Prevention of Genocide and Mass Atrocities and the Responsibility to Protect: Challenges for the UN and the International Community in the 21st Century The Responsibility to Protect Occasional Paper Series Rachel Davis, Chief Rapporteur, Benjamin Majekodunmi and Judy Smith-Höhn, Rapporteurs june 2008 Centre for International Peace Office of the un Conflict Resolution Institute Special Adviser for the university of Cape Town new York Prevention of Genocide new York Cover Photo: A young timorese girl AbouT The rapporteuRs at the Motael Camp for Internally Displaced Persons, Dili, timor-Leste. RACHEL DAVIS is Associate at the International Peace December 2007. UN Photo/Evan Institute (IPI) where she manages the Responsibility Schneider. to Protect (RtoP) program. She works closely with Dr. the views expressed in this paper Edward Luck in his role as Special Adviser to the UN represent those of the authors and Secretary-General working on RtoP. not necessarily those of IPI. IPI welcomes consideration of a wide range of perspectives in the pursuit Benjamin Majekodunmi is Human Rights officer in of a well-informed debate on critical the office of the UN Special Adviser for the Prevention policies and issues in international of Genocide. affairs. IPI Project Staff Judy SmitH-Höhn is Senior Researcher, Policy Edward Luck, Senior Vice President Development and Research Project, at the Centre for and Director of Studies Conflict Resolution, University of Cape town. Marilyn Messer, Special Assistant to the Senior Vice President and Director of Studies Rachel Davis, Associate IPI Publications Adam Lupel, Editor Ellie B. Hearne, Publications Officer © by International Peace Institute, 2008 All Rights Reserved www.ipinst.org CoNtENtS Preface. i Executive Summary . 1 Introduction. 2 1. background to The mandateS OF The special AdviseR On The prevention of Genocide And The special AdviseR to The Secretary-General workInG On The ResponsibIlity to protect 2. STELLENBOSCh POlICY ROUNDTABLE, DECeMBER 2007 the Scope of the Responsibility to Protect. .5 Characteristics of Genocide Prevention and RtoP Situations . 6 Efforts to Address Genocide Prevention and RtoP Situations through the UN. .7 1. general trendS 2. prevention efforts withIn The broadeR un systeM 3. the role of The SeCurity council Collaboration between the UN and Regional Mechanisms in Addressing Genocide Prevention and RtoP Situations. 10 1. regionAl efforts 2. joinT RegionAl And un efforts Implications for Broader Prevention Efforts by Civil Society Actors. 13 Conclusion: Next Steps . 14 Annex. 15 1. roundtable agendA 2. participants list Rachel davis, benjamin Majekodunmi, and judy Smith-höhn i Preface The Stellenbosch Policy Roundtable on the “Prevention of Genocide and Mass Atrocities and the Responsibility to Protect: Challenges for the UN and the International Community in the 21st Century” was a truly collaborative effort. The Centre for Conflict Resolution (CCR) of Cape Town, South Africa, first took the initiative of proposing the conference to Francis Deng and then proved to be a gracious and efficient host for the event. All of the participants were deeply appreciative of CCR’s unfailingly hospitable and able support staff. The International Peace Academy, now known as the International Peace Institute (IPI), of New York took the lead in drafting the agenda, the concept paper, and this report. Pippa Segall of CCR and Marilyn Messer of IPI worked closely and ably together on recruiting the participants and arranging their travel. The costs of the event were shared by IPI and the CCR. IPI is most grateful to the Government of Canada, through the Glyn Berry Program, for generously providing the funding for its portion of the costs. Likewise, the CCR is most appreciative of the strong support of the Government of Denmark. With the Office of the Special Adviser for the Prevention of Genocide as the third co-sponsor of the roundtable, it was evident that its results would be fully integrated into the UN’s approach to both genocide prevention and the responsibility to protect. The work of both Special Advisers was enriched by the far-ranging discussion at Stellenbosch and they were able, in turn, to provide the participants with a full picture of how their plans were developing early in their respective tenures. At Stellenbosch, far more than in similar enterprises, the worlds of research and policy merged in a seamless, productive, and forward- looking exploration of policy and institutional renovation on one of the defining human and political challenges of our time. Adekeye Adebajo, Executive Director, Centre for Conflict Resolution Francis M. Deng, Special Adviser to the UN Secretary-General for the Prevention of Genocide Edward C. Luck, Senior Vice President