Security Council Topic #2: Defining Sovereignty in Times of Humanitarian Intervention
Since the
drafting of the Charter of the United Nations, there have been global events
that challenge the line drawn between the right to sovereignty by the state and
the rights granted each human under the Universal Declaration of Human Rights.
Articles 2(4) and 2(7) of the Charter respectively call for refraining ‘from
threat or use of force against the territorial integrity or political
independence of any state’ and from international interference in matters of
domestic jurisdiction under the caveat that said matters do not hinder the
maintaining of international peace and security. The contradictory language
within the Charter regarding the preservation of state sovereignty and support
for human rights has long been the topic of much debate, but contemporary
crises call for a more definitive understanding of where, when and how this
line can be drawn.
One such example
has been the recent and ongoing human rights violations in the state of Syria. The
government has responded to anti-government protesting throughout the state
with violent military action, and one recent struggle in the city of Hama saw
some 140 protesters killed in one day. Despite repeated discussion within the UN Security Council,
certain states have moved to veto the majority of the decisions made regarding
the situation. Action has generally been limited and muted, though many states agree
that something must be done to protect the Syrian civilians. However, the
Syrian government has denied previous requests for UN access and increased
transparency. The problem then lies in defining the Syrian state’s right to
sovereignty in light of their violations on domestic human rights.
Led by the
delegation from Canada, the ad hoc International Commission on Intervention and
State Sovereignty (ICISS) has pursued one potential solution in the form of
redefining certain terms to allow for less ambiguous interpretation. Their
deliberations were published in 2000 in the form of The Responsibility to
Protect, in which they recommended—among other things—replacing terms such as ‘humanitarian
intervention’ with ‘the responsibility to protect.’ The thought was that this
might take the focus off of the responsibility of interveners and place the
focus on the needs of victims. A reconceptualization of sovereignty itself
might also shift the definition from a term of authority to one of
responsibility.
All in all, the
international community’s ambivalent approach to absolute definitions of state
sovereignty—especially in the wake of humanitarian affairs—have hindered
immediate action. It is entirely necessary that the Security Council discuss
these matters as they apply both theoretically and practically in matters such
as the current crisis in Syria.
Questions
to be considered from your state’s point of view:
- Does a state’s right to sovereignty play any role in matters of international peace and security and/or violations of human rights?
- How might a more definitive understanding
of the right of a state to complete sovereignty help address international
crises such as the current situation in Syria?
- Is there a measure that might be taken to
address the ambiguous nature of sovereignty without directly amending the
Charter of the United Nations?
- At what point does your state feel its
authority is compromised by their sacrificing of complete sovereignty?
- Does the approach recommended by the
International Commission on Intervention and State Sovereignty (ICISS) sound
effective enough to diminish any room for conflicting interpretation of
sovereignty?
- Does international action in Libya
provide any context for when sovereignty should be violated and what can be
expected from humanitarian interventions?
Resources:
The Charter of
the United Nations (see Chapter I: Purposes and Principles)
The Universal
Declaration of Human Rights
‘No More Rwandas’:
Intervention, Sovereignty and the Responsibility to Protect (Article discussing
the International Commission on Intervention and State Sovereignty) http://www.odihpn.org/report.asp?id=2605
The Syrian Human
Rights Committee
‘Hague Demands
Action on Syria but Rules Out Force’
‘Two Concepts of
Sovereignty’ - Kofi Annan
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