University and Friedrich-Ebert-Stiftung's New York office. He is completing a Ph.D. on the protection of civilians in armed conflict at the University of Cologne. Dr. Kate Seaman is a Post-Doctoral Fellow in United States Politics at the Department of Political, Social and International Studies at the University of East Anglia, United Kingdom. She completed her Ph.D. entitled “Bridging the Gap: The United Nations, Global Governance and Peacekeeping in Crisis” at Lancaster University in 2011. Her research interests include peacekeeping, global security governance, the regionalization of norms of security governance and the development of RtoP. Dr. Conor Seyle is an Associate Director of Research at the One Earth Future Foundation. Before this Seyle worked as a research for NGOs including the Charles F. Kettering Foundation, Issues Deliberation Australia/America, and Psychology Beyond Borders. His research has included predictors of successful interventions in communities affected by natural disasters or war. Seyle is a political psychologist and holds a Ph.D. in Social Psychology from the University of Texas. Dr. Ekkehard Strauss holds a PhD in international law and human rights from the University of Potsdam, Germany. His professional experience includes academia, government and the private sector. He worked for the OSCE from 1998-2001 and the UN from 2001-2011, including the Office of the Special Adviser on the Prevention of Genocide. In 2011, he was appointed adjunct professor at Griffith University, Australia. Currently, Strauss works as consultant and researcher from Rabat, Morocco. Peiran Wang is a Ph.D. candidate of International Relations at the School of Advanced International and Area Studies at East China Normal University, Shanghai, China. He previously studied Comparative Politics at East China University of Science and Technology. Since 2010 he has served as a Visiting Fellow at the Centre for Economic Law and Governance at the Vrije Universiteit Brussel, Belgium. Peiran Wang was also a Visiting Researcher at the Brussels Institute of Contemporary China Studies. Dr. Robert Zuber is Director of the UN-based Global Action to Prevent War and the Project for a UN Emergency Peace Service. He also serves as consultant, adviser or board member to a wide variety of non- profit, policy and educational organizations, including Green Map system, Our Humanity in the Balance, and the Paris-based human rights organization FIACAT. Dr Zuber has degrees from Yale and Columbia Universities and has written and spoken extensively on diverse human security issues and has organized workshops and conferences in over 30 countries. 5 Preface This collection of papers is a response and contribution to the challenges of the third pillar of the Responsibility to Protect principle. This pillar focuses on the international responsibility to take timely and decisive action to prevent and halt genocide, ethnic cleansing, war crimes and crimes against humanity in those instances where a state is unable or unwilling to protect its own population. As RtoP moves further away from discussions on norms towards operationalization, and following the concerns raised by the intervention in Libya, further thinking and clarity needs to be developed on the capacities needed for a timely and decisive response under pillar three. Indeed, NATO’s activities over Libya in pursuit of UN Resolution 1973 have again raised questions over the timeliness, legitimacy, proportionality and effectiveness of military action. Such issues have now been made