The Failure of International Community to Implement Responsibility
to Protect in Darfur
Ahmad Alfajri
1
1
Universitas Islam Negeri Syarif Hidayatullah Jakarta, Indonesia
Keywords: Responsibility, intervention, sovereignty, national interests, motivational deficiency, prevention
Abstract: This article wants to explore the implementation of the Responsibility to Protect (R2P)as a binding
international norm in Darfur, Sudan. The R2P commands every state to protect its citizen from any violation
of human right, and if the state is unable or unwilling to do so, then the international community should take
action of intervention. Darfur is a test case of whether states have adopted the norm or state’s interest is still
privileged over the norm. This article argues that R2P has not been adopted in Darfur due to the failure of
the international community to prevent conflict while there was a great opportunity to prevent the conflict to
escalate. Prevention is the core tenet of the R2P. In addition, national interests are great obstacles to enforce
the norm in practice.
1 INTRODUCTION
The International Commission on Intervention and
State Sovereign (ICISS) promoted a new norm
called the "Responsibility to Protect" (R2P). Before
the norm emerged, humanitarian intervention and
sovereignty were seen as two contradictory
concepts. Nevertheless, the R2P has located those
two as complementary to each other. It asserts
sovereignty should be understood as a responsibility
to protect, not as the right to control, and if a state
fails to perform the responsibility, either due to
state's weakness or motivational deficiency, the
international community has moral obligation to
intervene (Evans & Sahnoun, The Responsibility to
Protect, 2002).
The UN General Assembly Summit had
endorsed the norm in 2005; therefore it has officially
become a new binding norm in international
relations. This implies, if the humanitarian crisis
emerges, the international community will intervene
if the local government were unable or unwilling to
solve the issue. This article intends to assess the
implementation of R2P in practice. The
humanitarian crisis in Darfur will be the test case.
This article argues that the "responsibility to protect"
has not been yet implemented as how it should be in
practice. Preventing is the most important step in the
norm, but in fact, the international community was
reluctant to intervene and ignored the early warning
of the crisis which eventually allows the crisis to
escalate. The R2P has become a norm in
international relation and should be implemented
indiscriminately, but in fact, national interest is still
the main concern of every country (particularly
permanent Security Council states).
This article will be divided into four sections.
The first section will discuss the R2P concept. This
writing will not focus on the debate of whether the
responsibility to protect is legitimate or not, but
rather to describe the contents of the concept as well
as the timing and the way it should be implemented.
The second section will highlight the Darfur case
which includes its history and why this case should
obtain international responses. The third section will
discuss the failure of the R2P's application in Darfur.
The last section will explore some options to enforce
the application of the R2P in the future.
2 THE RESPONSIBILITY TO
PROTECT
The birth of the R2P concept is closely related to the
historical events of the 1990s. During these years,
many humanitarian tragedies happened and claimed
casualties in large numbers. In 1994 for example, the
Rwandan army and Hutu militias conducted massive
1558
Alfajri, A.
The Failure of International Community to Implement Responsibility to Protect in Darfur.
DOI: 10.5220/0009931815581565
In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1558-1565
ISBN: 978-989-758-458-9
Copyright
c
2020 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
killing on Tutsi and Hutu people who reach one
million casualties(Bellamy, The Responsibility to
Protect, 2008). In 1999, the Yugoslav government
was doing ethnic cleansing against Kosovo's
Albanian population (Bellamy, The Responsibility
to protect and the problem of military intervention,
2008). Responses to those cases are diverse; some of
those responses got permission from the UN
Security Council, and some did not. There has been
no consensus on how the humanitarian intervention
should be carried out because there is still a problem
in positioning intervention for human rights in the
context of respecting sovereignty.
According to the Westphalia agreement in 1648,
it is clear that every country has rights to organize
and run the government in whatever way deemed fit
by the state and another countries do not have right
to intervene (ICISS, 2011). The UN Charter Article
2 (7) also states that the United Nations prohibits
countries to interfere in the domestic affairs of other
countries. Non-intervention norm has become the
foundation of international order for years. Weak
states also believed that the non-intervention norm is
one of their main defenses against threats and
pressures from more powerful international actors
that seek to promote their own economic and
political interests (Weiss, 2004). Therefore,
sovereignty and intervention are then seen as
contradictory concepts. This condition has created a
problem.
