INSTITUT DE HAUTES ÉTUDES INTERNATIONALES ET DU DÉVELOPPEMENT

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1 Master in International Affairs Academic year From Humanitarian Intervention to the Responsibility to Protect: Historical and Legal Perspectives IA037 - Spring - 6 ECTS Mondays 10:15-12:00 (CV 204) Course Description In 2005, the General Assembly of the United Nations adopted the concept of Responsibility to Protect (known as R2P). In 2011, the Security Council explicitly mentioned it when it authorized the use of force in Libya and when it referred the situation in the country to the International Criminal Court. The authors of R2P intended to overcome the criticism surrounding the concept and practice of humanitarian intervention and to ensure effective responses in the face of large scale human tragedies. The application of R2P in Libya reignited the controversy about military intervention for humanitarian purposes. Despite its new aspects, the controversy is very old. In fact, various humanitarian interventions took place during the last two centuries. Then, as now, they had supporters and detractors. The seminar compares and contrasts the legal and historical dimensions of the concept and practice of humanitarian intervention and R2P. PROFESSORS Nicolas Michel nicolas.michel@unige.ch Contact thru Mélissa Fardel (melissa.fardel@unige.ch) Uni Mail 3054 Davide Rodogno davide.rodogno@graduateinstitute.ch CV318 ASSISTANT Jaci Eisenberg jaci.eisenberg@graduateinstitute.ch CV311 Sumon Vangchuay Sumon.vangchuay@graduateinstitute.ch CV 338 This course is one of three compulsory courses for MIA students. As such, it is not open to students from other disciplines. Syllabus The introductory meeting (Week 1) will be followed by four thematic classes. Week 2 is an overview of the various, often ambiguous, meanings of the terms: humanitarian, humanitarian action, humanitarianism. Specific attention will be devoted to the continuities and ruptures in Western humanitarianism and reference will be made to non-western humanitarian practices. The analysis will be juridical, political and historical. Week 3 focuses on the Responsibility to Protect, known as R2P: its legal and contextual genealogy from the ICISS project to its endorsement by the UN General Assembly in 2005 and during week 4 its implementation. Week 5 will be the ideal continuation of class conversation on the R2P. Mr. Cornelio Sommaruga, former President of the ICRC ( ), who was personally involved with the development of the notion of R2P in its early stages, will examine it critically with us. Week 6 will offer a different analysis. The class will focus on the various actors who actively (and passively) participate in humanitarian interventions (the analysis will include those actors contesting such concept and international practice). The actors analyzed are state and non-state actors, as well as actors active within domestic constituencies and beyond them, including humanitarian and advocacy NGOs, diaspora groups and media (including social networks). INSTITUT DE HAUTES ÉTUDES INTERNATIONALES ET DU DÉVELOPPEMENT GRADUATE INSTITUTE OF INTERNATIONAL AND DEVELOPMENT STUDIES SWITZERLAND - TEL +41 (0)

2 Weeks 7 and 8 there will be no class. Week 8 is replaced by a double session during Week 15 (see calendar below). During this two week break we strongly encourage students to continue reading for the seminar from works located on the suggested readings list. During Week 9, International Law Professor Emeritus Peter Haggenmacher will give a presentation on the concept and practice of just war and state sovereignty, and Davide Rodogno will expand on humanitarian interventions during the nineteenth century and into the early twentieth century. A further guest-speaker will present on the ongoing Syrian crisis during week 10. Weeks 11 to 13 will revolve around student group presentations. More details about this activity follow after the calendar. The load of readings will be reduced to allow students to prepare for the four-hour exam that will take place during Week 15. Calendar Week 1 18 February Introduction Week 2 25 February Humanitarian-ism(s) Week 3 4 March From the ICISS to the UN GA World Summit Outcome of 2005 Week 4 11 March Implementation of the 2005 Document up to Week 5 18 March Guest-Speaker: Mr. Cornelio Sommaruga Former ICRC President ( ) Week 6 25 March Mapping the actors of humanitarian interventions Week 7 1 April No class (Easter Break) Week 8 8 April No class Week 9 15 April Guest-Speaker: Prof. Emeritus Peter Haggenmacher on the doctrine and practice of just war and state sovereignty & the history of humanitarian interventions during the 19th century Week April Guest-Speaker: TBD (on current Syrian crisis) Week April Group Presentations (2 groups per session) Week 12 6 May Group Presentations (2 groups per session) Week May Group Presentations (2 groups per session) Week May No Class (Whit Monday) Week May Written Exam (10:15-14:00) Attention: double session! Please make necessary arrangements to be available ASAP. No exceptions will be granted. - Page 2 -

