Dr. Noel M. Morada 6 August 2014 Cambodia Institute for Peace and Cooperation

1. Promoting Responsibility to Protect in ASEAN: What Role for Cambodia? Dr. Noel M. Morada 6 August 2014 Cambodia Institute for Peace and Cooperation

2. Responsibility to Protect: background • Humanitarian crisis in the 1990s • Rwanda, Uganda, former Yugoslavia (Bosnia-Herzegovina) • Francis Deng: sovereign responsibility • International Commission on Intervention and State Sovereignty (ICISS): 2001 • Response to the challenge of UNSG Kofi Annan: how should the international community respond to humanitarian crisis and mass atrocities • R2P version 1.0: Responsibility to Protect Report • Responsibility to Prevent • Responsibility to React • Responsibility to Rebuild • BUT the Report focused more on principles related to military intervention and operations, while acknowledging that prevention is also important.

3. Responsibility to Protect: background • UN Summit of World Leaders 2005 • R2P version 2.0: WSOD paragraphs 138-139 • R2P as primary responsibility of states • Important role of UN and UNSC, and regional arrangements • Authority of the UN derived from Chapters VI, VII and VIII of the UN Charter • Importance of prevention as key to implementing R2P • Importance of timely and decisive action if: • Peaceful means are inadequate • Failure of states to protect people • Post-Libya Crisis in 2011 • R2P version 3.0 Responsibility while Protecting (RwP) • Brazilian initiative calls for transparency and accountability in implementing R2P under the third pillar (timely and decisive response) • Informal Interactive Dialogues in the UNGA since 2009 • 2009 (implementing R2P); 2010 (early warning); 2011 (role of regional arrangements); 2012 (timely and decisive response); 2013 (capacity and prevention)

4. 2005 UN Summit Outcome Document on R2P 138. Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and support the United Nations in establishing an early warning capability.

5. 2005 UN Summit Outcome Document on R2P 139. The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter, to helpprotect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly fail to protect their populationsfrom genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity and its implications, bearing in mind the principles of the Charter and international law. We also intend to commit ourselves, as necessary and appropriate, to helping States build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assisting those which are under stress before crises and conflicts break out.

6. R2P’s three pillars • UN SG’s Report in 2009: Implementing R2P • Three-pillar approach: • Pillar 1—Prevention: the state has the primary responsibility to protect its population against the four crimes • Pillar 2— Assistance: the international community has the responsibility to help states build capacity to prevent mass atrocity crimes • Pillar 3—Timely and decisive response: if states are unwilling or manifestly fails to halt mass atrocities, the international community has the responsibility to take collective action, on case by case basis, under Chapter VII of the UN Charter and in cooperation with regional organizations/sub-regional arrangements

7. R2P Post-Libya • Responsibility while Protecting (RwP) • Brazilian initiative that calls for greater transparency and accountability in the use of force for protection of populations against mass atrocities • R2P cannot be used for regime change • Prudential principles: • Right intention • Last resort • Proportionality • Reasonable prospects for success

8. Promoting R2P in the Asia Pacific • Consensus on R2P still a work in progress in the Asia Pacific • Misconceptions about R2P as all about humanitarian (military) intervention: • Humanitarian intervention does not need UNSC authorization, can be unilateral • R2P needs authorization of UNSC based on 2005 WSOD • Myanmar: Cyclone Nargis in 2008, some Western countries invoked R2P, but for wrong reason • R2P covers only four crimes: genocide, ethnic cleansing, war crimes and crimes against humanity • Not all humanitarian crises situations (e.g., natural disasters) are covered by R2P, although they could lead to commission of any of the the four crimes; difficult to justify R2P +

9. Promoting R2P in the Asia Pacific • Asia Pacific Centre for the Responsibility to Protect (APCR2P)(www.r2pasiapacific.org) • Based in the University of Queensland in Brisbane, Australia • Supported by the Australian government as part of its contribution to building capacity of states in preventing genocide and mass atrocities • States in ASEAN and East Asia remain cautious about the concept and would like to focus on: • Prevention of mass atrocities (Pillar 1) • Consent of state is necessary before international community could intervene • Centre focus on research, outreach and building national and regional constituency on R2P

10. Promoting R2P in ASEAN • R2P as a friend—not an enemy—of sovereignty • Linked to good governance, rule of law, and respect for international norms on human rights, could enhance legitimacy of states • R2P and regional norms and concepts in ASEAN: • Comprehensive security • Human security • ASEAN as a community of caring societies (akin to African Union’s principle of non-indifference) • People-oriented ASEAN • Norm building under ASEAN Political Security Community • APSC Blueprint: “…adherence to the principles of democracy, good governance, rule of law, respect for promotion and protection of human rights and fundamental freedoms as inscribed in the ASEAN Charter.”

11. What role for Cambodia? • Important milestones in Cambodia: • First in ASEAN to ratify of Rome Treaty (International Criminal Court), followed by the Philippines in 2011 • Only ASEAN member that has a Genocide Museum • Created the ECCC to try atrocities under the Khmer Rouge • Pursuit of national reconciliation and peace • Enacting a law against denial of atrocities committed by the Khmer Rouge • Cambodia can take the lead in ASEAN in promoting R2P, particularly in Pillars 1 and 2 • Value of confronting past atrocities (important issue in Indonesia) • Encouraging other ASEAN members to ratify Rome Treaty • Opportunities: appointing R2P Focal Point, participation in UNGA dialogue on R2P; capacity building in prevention of mass atrocities

12. Conclusion • Promoting R2P in ASEAN needs regional champions, and Cambodia can and should take the lead in promoting mass atrocities prevention in Southeast Asia • Cambodia’s experience in confronting past atrocities and efforts in peace and national reconciliation can serve as model for ASEAN on good practices in Pillars 1 and 2 (showcase for R2P Conference in February 2015) • Cambodia can be a regional hub in ASEAN for capacity building of states in mass atrocities prevention through: • Regional and international partnerships in education and training for peace and reconciliation, transitional justice, peacekeeping • Development of early warning systems for mass atrocities prevention in ASEAN through cooperation with the UN and other international organizations