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Treasa Dunworth ORCID Identifier: Orcid.Org/ 0000-0001-6977-1215 ‘WHAT’S PAST IS PROLOGUE’: HUMANITARIAN DISARMAMENT FROM ST PETERSBURG TO NEW YORK Treasa Dunworth ORCID Identifier: orcid.org/ 0000-0001-6977-1215 April 2019 Melbourne Law School University of Melbourne Submitted in total fulfilment of the requirements of the degree of Doctor of Philosophy ABSTRACT In the past twenty years, the international community has agreed to bans on anti- personnel landmines, on cluster munitions and on nuclear weapons. In all these cases, claims of humanitarianism ⎯ understood here as a concern with human suffering ⎯ have taken centre-stage as the explanation for this success. Disarmament, it is said, is being driven now by ideas of human suffering rather than by national security perspectives. The central claim of this thesis is that the humanitarian framing of arms control and disarmament is not a novel development, but rather represents a re- emergence of a much older and long-standing sensibility of humanitarianism in disarmament discourse. In other words, the thesis rejects the ‘big bang’ theory that presents the Anti-Personnel Landmines Convention in 1997 as a creation moment: as a paradigm shift from an older, traditional state-centric approach towards a more progressive, humanitarian approach. In challenging the creation myth of humanitarian disarmament, the aim is not to quibble about starting points. Rather, the challenge makes space for a more careful consideration of the meaning of ‘humanitarianism’ and ‘humanitarian disarmament’ including an acknowledgement of humanitarianism’s politics and complexities. The thesis argues that humanitarianism’s appeal lies in part at least in the ideal of an apolitical framework for disarmament ⎯ humanitarianism appears to be cleansed of all politics and thus has a moral simplicity. However, the thesis shows that far from being apolitical, humanitarianism generally, and humanitarian disarmament in particular, carry with them their own political agendas. Challenging the creation myth also allows the complex reality of humanitarian disarmament to emerge. The thesis reveals how there has not been a steady, progressive infusion of humanitarian ideals into the thinking about and practice of arms control. Rather, there have been periods when humanitarianism seemed to have greater traction, only to be side-lined. Further, taking a broad view, it can be seen that over time, there have been many failures as well as successes. Finally, this longer story paves the way for attention to be paid to other discourses that emerged (particularly during the Cold War) and were an important part of the overall disarmament discourse, but have been neglected. These include a human rights framework, a human security analysis, and ideas based on democracy. The thesis concludes that while humanitarianism has been an important feature of disarmament discourse historically, it does not have the radical potential that these other relatively neglected discourses offer, notwithstanding humanitarian disarmament’s more recent flourishing. ii DECLARATION I make the following declarations: i. The thesis comprises only my original work towards the degree of Doctor of Philosophy. ii. Due acknowledgement has been made in the text of this thesis to all other material used. iii. The thesis is fewer than 100,000 words in length, exclusive of the bibliography. Treasa Dunworth iii PREFACE During the course of writing this thesis, I have had one book chapter accepted for publication with Cambridge University Press which is based on some of the work in Chapters 4 and 5. The book chapter is entitled ‘The Cold War History of the Landmines Convention’ and will appear in Matthew Craven, Sundhya Pahuja and Gerry Simpson (eds) International Law and the Cold War (Cambridge University Press, 2019). I intend to publish a book provisionally entitled Understanding Humanitarian Disarmament with Cambridge University Press, which is due to appear later in 2019 and is substantially based on the work in this thesis. iv ACKNOWLEDGEMENTS I owe an enormous debt of gratitude to my supervision team: Professor Tim McCormack, Professor Tania Voon, and Dr Robert Mathews. In different ways, each was a major source of support. Tim, for being absolutely persuaded that there was a law PhD on a disarmament topic, easing my way through the application process and facilitating me spending time at Melbourne with my family. Tania, whose attention to detail, clarity of thought and expression improved every chapter and the articulation of every idea, and whose empathy and kindness helped me persevere. Finally, I could