3 Expectations and grading 1. Active participation in class (10 % of the final grade). This means: a. Attend class! If you cannot attend, notify the TAs in advance as a courtesy. Excessive absences will be penalized as participation implies you are at class. b. Do the required weekly readings, and c. Come prepared in class with a list of discussion points. Also, d. Be ready to question and intervene at the class sessions. 2. Take the four-hour final exam on 27 May 2013 (60% of the final grade). 3. Prepare a group (oral) presentation on an assigned theme related either to the Libyan crisis and intervention of 2011, or to the ongoing crisis in Syria (30% of the final grade). Tentative topics for group presentations (this list may change in function of the number taking the class for credit) 1. State sovereignty The group will analyze the notion of state sovereignty and its evolution in relation to the intervention for humanitarian purposes. 2. The impact of the prohibition of the use of armed force Looking at the history of interventions for humanitarian purposes, how did the adoption of the principle of the prohibition of the use of armed force in international relations affect the regime of these interventions? 3. The «humanization» of the international legal order How did the development of international humanitarian law, international human rights law, and international criminal law influence the regime of interventions for humanitarian purposes? 4. Failure of the Security Council to act Intervention for humanitarian purposes in case of failure of the Security Council to discharge its responsibilities. 5. Legitimacy vs. legality Are there situations where an intervention for humanitarian purposes, which is not in conformity with international law, can still be considered as legitimate? 6. «Responsibility while protecting» To what extent does the concept of «responsibility while protecting» refer to well-known pre-existing criteria? To what extent does it bring new elements? Is it intended to replace or supplement the concept of the responsibility to protect? What are the pros and cons of this concept? - Page 3 -

4 Required readings by week Readings followed by an asterisk - (*) are available on reserve in the HEID library. All other readings are available on the course website (address to be communicated at a later date). Week 1 18 February Introduction No reading Week 2 25 February Humanitarian-ism(s) Aeberhard, Patrick. A Historical Survey of Humanitarian Action. Health and Human Rights 2, no.1, Human Rights and Health Professionals (1996): Barnett, Michael. Humanitarianism Transformed. Perspectives on Politics 3, no. 4 (Dec. 2005): Brauman, Rony. «Emotion et action humanitaire.» Etudes 410 (2009/1): Donini, Antonio. Humanitarianism in the 21 st Century. Humanitaire 25 (2010): 2-6. Mazower, Mark. The Strange Triumph of Human Rights, The Historical Journal 47, no. 2 (2004): Rieff, David. Humanitarianism in Crisis. Foreign Affairs 81, no. 6 (2002): Week 3 4 March From the ICISS to the UN GA World Summit Outcome of Report of the International Commission on Intervention and State Sovereignty (ICISS), The Responsibility to Protect, Ottawa, International Development Research Centre, December [read only pp. 1-20, 29-37, 47-55, 69-75]. 2 - Report of the High-level Panel on Threats, Challenges and Change, A more secure world: our shared responsibility, UN doc. A/59/565, 2 December [read only pp. 8-10, 13, 15, 22-23, 56-57]. 3 - Report of the UN Secretary-General, In larger freedom: towards development, security and human rights for all, UN doc. A/59/2005, 21 March [read only pp. 1-2, 34-35, 59]. 4 - UN General Assembly, World Summit Outcome, UN doc. A/RES/60/1, 24 October [read only pp. 1 & 30 ( )]. 5 - UN Security Council, Protection of civilians in armed conflict, UN doc. S/RES/1674 (2006), 28 April [read only pp. 1 & 2]. Week 4 11 March Implementation of the 2005 Document up to UN Secretary-General, Report of the Secretary-General on Implementing the responsibility to protect, UN doc. A/63/677, 12 January [read only pp. 1 & 2 (Summary)]. 2 - UN General Assembly, The responsibility to protect, UN doc. A/RES/63/308, 14 September UN Secretary-General, Report of the Secretary-General on Early warning, assessment and the responsibility to protect, UN doc. A/64/864, 14 July [read only p. 1]. - Page 4 -

