Responsibility to Protect or Trojan Horse? The Crisis in Darfur and Humanitarian Intervention after Iraq

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              Responsibility to Protect or Trojan
              Horse? The Crisis in Darfur and
              Humanitarian Intervention after Iraq
                Alex J. Bellamy*

              T
                      he world’s failure to prevent or halt      unanimous vote by the U.S. Congress in July
                      the Rwandan genocide was described         2004, Colin Powell took the unprecedented
                      as a “sin of omission” by UN secre-        step of labeling the violence “genocide.”
              tary-general Kofi Annan.1 British prime min-
              ister Tony Blair promised that “if Rwanda          *
                                                                   I would like to thank Paige Arthur, Mark Beeson, Ian
              happens again we would not walk away as the        Clark, Nicholas J. Wheeler, Paul D. Williams, Ramesh
              outside has done many times before,” and           Thakur, the two anonymous reviewers, and especially
                                                                 Sara Davies for their help and advice on this article.
              insisted that international society had a          1
                                                                   “UN Chief ’s Rwanda Genocide Regret,” BBC News
              “moral duty” to provide military and               World Edition, March 26, 2004; available at news.
              humanitarian assistance to Africa whenever         bbc.co.uk/2/hi/africa/3573229.stm.
                                                                 2
              it was needed.2 The United States labeled as         Tony Blair, speech given to the Labour Party Confer-
                                                                 ence, Brighton, U.K., October 2, 2001. I am grateful to
              “rogues” states that “brutalize their own peo-     Nick Wheeler for bringing this to my attention.
                                                                 3
              ple and squander their natural resources for         “The National Security Strategy of the United States of
              the personal gain of their rulers.”3 Since 2003,   America” (September 2002), sec. V; available at www.
                                                                 whitehouse.gov/nsc/nss.pdf.
              the Sudanese government and its notorious          4
                                                                   According to Alex de Waal, the government of Sudan
              Janjaweed militia have conducted a brutal          has “consistently franchised its counter-insurgency
              campaign of mass killing and ethnic cleans-        operations to militia,” in this case the Janjaweed. The
                                                                 government provides the militia with arms, intelli-
              ing in response to an uprising by the
                                                                 gence, and air support and allows them to operate with
              Sudanese Liberation Army (SLA) and the             complete impunity, creating an “ethics-free zone.” Alex
              Justice and Equality Movement, who have            de Waal, “Briefing: Darfur, Sudan: Prospects for Peace,”
              themselves attacked civilians in the Darfur        African Affairs 104, no. 414 (2005), p. 129.
                                                                 5
                                                                   These figures were offered in a detailed study by Jan
              region, though on a much smaller scale.4           Coebergh, “Sudan: Genocide Has Killed More Than the
              Recent surveys place the number of deaths          Tsunami,” Parliamentary Brief 9, no. 7 (2005), pp. 5–6.
              caused by direct violence between 73,700 and       The lower figure is extrapolated from an MSF survey
                                                                 and the upper one from a U.S. State Department report.
              172,154.5 Deaths from malnutrition and pre-        6
                                                                    Ibid. These figures are extrapolated from data pro-
              ventable disease in internally displaced per-      vided by USAID and the World Health Organization.
                                                                 7
              sons camps stood at 108,588 in January 2005,          House of Commons International Development
                                                                 Committee, Darfur, Sudan: The Responsibility to Protect,
              with approximately 25,000 more having died
                                                                 fifth report of session 2004–05, vol. 1 (HC 67-1), March
              in inaccessible regions.6 The British Parlia-      30, 2005, p. 3; available at www.publications.parlia
              ment’s International Development Commit-           ment.uk/pa/cm200405/cmselect/cmintdev/67/67i.pdf.
                                                                 8
              tee put the total casualty figure at around           UN News Centre, “UN Refugee Agency Withdraws
                                                                 Staff from South Darfur Over Sudanese Restrictions,”
              300,000.7 At least 1.8 million more had been       New York, November 11, 2004; available at www.un.org/
              forced to flee their homes.8 Following a           apps/news/story.asp?NewsID=12510.

