| By
MIKE MOORE |
17August
2004 |
Intervention
in the affairs of another state can be justified, as long as the
threshold is high and the commitment is there for the long run.
Few things irritate me more than reading headlines criticising the
United Nations, saying the UN should act to stop violence, prevent
civil war and solve some humanitarian crisis. The world watched
with horror the genocide in Rwanda, what was Yugoslavia, Iraq a
few years ago, and now the horrors of Sudan. The UN gets the blame
when nothing happens. Yet the UN can only do what its members allow,
fund and mandate it to do.
Correctly,
it has no army, it cannot force its way in. Frequently leaders call
for action and then will not fund or equip the UN to do the job.
Or the politics of the Security Council and the veto stops direct
action. Or a weak mandate puts peacekeepers in an impossible situation
where they sit by powerless to enforce a peace.
Massacres,
the most appalling acts of barbarism, have been committed under
the noses of lightly armed blue-helmeted UN soldiers who are instructed
not to use force.
The
first contingent of blue helmets was based in the Sinai after the
Suez crisis where the British, French and Israelis conspired to
create a situation to legitimise an invasion after President Gamal
Abdel Nasser of Egypt nationalised the Suez Canal. Later, when Arab
nations attacked to reclaim land lost in the war, the UN troops
were asked to stand aside. They did. They had to.
That
has been, sadly, a common experience. Bluntly, what normally happens
is that the North Atlantic Treaty Organisation in the Balkans, Britain
or France in Africa, move in to forcibly create a peace or a stand-off,
and then the UN is mandated to maintain the peace. Peacekeeping
is different to peacemaking. There has to be a peace to keep.
Take
present-day Afghanistan. It's heartbreaking and breathtaking in
its cynicism the way in which governments call for action and then
deny the UN and a desperate, vulnerable new government the resources
to rebuild and construct their nation.
For
centuries the principle of governments having the right to conduct
their own affairs without outside involvement has been at the centre
of international relations. But does this mean sovereignty allows
the dominant political force to maim, torture and commit genocide?
Article
51 of the UN charter only sanctions force in self-defence or when
approved by the Security Council to stop an act of aggression. Intervention
is illegal in matters which are essentially within the jurisdiction
of any state. That's the legal premise that Sudan has used to warn
countries not to intervene in its domestic affairs. However, there
is a 1948 UN convention on genocide which can give states the legal
authority to take measures or can be used to enlist UN action where
genocide is established.
Despite
visits by UN Secretary-General Kofi Annan, condemnation by US Secretary
of State Colin Powell and numerous world leaders of the tragedy
that is Sudan, the UN resolution only calls for sanctions, not intervention.
Annan
has been urging nations to assist with funds for what has been called
the greatest humanitarian crisis in the world, in western Sudan.
At the same time, Sudanese President Omar el-Bashir was in the European
rogue state of Belarus buying weapons to continue the genocide in
Darfur.
President
Aleksandr Lukashenko of Belarus cheerfully ignored UN sanctions
and sold weapons to Saddam Hussein during the embargo, and is now
reported to have sold weapons to six of the seven nations on the
US State Department's list of state sponsors of terrorism. Yet he
goes unpunished.
The
Sudanese government claims it cannot disarm the Janjaweed militia
it created and claims immunity from an enforced solution in the
name of sovereignty.
At
the moment of writing, only the French have troops on the ground
and that's in neighbouring Chad to protect the thousands of refugees
who have fled. Khartoum has rejected the African Union's offer of
troops.
The
Security Council gave Sudan 30 days to answer genocide accusations.
A lot of people will die within that timeframe. One interesting
factor for those who believe in international law and order is the
Sudan government's fear of prosecution for crimes against humanity
in the International Court in The Hague. Knowing there could be
a process of international justice against murderous leaders can
change behaviour.
A new
theory of international engagement is emerging that brings this
dilemma and these contradictions into sharp focus. The age-old theory
of sovereignty, the right to self-determination, the right to non-intervention,
just won't do any more. The new doctrine is a "right"
and "obligation", the responsibility to protect.
The
threshold for direct action must be very, very high. First, it must
be do-able. Diplomacy must be given every chance and then some.
Action must be followed through with resources and a plan for stability.
Military planners talk of an exit strategy. Equal to this must be
the plan for reconstruction.
As
we have learnt from Iraq and elsewhere, winning the war can be the
easy part. Winning the peace is a long, expensive and dangerous
process. |