On the one hand, there is an intention to save
individuals from genocide, ethnic cleansing and
other massive violence, while on the other hand
there is no consensus on how to solve the
sovereignty issue. Therefore, responses to those
humanitarian cases seem inconsistence. Sometimes
an intervention allowed by the UN, as taken place in
Rwanda, and sometimes it has no permission from
the UN such as NATO's bomb attack on Yugoslavia
(Bellamy, The Responsibility to protect and the
problem of military intervention, 2008).
Responsibility to Protect presents to solve that
problem. The R2P reframes the debate away from
one setting humanitarian intervention against
sovereignty. This concept positions intervention and
sovereignty as complementary, not contradictory.
This is through re-interpreting the meaning of
sovereignty. Before the concept emerged,
sovereignty mainly understood as the right to
control, but R2P defines sovereignty as the
obligation to protect (International Commission on
Intervention and State Sovereignty, 2001). The state
has a responsibility to protect its citizen, and this
responsibility is paramount. As Francis Deng said,
sovereignty required demonstration of responsibility
(Deng et.all, 1996). That represents the first main
tenet of the R2P.
However, not all countries are able or willing to
implement the obligation. In many cases, the state
itself has committed violence to its citizens. As
argued by Barry Buzan that state can also become
the source of threat for human security (Buzan,
1991). Data has proved, 262 million people died
because of crimes committed by states. That figure
is six times greater than the number of people killed
in the battle by the foreign government during the
same period (Bellamy, The Responsibility to protect
and the problem of military intervention, 2008). In
that condition, the international community has to
protect those citizens. That is the second tenet of the
R2P.
In 2005, the R2P concept was endorsed by the
UN General Assembly Summit, implying that the
R2P had officially become a new norm in
international politics. However, it is important to
note that responsibility to protect differs from
"humanitarian intervention." The R2P is broader and
more binding than humanitarian intervention.
Broader in a sense it does not only include reaction
but also incorporate prevention and rebuilding, while
humanitarian intervention only focuses on reaction
(International Commission on Intervention and State
Sovereignty, 2001).
Moreover, the R2P is an obligation, not just a
right to intervene. It implies, when humanitarian
tragedy takes place, the international community has
to involve if the set-criteria have been fulfilled.
Furthermore, the R2P addresses the intervention
from the perspective of the needs of those who seek
rather than from the interests and perspectives of
those who carry out such action.
It is also important to emphasize that the R2P is
theoretically more about prevention rather than
reaction and rebuilding. As argued by Gareth Evans,
responsibility to protect is mainly about prevention
(Evans G. , From Humanitarian Intervention to the
Responsibility to Protect, 2006). Prevention includes
responding to early warning and tackling the root
causes. Prevention is more important because
referring back to Rwanda and other humanitarian
issues before R2P emerges; those cases became
worse because the international community failed to
respond earlier.
Some people might worry about abusement of
this concept. Therefore standards and rules have
been set out. It can only be conducted under the
Security Council mandate. Moreover, it should meet
certain thresholds. The UN set four standards
The Failure of International Community to Implement Responsibility to Protect in Darfur
1559
namely genocide, war crimes, ethnic cleansing, and
crimes against humanity (Grono, 2006).
Again, the R2P is a breakthrough in international
politics; it mitigates the debate between intervention
and sovereignty. Moreover, the R2P can be seen as
lifeline facilitator for the growing concern of human
security issue as stressed by Kofi Annan in the UN
Summit 2005. However, how to turn it into practice?
Has it been applied properly? This will be assessed
by using the experience of the R2P in Darfur, Sudan.
3 DARFUN CASE
Since 2003 there was a war between the central
government and rebellion groups -- Sudan
Liberation Army (SLA) and the Justice and Equality
Movement (JEM). Some say this war is a war
between ethnic groups -- the central government
represents Arab, while Darfur rebels represent non-
Arabs-- and some writers mention this war is a war
between Muslim and Non-Muslim(Waal, 2007).
However, the majority of writers argue that the real
motive behind the war is injustice in which the
central government treated Darfur discriminately
both in politics and economy. The war started in
early 2003 when JEM and the SLA carried out
attacks on Sudan's military posts, burned several
government-owned aircraft and caught one of the air
force generals, El Fasher.
To respond to these attacks, the government
conducted a "proxy" war by arming the Arab group
known as Janjaweed. The government through the
Janjaweed attacked indiscriminately, killing
thousands of Darfur residents who are non-Arabs in
the majority and forced millions more out of Darfur.
