France has been a central actor in human protection, yet the existing literature has too often focused on Anglo-Saxon states or states that are wary of its development. In order to address this gap, this book provides an original and much-needed account of France’s relationship to human protection since the 1980s. It analyses a ‘tale of two norms’ using an innovative theoretical framework: The first is ‘France’s domestic norm of human protection’, and the second is the dominant international principle or norm of human protection at the time (chiefly humanitarian intervention in the 1990s and the responsibility to protect (R2P) in the 2000s). Through this ‘tale of two norms’, and also thanks to interviews with key actors such as Gareth Evans and Bernard Kouchner and analysis of fourteen case studies, the book reshapes our understanding of the development and influence of key principles and norms of human protection. It also corrects prevailing assumptions about France’s foreign policy and allows us to anticipate its future foreign policy more accurately. Last but not least, by showing how important it is to pay more attention to the interplay between domestic and international norms and building an innovative framework that can be used beyond the analysis of France and human protection, the book makes a key contribution to the literature on norms and International Relations theory more generally. The book is therefore an essential read for anyone interested in human protection, peace studies, France, foreign policy analysis, International Relations and norm diffusion.
reports on R2P in order to facilitate its development. The report was called “Implementing the responsibilitytoprotect” and defined a three-pillar strategy where the first pillar promotes the states’ responsibilitytoprotect their own population, the second pillar calls for “the international community to assist States in meeting those obligations”, and the third pillar argues that the international community has to “respond collectively in a timely and decisive manner” when a state fails to fulfil its responsibilities (Ban 2009 , 8–9).
Syria meant that R2P was dead (see for instance Rieff 2011 ).
Even though it is undeniable that the norm remained contested, it would, however, be mistaken to underestimate how far it had come. Between 2012 and 2017 the UN Security Council passed forty-seven resolutions referring to the international norm, thereby showing not only its importance, but also the international community's willingness to continue promoting it (Global Centre for the ResponsibilitytoProtect 2019 ). Additionally, as mentioned in the Introduction, in the specific case
International organisations are a central component of modern international society. This book provides a concise account of the principles and norms of international law applicable to the intergovernmental organisation (IGO). It defines and explains inter-governmentalism and the role of law in its regulation. The book presents case studies that show how the law works within an institutional order dominated by politics. After a note on the key relationship between the IGO and its member states, it examines the basic relationship between the UN and states in terms of membership through admissions, withdrawal, expulsion, suspension, and representation. The debate about the extent of the doctrine of legal powers is addressed through case studies. Institutional lawmaking in the modern era is discussed with particular focus on at the impact of General Assembly Resolutions on outer space and the Health Regulations of the World Health Organization. Non-forcible measures adopted by the UN and similar IGOs in terms of their legality (constitutionality and conformity to international law), legitimacy and effectiveness, is covered next. The different military responses undertaken by IGOs, ranging from observation and peacekeeping, to peace enforcement and war-fighting, are discussed in terms of legality and practice. The book also considers the idea of a Responsibility to Protect and the development of secondary rules of international law to cover the wrongful acts and omissions of IGOs. It ends with a note on how the primary and secondary rules of international law are upheld in different forms and mechanisms of accountability, including courts.
legitimacy regarding the use of force. Communicative ethics does not
seek to replace legal and moral discourses of legitimation. Instead,
it focuses on the communicative practices which constitute the
claims to legitimacy.
This chapter explores two concepts popular within a
broadly normative school of thought, ‘good international
citizenship’ and the ‘responsibilitytoprotect
ebbed away, with the state of the cosmopolitan era not one built
around autonomy and independence, but responsibility and
interdependence. In other words, it is not just a question of the effectiveness of institutions and policies, but the ideal of statehood
that underpins them, too. The disparagement of empire has not
led to the elevation of state sovereignty. This has consequences
not only for the state’s external relations but also its internal
political structures – consequences that can be best explored
through the responsibilitytoprotect.
The Annan challenge was taken up by the Canadian-sponsored
twelve-person International Commission on Intervention and State Sovereignty
(ICISS), which responded by subsuming humanitarian intervention under
the novel concept of ‘responsibilitytoprotect’ (R2P or
RtoP). 31 The aim of the R2P
approach was to ‘shift the terms of the debate’; 32 it amounts to a ‘rhetorical trick’ of
flipping the coin and shifting the emphasis from the controversial right to intervene
humanity, war crimes, as well as aggression), embodied in the idea of a ResponsibilitytoProtect (R2P) and, arguably, practised in Libya in 2011.
IGOs and the use of force
The creation of the UN in 1945 was meant to signify the advent of a system of collective security. In theory, collective security involves the centralisation, at least partially, of the use of coercion and violence to combat aggressors and threats to the peace. 1 Under the UN Charter scheme the intention of the founding states was that the Security Council would hold that centralised power, shown
undertake peacekeeping. 63
The emergence of the ResponsibilitytoProtect
The above sections detailed the evolution of UN practice and policy leading up to the proposal of the R2P in 2001. After expanded missions in Iraq and Somalia, and then failures in Rwanda and Srebrenica, the UN was again faced with the possibility of atrocities. In 1999 there was grave concern in the UN about the situation in Kosovo, but the UNSC did not authorize military intervention to protect civilians due to a Russian veto threat as a permanent member of the UNSC. This led to NATO forces
The Dag factor
I must do this. God knows where it will lead this Organisation and where it will
(United Nations Secretary-General Dag Hammarskjöld, 1960)1
By the first week of July 1960, looting and civil disorder on the streets of Léopoldville,
and sporadic incidents of violence against Belgian troops and the European population, led Lumumba and Congolese President Joseph Kasavubu to appeal to the UN
for help. Decades before the rhetoric of the ‘responsibilitytoprotect’ entered into
international discourse during the 1990s, Hammarskjöld