not have asked for a more expert, knowledgeable and generous person than Bob when it came to the intricacies of disarmament history and practice. His lifetime of service to the cause of disarmament is inspiring, and I am humbled by, and grateful for, his generosity in sharing his expertise. I am also grateful to many others who provided me with feedback, sources, ideas, information and challenges over the years as I worked on this project: Maartje Abbenhuis, Dylan Asafo, John Borrie, Lyndon Burford, John Burroughs, Tim Caughley, Hilary Charlesworth, Kate Dewes, Rob Green, Dell Higgie, Anna Hood, Natalia Jevglevskaja, Ken Keith, Frank Kirwan, Dino Kritsiotis, Kobi Leins, Rain Liivoja, Campbell McLachlan, Janet McLean, Andrew Mitchell, Manfred Nowak, Anne Orford, Dianne Otto, Josh Paine, Sundhya Pahuja, Daniel Rietiker, Kevin Riordan, Richard Slade, Lucy Stewart, Lisa Tabassi, Andrew Webster and David Williams. I offer heartfelt thanks to all the wonderful librarians who helped me along the way: in particular to Stephanie Carr and Tracey Thomas. Like all of us who work within the University system, I am indebted to our librarians for their expertise and professionalism. I cherished the support and friendship of the ‘Level 9 team’ during my stints at Melbourne Law School: Maddy Chiam, Monique Cormier, Alison Duxbury, Anna Hood, Cathy Hutton, Kobi Leins and Rain Liivoja. In 1995 I started work as a Researcher for the Harvard Sussex Program on Arms Control and Arms Limitation, at the time led by Julian Perry Robinson (at Sussex) and Mathew Meselson (at Harvard). Although I did not realise it at the time, it was here that the seeds of this project were planted. It is fitting therefore that both Julian and Matt appear in the following pages: Matt, then a young academic, led a Commission to enquire into the effects of use of herbicides by the United States during the Vietnam War (Chapter 4, Part II B); Julian represented the World Health Organization at the series of meetings convened as part of the ‘Human Rights in Armed Conflict’ initiative through the 1970s which was an important humanitarian campaign responding to the human suffering engendered by the Vietnam War (Chapter 4, Part III B). Matt and Julian stand as testament to the long history of the quest for disarmament propelled by a humanitarian sensibility ⎯ even if neither of them would express it like that. I was privileged to work for them and I am grateful to both of them for the many opportunities they afforded me. From that period of my professional life, I also acknowledge and thank Sergei Batsanov, Daniel Feakes, Walter Krutzsch, Kathleen Lawand, Lisa Tabassi and Anil v Wadhwa. Conversations and discussions with all of them raised questions for me that I have only started to explore in this project. Outside of my professional life, I owe many thanks: to Lisa Tremewan who first inspired me to study law and from whom I learnt about the need to acknowledge law’s limitations, even as we strive to make real its possibilities; to Dympna, Eilish, and Moira who encouraged their little sister every step of the way (and long before I embarked on this project); to Janet and Steven and all of my extended family in New Zealand and elsewhere, for forgiving (I hope!) my absences, silences and neglect. I dedicate this thesis to my mother-in-law, Ngaire Wilkinson, who by virtue of being from a different generation and a different time, did not have my opportunities, but who ensured that I was able to embrace those that came my way. Finally, I am eternally grateful to Marty for his love and support. He has been my steadfast champion, has accepted and facilitated my absences whether physical or otherwise, and has been waiting patiently for me to return. vi TABLE OF ABBREVIATIONS AEC Atomic Energy Commission (United Nations) Amended Protocol II Amended Protocol on the Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices 1995 AP I Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts 1977 AP II Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non International Armed Conflicts 1977 APLM Anti-personnel landmine APLM Convention Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti- Personnel Mines and on their Destruction 1997 CCA Commission for Conventional Armaments (United Nations) CCM Convention on Cluster Munitions 2008 CCW Convention on the Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects 1980 CD Conference on Disarmament Charter Charter of the United Nations 1945 Covenant Covenant of the League of Nations 1920 CTBT Comprehensive Nuclear-Test-Ban Treaty 1996 CWC Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and
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