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International Law Class 24: Force & R2P

International Law Class 24: Force & R2P. P. Brian Fisher CofC Spring 2011. Prosecutor v . Drazen (1997) ICTFY IT-96-22-A .

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International Law Class 24: Force & R2P

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  1. International LawClass 24: Force & R2P P. Brian Fisher CofC Spring 2011

  2. Prosecutor v. Drazen (1997)ICTFY IT-96-22-A • F:DrazenErdemović, a Bosnia Serb, was ordered to execute about 1,200 Bosniak men and boys, who had surrendered. The prisoners were bussed to the farm and gunned down in groups of ten.Erdemovićallegedly resisted the order, but was then told that he either had to shoot them or be shot himself. Victims were buried in mass graves. While it’s unknown how many were killed total, Drazen estimates that he killed 70 personally. In early 1996, he sought out a field reporter and testified on camera about what happened at Srebrenica. Several days later, was arrested and charged with war crimes and crimes against humanity in the International Criminal Tribunal for the former Yugoslavia (ICTY). • I: Can crimes against humanity be mitigated by duress? • H: No. • R: Court found that “the Appellant did possess freedom of moral choice in the execution of Muslims at Branjevo farm”. Evidence of duress does not vitiate the crime itself, but it can be a mitigating factor in sentencing. • Drazen was sentenced to 10 years, which was reduced to 5 years, whereupon he was put in witness protection and testified against Milosevic.

  3. R2P: Responsibility to Protect • A burgeoning norm or set of principles based on the idea that sovereignty is not a privilege, but a responsibility. Focus is on preventing or stopping crimes committed by state authorities against its own people. • Responsibility of governments and of the international community to protect populations from “atrocity” crimes committed or could be committed by their own state leaders. • Became much more prominent on Int’l scene in 2005 after Rwandan Genocide.

  4. Responsibility to Protect (R2P) • Crimes of atrocity include: genocide, war crimes, ethnic cleansing, and crimes against humanity • Other crimes against humanity, such as apartheid, sexual violence, torture, enslavement, imprisonment, or "other inhumane acts," may well rise to the level of inhumanity triggering the political will to take an R2P action. • Lots of Qs: when can be used and implemented? Military force justified? By whom?

  5. Taking R2P Action • “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 are manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity.” • Chapter VII, UN Charter

  6. Responsibility to Protect • Who has “responsibility”? • What is justification? • What is the focus of R2P? • How does that differ from the “responsibility? • What does this arise out of? • What is included? What is excluded? What should be included? • Early Warning Assessment—practical measures How/When? • Capacity Building within States to prevent?

  7. flowchart • What is the authority for R2P (intervene—even if by force)? • What are the conditions under which R2P can take place? • Conditions for specific crimes? • Exceptions? • Standard for intervention: Intentionality or Negligence or Inability to protect domestically?

  8. Videos • Doyle: non-intervention • Doyle: right to protect • Doyle: Non-intervention & right to protect • R2P, Chomsky Panel (Part I) (10m) • R2P, Chomsky Panel (Part II) (10m) • R2P, Chomsky Panel (Part III) (10m) • R2P, Chomsky Panel (Part IV) (10m) • R2P, Chomsky Panel (Part V) (7m)

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