Janjaweed also used sexual violence, destroyed the
resident's crops, and important cultural and religious
sites. Nobody knows exactly how many people have
died because of this counter-rebellion war. Some
writers estimate that between 300,000 and 400,000
people died. In mid-2004, the World Health
Organization estimates that between 240 to 440
people died each day in Darfur. USAID added, from
October to December 2004 that number rose to 2400
people every. The total population of Darfur is six
million and 2.4 million among them are directly
affected by this war. Among that number, 1.8
million have left their homes but remained in Darfur,
and about 200 thousand people have fled
permanently to Chad.
That war shifted from a mere counter-rebellion
into a mass slaughter and ethnic cleansing. As
reported by International Criminal Court, in Darfur
there is much evidence of large-scale massacres and
thousands of "slow deaths" from forced
displacement and destruction of food-stocks and
hundreds of rapes with many more going unreported
(Grono, 2006). That is the first reason why this case
should get the international community's response.
Another reason is that the government knew what
exactly happened in the field, but the government
did not do anything. The government even still
launched a ground and air offensive in early 2004.
At the same time, it gave the Janjaweed a free hand
to kill, terrorize and displace the civilian population
of Darfur (Belloni, 2006).
Back to the thresholds that set by UN and ICISS,
it is clear that Darfur has met those criteria. There
was mass killing, and ethnic cleansing and the
government had a motivational deficiency to solve
the problem. Therefore, the R2P should be adopted
because it is not a choice, but a duty to protect. Since
it has become a norm in international relations, the
international community should commit to enforcing
this agreed-norm. Darfur provides an important test
case of the international community's commitment
to an emerging norm of humanitarian intervention
and the ideas set out in the Responsibility to protect.
4 HAS RESPONSIBILITY TO
PROTECT APPLIED AS HOW
IT SHOULD BE?
It is argued by some people that “responsibility to
protect” has been applied properly in Darfur. The
international community, through the African Union,
has responded by forming a monitoring mission
which composed of 60 monitors and 300 troops in
2004 (Grono, 2006). Security Council also had
issued several resolutions on Darfur such as
resolutions number 1547 and 1556. In the first
resolution (June 2004), the Security Council called
on all involved parties to stop the war as quickly as
possible and make an agreement without delay. In
July, the second resolution came out which becomes
a reason to impose arms embargo to the region.
Through this resolution, Security Council also
supports the deploying of African Union protection
force. This resolution also contains an order for the
Sudan government to disarm the Janjaweed within
30 days. Compared to previous resolution, resolution
1556 was more decisive, and it emphasized more on
sanction rather that urging for negotiation. On 31
August 2006, the UN Security Council adopted
Resolution 1706, which invited Sudan's consent to
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the UN force implying that if consent was not
forthcoming, such a force might be dispatched
without it(Waal, 2007).
Security Council also established an
International Commission of Inquiry to investigate
the crisis. Security Council had asked the
International Criminal Court to conduct further
research on genocide issue in the country. Besides
Security Council, other parties also provided
response and help to Darfur. The European Union
(EU) responded by providing funding assistance to
the Africa Union (AU) peacekeeping force. In 2004,
EU allocated €92 million for humanitarian
assistance in Darfur.
However, despite offering some technical and
financial support, EU left the AU to take the lead in
conflict resolution and effort to achieve a political
settlement. EU believes in "African solutions for
African problems." NATO also provided help in the
form of logistics support for the African Union
troops. America also responds to Darfur by
providing assistance to the rescue mission. The US
has been generous in its aid contributions, supplying
much of the food supplies to the displaced
Darfurians.
However, those reasons are not strong
foundations to conclude that the responsibility to
protect has been carried out properly in Darfur. The
R2P document clearly says that prevention is the
most important part of the mission. As Gareth Evan
said, prevention --which includes responding to an
early warning -- is the most important part (Evans G.
, The Responsibility to Protect: Ending Mass
Atrocity Crimes Once and For All, 2008). However,
in fact, the international community failed to fulfill
this mandate which eventually allowed conflict to
grow. The international community did not prevent
that crisis from becoming worse when it is still
possible to be prevented.
True, international community made various
efforts. In 2004, African Union established an
investigation team, in the same year the UN issued
resolutions 1547 and 1556, and in 2005 the UN
began providing supports. However, those responses
were late. The "tragedy" began in the early 2003 and
since the time massacre had occurred and took many
lives, while the international responses just started in
the mid-2004. Between early 2003 and mid-2004
almost there was no response to Darfur tragedy. Due
to this late response, hundreds of thousands of
people died.