5 4 - UN Security Council, Peace and security in Africa, UN doc. S/RES/1970 (2011), 26 February UN Security Council, The situation in Libya, UN doc. S/RES/1973 (2011), 17 March UN Security Council, Côte d Ivoire, UN doc. S/RES/1975 (2011), 30 March UN Secretary-General, Report of the Secretary-General on The role of regional and subregional arrangements in implementing the responsibility to protect, UN doc. A/65/877 - S/2011/393, 28 June [read only pp. 1-2]. 8 - UN Security Council, Statement by the President of the Security Council on Maintenance of peace and security, UN doc. S/PRST/2011/18, 22 September UN Security Council, Middle East situation, Draft Resolution, UN doc. S/2011/612, 4 October UN Security Council, Middle East, UN doc. S/RES/2014 (2011), 21 October UN General Assembly, Situation of human rights in the Syrian Arab Republic, UN doc. A/RES/66/176, 19 December UN Security Council, Middle East situation Syria, Draft Resolution, UN doc. S/2012/77, 4 February UN General Assembly, The situation in the Syrian Arab Republic, UN doc. A/RES/66/253, 16 February UN Security Council, Middle East, UN doc. S/RES/2042 (2012), 14 April UN Security Council, Middle East, UN doc. S/RES/2043 (2012), 21 April UN Security Council, Middle East, Draft Resolution, UN doc. S/2012/538, 19 July UN Secretary-General, Report of the Secretary-General on Responsibility to protect: timely and decisive response, UN doc. A/66/874 S/2012/578, 25 July 2012 [Read only pp. 1-3 (Ch. I) and pp (Ch. V & VI)]. 18 UN Security Council, Mali, UN doc. S/RES/2085 (2012), 20 December Week 5 18 March Guest-Speaker: Mr. Cornelio Sommaruga Former ICRC President ( ) No reading Week 6 25 March Mapping the actors of humanitarian interventions Orwin, Clifford. Humanitarian Military Intervention: Wars for the End of History? Social Philosophy & Policy Foundation (2006): de Waal, Alex. Darfur and the failure of the responsibility to protect. International Affairs 83, no. 6 (2007): Page 5 -

6 Wheeler, Nicholas J. Saving Strangers. Humanitarian Intervention in International Society. Oxford, Oxford University Press, (*) Week 7 1 April No class (Easter Break) One reading from the suggested readings list Week 8 8 April No class One reading from the suggested readings list Week 9 15 April Guest-Speaker: Prof. Emeritus Peter Haggenmacher on the doctrine and practice of just war and state sovereignty & the history of humanitarian interventions during the 19th century Bass, Gary. Freedom s Battle. The Origins of Humanitarian Intervention. New York: A. Knopf, (*) Chesterman, Simon. Just war or just peace? Humanitarian Intervention and International Law. Oxford: Oxford University Press, (*) Mamdani, Mahmood. Saviours and Survivors. Darfur, Politics and the War on Terror. Verso: New York, (*) Power, Samantha. A Problem from Hell, America in the Age of Genocide. New York: Perennial, (*) Rodogno, Davide. Against Massacre. Humanitarian Interventions in the Ottoman Empire. Princeton, Princeton University Press, (*) Week April Guest-Speaker: TBD (on current Syrian crisis) No reading Week April Group Presentations (2 groups per session) Week 12 6 May Group Presentations (2 groups per session) Week May Group Presentations (2 groups per session) Week May No Class (Whit Monday) One reading from the suggested readings list Week May Written Exam - Page 6 -

7 Suggested readings NB see also the separately distributed 21-page document on R2P readings. Barnett, Michael. Empire of Humanity, A History of Humanitarianism. Ithaca: Cornell University Press, (*) Barnett, Michael and Thomas Weiss, eds. Humanitarianism in Question. Cornell: Cornell University Press, (*) Hehir, Aidan. Humanitarian Intervention an Introduction. Palgrave Macmillan, (*) Holzgrefe, J.L. and Robert O. Keohane, eds. Humanitarian Intervention. Ethical, Legal, and Political Dilemmas. Cambridge: Cambridge University Press, (*) Wilson, Richard Ashby and Richard D. Brown, eds. Humanitarianism and Suffering. The Mobilization of Empathy. Cambridge: Cambridge University Press, (*) - Page 7 -