and Director of Studies, International Peace Institute, and Special Adviser to the UN Secretary-General Rachel davis, benjamin Majekodunmi, and judy Smith-höhn 1 Executive Summary on three pillars: first, an affirmation of the primary and continuing obligations of states to The increasing acceptance of the protection protect their populations from genocide, war responsibilities of states towards the populations crimes, ethnic cleansing, and crimes against on their territory was highlighted at the 2005 humanity, and from their incitement; second, a World Summit, where Member States universally commitment by the international community affirmed the concept of the “responsibility to to assist states in meeting these obligations; and third, an acceptance by Member States of protect” (RtoP). However, this significant their responsibility to respond in a timely and development has not been matched by comparable decisive manner, in accordance with the UN progress in enhancing international machinery Charter, to help protect populations from these or national will to insure that the failures to four crimes and violations. protect of recent decades will not be repeated. • RtoP and genocide prevention are both To address some of these challenges, the Special grounded in the notion of “sovereignty as Adviser on the Prevention of Genocide (SAPG), responsibility” and are intended to help states Professor Francis Deng, and the Special Adviser succeed. The over-emphasis on the coercive to the Secretary-General (SASG) working on dimension of RtoP in public discourse and the RtoP, Professor Edward Luck, held a policy under-emphasis on prevention have skewed the post-Summit debate and precluded expert roundtable in Stellenbosch, South Africa, that consideration either of what RtoP-specific brought together over thirty policymakers, prevention and capacity-building efforts look experts, and practitioners from the UN, regional like or of the UN’s comparative advantages in organizations, governments, and civil society this area. to consider the conceptual, institutional, and • The purpose of RtoP is not to re-label existing policy challenges posed by their mandates and prevention and protection efforts but to bolster by Secretary-General Ban Ki-moon’s determi- them. For the UN, RtoP should function as nation to “operationalize” RtoP within the UN a lens for helping the organization anticipate system and to turn the Member States’ “words RtoP situations and as a strategic framework into deeds.” The roundtable was jointly convened for relating the various components of a UN by the International Peace Institute, New York response and for gauging their cumulative (where Professor Luck is Senior Vice President progress. and Director of Studies), the Office of the SAPG, • Situations involving RtoP and genocide preven- and the Centre for Conflict Resolution, Cape tion do not typically emerge without warning. Town. There are a number of factors that tend to contribute to an “enabling environment,” The agenda was organized around six case including the sealing off of a country, a “crisis studies of genocide and/or mass atrocities that of identity” within a society, the presence of have occurred over the past three decades competing elites or political groups, particu- in Cambodia, Rwanda, Bosnia, Burundi, the larly those with an exclusionary ideology, and a Democratic Republic of the Congo (DRC), and history of discrimination, violence, or impunity. Darfur, complemented by thematic discussions The role played by neighboring and other exploring how international and institutional interested states and by non-state actors should responses to such situations have evolved. This be taken into account, as should the presence of report draws together the lessons from the case internally displaced persons (IDPs). studies into a series of broader conclusions and Second, on the respective roles of the UN, identifies issues for further action. Among these regional mechanisms, and civil society in were the following: preventing and responding to situations of actual First, on the scope of RtoP and the characteris- or potential RtoP crimes and violations, including tics of RtoP and genocide prevention situations: genocide: • As adopted in the Outcome Document and • There are encouraging indications that the subsequent resolutions of the General Assembly political calculus in such cases is changing and Security Council, the concept of RtoP rests and that the international community is much 2 PREVENTIOn OF GENOCIDE AND MASS ATROCITIeS AND THE ReSPOnSIbIlITY TO PROTeCT less likely to “look the other way.” Ensuring an of areas identified and explored at Stellenbosch, effective response, however, remains a challenge. including the following: • For the UN system,