That was not because of lack of information. The
evidence and facts of massive killing have existed
since the beginning of 2003. The evidence was
collected not only by the mass media but also by
credible investigative agencies. Amnesty
International, the International Crisis Group, Justice
Africa, and Medecins Sans Frontieres warned the
world about the emerging crisis in Darfur from the
very start of 2003, but the international community
did not respond. Even, the International Commission
on Inquiry formed by the UN has clearly stated that
there was a mass killing in Darfur. Those warnings
were not taken seriously. Those organizations were
even criticized for exposing this case.It can be said
that policymakers and leaders around the world have
known exactly what was taking place in Sudan.
Moreover, even when Darfur turned into a clear
humanitarian emergency, no attempt was made to
stop the disaster at an early stage. The UN Security
Council, for example, only began debating the most
appropriate international response in mid-2004,
when the worst atrocities against civilians had
already been committed. The international
community should have learned from the previous
humanitarian crises. In Rwanda for instance,
because of ignoring the early warning, within three
months 800.000 people died.
This R2P is actually construed in order to
prevent the same tragedy to happen; therefore it
emphasizes more on prevention rather than reaction.
However, it failed to be implemented in Darfur. As
senior of UN official bitterly said that “the
international community is keeping people alive
with our humanitarian assistance until they are
massacred”. The slow response has allowed the
crisis to grow, and a larger crisis requires stronger,
more intrusive, intervention.
Moreover, prevention in the R2P document also
includes tackling the root cause of the crisis. In
Darfur, the root cause is injustice. However, the
international community did not do anything to
solve the very root cause of the problem. The
international community focused only on logistics
and financial assistance. Darfur did not only need
food and shelter but more than that, it needs
protectors and saviors which can protect them from
crime and injustice conducted by its own
government. That is the reason why JEM and the
SLA intentionally continue to wage war against the
government despite the loss of many lives because
those groups believe that the international
community will come to rescue them and help to
solve the injustice problem. However, the
international community was preoccupied with the
debate of whether they should intervene or not. If
the R2P is truly believed as a norm, that debate
The Failure of International Community to Implement Responsibility to Protect in Darfur
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should not happen, because it is clear that Darfur has
fulfilled the requirements for intervening.
Those imply that the international community
was reluctant to implement the R2P
comprehensively in practice. They failed to fulfill
the most fundamental aspect of the R2P namely
prevention. This reluctance was also obvious from
the number of authorized-personnel who was sent to
Darfur. Compared to other humanitarian cases, the
number of international personnel in Darfur is very
small. In Croatia, Bosnia, and Herzegovina crisis
there were 38,599 personnel deployed, in Sierra
Leone there were 17.500 personnel, in Democratic
Republic of Congo crisis there were 16,700 troops,
in Somalia crisis there were 28,000 personnel, while
in Darfur only 300 troops involved in 2004 and
gradually increased to 7000 (Grono, 2006).
In fact, Darfur is the worse humanitarian crisis in
the era which needed more skilled personnel in the
field. As Lieutenant General RoméoDallaire, the
commander of UN forces in Rwanda in 1994 has
estimated that 44,000 troops are required to bring
peace to Darfur. However, it did not take place in
Darfur.
Moreover, the UN resolutions were also not firm.
Resolution 1547, for instance, is merely a
persuasion. Persuasion was not the proper decision
because the level of violence has been very
alarming. Resolution 1556 also did not give a
significant output. Although China and Russia
assumed this resolution is too hard for Sudan,
actually this resolution did not go far enough. That
resolution failed to ensure the appalling human
rights situation, and it abandoned people of Darfur
and an abdication of the Security Council's role as
human rights enforcing agent. The UN Security
Council failed to put concerted pressure on the
Sudanese government to allow humanitarian access;
and failed to make the government take its
responsibilities seriously for protecting the people of
Darfur and for complying with its ceasefire
commitments and legal obligations.
The R2P concept also suggests that protecting
people is a paramount obligation. Therefore no other
norms could stop this obligation to be performed.
However, in fact, Darfur clearly portrays that every
country still positioned national interest as the
highest concern as well as become a measure of
whether to intervene or not. National interests still
de facto become the main concern of every state.
This is the main obstacle to implementing this norm.
When the R2P is in line with the national interest,
the international community will respond quickly
even without clear evidence such as in Iraq case.
Otherwise, when the moral obligation is not in line
with national interest, the international community
will be reluctant to involve, and this is what
happened in Darfur.
Based on national interest calculation, the Sudan
Government is far more important than Darfur for
every member of the Security Council. For the
United States, Sudan is a strategic ally in the war on
terror. Sudan is the country where Osama bin Laden
hid before moving to Afghanistan. The US assumed
that Sudan could be one of the important sources of
intelligence to destroy terrorist's network. Therefore,
in 2005, the US flew the Sudanese chief of
intelligence and one of the architects of the Darfur
atrocities, out of Virginia to meet with the CIA
(Grono, 2006). By pressing the Sudan government,
the U.S will lose the important information that it
could get from Sudan.
For China and Russia, Sudan is important
because Sudan purchased the weapon from those
two countries. There was a big wariness of China
and Russia if the intervention is conducted, there
would be an economic instability in Sudan which
eventually will affect Sudan's ability to pay its debt
to China and Russia, as well as decreasing Sudan's
purchasing power toward China and Russia
weaponry products. Moreover, China and Russia
were also suspicious that their involvement in Darfur
would drag international attention to violence
committed by Russia in Chechnya and China in
Xinjiang and Tibet. Therefore, getting involved in
the Darfur case was not a good choice for their
national interests.
For the international community in general,
Sudan is important because of its oil production.
Sudan oil production started since the 1950s. It has 1
percent of total world oil reserves. Although it's not
a huge number, it's crucial in the mid of international
effort to find alternative oil sources. Therefore,
many countries have invested and run oil production
in Sudan. There are six oil production blocks in
Sudan. The first and second block belongs to
Canada, China, and Malaysia, the third block is
owned by China and Qatar, the fourth block belongs
to GNPOC, the fifth block is for French, Sweden,
Austria and Sudan and the last block mastered by
China. Therefore, if the intervention is carried out,
Sudan would nationalize those oil productions or
stop cooperating with foreign companies which will
have an impact on oil price and disadvantage those
who own oil production companies.
The clash between national interest and moral
obligation has resulted in the inability to respond
Darfur case properly. To cover this reluctance, the
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international community tries to use several reasons.
The first reason is the issue of sovereignty.
Sovereignty is always used as the bastion for not
taking firm action in Darfur. However, if
sovereignty really matters, why sovereignty has not
become the major impediment to council mandated
armed intervention to prevent gross violence of
human rights? It also did not stop the Security
Council from authorizing intervention in Northern
Iraq, Bosnia, Haiti or Somalia.
The second reason is the Comprehensive Peace
Agreement (CPA) between the central government
and the Sudan Liberation Movement (SLMA). Many
people worry that by involving in Darfur, the peace
process between North (central government) and
South (SLMA) would fail. True, civil war between
North and South is the longest war ever happened in
Africa and has killed millions of people. However,
the reason to prioritize CPA over Darfur is not really
reasonable. International community argues that by
resolving North and South conflict, it will be easier
to solve Darfur (William and Ballemy, 2005, p. 38).
The peace agreement between north and south will
become prototype to create peace between the Sudan
and Darfur.
However, this is misguided and unnecessary and
had predictable, deadly, consequences for Darfur.
The international community has downplayed the
fact that the process remains based on a simplified
north-south dichotomy that assumes the SPLM/A
speak for all southerners and does not accurately
reflect the complex reality of political forces in
Sudan. A more holistic approach to the problems of
Sudan was possible, preferable, and would have
provided a more secure basis for building a
sustainable country-wide peace.
The international community could have pushed
harder on Darfur without risking the CPA
negotiations. A more holistic approach would not
have prevented the signing of the CPA (it may have
delayed it by a few months, but as the North-South
peace had already been established, this would have
been at no great practical cost, and it would certainly
have prevented the crisis in Darfur getting as bad as
it did. In the simple terms of balancing likely costs
and benefits, prioritizing the CPA was misguided.A
more holistic approach was possible, and, in terms
of likely impact, was preferable.
Moreover, the promotion of "African solution for
African problems" could also be seen as a strategy to
tolerate the international community's reluctance
from involving directly in Darfur. Actually, if the
African Union (AU) has the required-capabilities
(material, finance, mandate, and skilled-personnel),
the international community could leave the problem
to African Union. However, in fact, AU lacks those
fundamental capabilities. Moreover, Sudan is
surrounded by Chad, Central African Republic,
Republic of Congo, Niger, Ethiopia, which are
included as the poorest countries in the world.
Rather than helping Sudan, they barely help
themselves. The international community was aware
of the problem, but it kept relying on AU without
initiating to involve directly in the field. This
attitude leaves the R2P to become an inconsistent
concept. There is still a distinction between "our"
problem and "their" problem. This principle is
certainly not in accordance with the spirit of the
R2P.
Again, if we look back to the R2P concept,
national interest should not become an obstacle for
the application of R2P. It is not merely a right to
intervene but obligation to protect. Therefore it
should be implemented although it does not
contribute to or maybe contradicts - the national
interest. This notion is absence in Darfur; every
party tends to play safely and distance themselves
from involving in a more serious way.
5 WHAT SHOULD BE DONE TO
MAKE IT APPLICABLE IN
THE FUTURE?
The experience of Darfur suggests that the R2P
concept has failed to be implemented in practice.
This is because the R2P has not yet become an
embedded-norm in international politics and the R2P
itself has substantial weaknesses. However, it does
mean that the R2P concept should be abandoned.
The R2P is the perfect mechanism to facilitate the
growing concern on human security issues. As Kofi
Annan argues that individu deserves freedom from
fear, freedom from want and live in dignity (Annan,
2005, p. 63-74).
International community has an obligation to
enforce the norm unless the problems will grow and
affect not only the country but also the neighboring
countries, the region and even the international
community. In the case of Darfur for instance, the
problem was not only a destabilized Sudan, but also
affecting neighboring countries such as Chad.
Millions of people have moved to Chad, while on
the other hand, Chad also face its own problems and
these refugees will add new burden for Chad.
Based on Darfur case, some options can be
applied in order to make it applicable in the future.
The Failure of International Community to Implement Responsibility to Protect in Darfur
1563
The first, there should be an independent institution
which replace the role of Security Council (SC) in
giving mandate. In Darfur case, the SC’s response is
devided based on their national interests, therefore it
cannot give proper responses. By establishing a new
independent institution, which comprised on experts
(like ICISS) not countries, it is more unlikely to mix
the moral obligation and national interest, because
those members do not represent certain state’s
interests. However, this institution should still under
the UN observation, because acting without UN-
authorization will be more open to abusement and
will be less responsive to humanitarian need.
However, if the Security Council still want to run
this task and refuse to establish new institution, so
there are two things should be done. First, there
should be punishment when international
community abandons this obligation. When we talk
about collective obligation it could be an obligation
of no one. One party counts on another and when
every party counts on each other, it is likely this
obligation will not be carried out. Therefore, there
should be a punishment when this obligation is
abandoned.
Again, R2P is not a choice, it is an obligation and
it is reasonable to put punishment when the
responsible parties abandon this obligation. This
punishment will control the states from abandoning
moral obligation due to any reason. In addition, the
R2P will have problem if the local government is
unwilling to open its country for international help.
This happened in Darfur. It was clear that the
government has committed violence both directly
and indirectly to the Darfurian, while on the other
hand, only by the government’s permission the
international community could get in to the country.
Rationally, the government will never let other
parties get involved because it did not want other
countries know what was happening in Darfur. This
is another weakness of the R2P. It does not have
mechanism to intervene if the local government does
not give permission. Therefore, the international
community should construct new mechanism to
respond this weakness as well as find strategies to
persuade the local government to accept the help
from outsiders.
5 CONCLUSION
The experience of Darfur clearly suggests that the
R2P is not yet implemented as how it should be in
practice. This is because international community
failed to respond the early warning that announced
by credible investigation agencies while responding
to the early warning is a crucial step in the R2P
concept. Moreover, the international community also
ignored the report from the International
Commission on Inquiry for Darfur, which explains
that mass killing had taken place. Darfur also
reflects that the R2P has not become the embedded-
norm in international politics because every country
particularly the P-5 (US, China, Russia, UK, and
France) still prioritize national interest more than
their moral obligation, while in fact, the R2P has
mandated them to take this responsibility.
However, the R2P is still an important norm,
particularly in the growing concern of human
security issues. After the end of the Cold War, civil
wars or asymmetrical wars between state and its
citizens take place in many countries such as in
Lybia, Syiria, Yamen, Myanmar and so on. The
R2P is the only mechanism as well as legal
justification for international community to save
people affected by mass killing and genocide.
Therefore, the R2P should be strengthened and
enforced so international community aware of its
moral and legal obligation. To make it more
applicable in the future, there should be somekind
like punishment when international community
ignores this obligation, or there should be an
institution that runs this task other than UN Security
Councl in order to distance or prevent the clash
between moral obligation and national interest
which by far make the R2P difficult to apply in
practice.
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