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                 Despite professed commitments to pre-            armed responses to “supreme humanitarian
              vent future man-made humanitarian catas-            emergencies”?12 My response proceeds in
              trophes, the world’s response to the Darfur         two parts. The first provides a brief overview
              crisis has been muted. At the time of writing,      of the norm of humanitarian intervention,
              a small, underfunded and understaffed               focusing on The Responsibility to Protect and
              African Union mission (AMIS) is deployed            on debates about the impact of the “war on
              in Darfur. Although it has a mandated size of       terror” and the war in Iraq on it. The second
              approximately 3,300, there are fewer than           offers a detailed study of the international
              1,500 AMIS peacekeepers on the ground.              response to Darfur.
              The force has proven unable to halt sporadic           I argue that the situation in Darfur
              escalations of violence or prevent the              reveals two subtle changes to the humani-
              humanitarian situation from deteriorating.9         tarian intervention norm. First, although
              The UN Security Council has taken an                the level of consensus about humanitarian
              ambivalent position. On the one hand, it has        intervention has not perceptively shifted,
              to date failed to impose serious sanctions on       the debates on Darfur lend credence to the
              Sudanese officials and has not contemplated         thesis that the Iraq war has undermined
              using force to protect civilians or humani-         the standing of the United States and the
              tarian aid. On the other hand, while it has         U.K. as norm carriers. 13 According to
              yet to decide whether the UN Mission to             Martha Finnemore and Kathryn Sikkink,
              Sudan (UNMIS), created recently to sup-             new norms only replace old ones after a
              port, monitor, and verify the comprehensive         period of contestation between advocates
              peace agreement between the government              of the old and the new.14 If the credibility
              of Sudan and the Sudan People’s Liberation          of those most associated with the new
              Movement/Army (SPLM/A) in the south,
              will play an active role in Darfur, there is a
              distinct possibility that it could.10 Moreover,     9
                                                                     See Thalif Deen, “New UN Force for Sudan Will Skirt
              on March 31, 2005, the council took the             Darfur Crisis,” Inter Press Service, February 9, 2005;
              momentous step of referring the Darfur case         available at globalpolicy.igc.org/security/issues/sudan/
                                                                  2005/0208unskirts.htm. It is widely recognized that
              to the International Criminal Court (ICC).11
                                                                  after an initial respite, the humanitarian situation has
                 This article explores what international         actually deteriorated despite AMIS.
                                                                  10
              engagement with Darfur tells us about the               UNSC Res. 1590 (March 24, 2005).
                                                                  11
              norm of humanitarian intervention since                UNSC Res. 1593 (March 31, 2005). Passed with eleven
                                                                  in favor and four abstentions (Algeria, Brazil, China,
              the 2003 war in Iraq. Do states and regional        and the United States).
                                                                  12
              organizations recognize that they have a                This is Wheeler’s term. Nicholas J. Wheeler, Saving
              “responsibility to protect” civilians at risk, as   Strangers: Humanitarian Intervention in International
                                                                  Society (Oxford: Oxford University Press, 2001), p. 34.
              the International Commission on Interven-           13
                                                                     See also Nicholas J. Wheeler and Justin Morris, “Justi-
              tion and State Sovereignty (ICISS) argued?          fying Iraq as a Humanitarian Intervention: The Cure Is
              Or is humanitarian intervention perceived           Worse Than the Disease,” in W. P. S. Sidhu and Ramesh
                                                                  Thakur, eds., The Iraq Crisis and World Order: Structural
              as a “Trojan horse” used by the powerful to
                                                                  and Normative Challenges (Tokyo: United Nations Uni-
              legitimize their interference in the affairs of     versity Press, forthcoming). I owe the “norm carriers”
              the weak? I examine whether the Iraq war            idea to them.
                                                                  14
              has shifted the balance between these two               A process they describe as “norm cascade.” See
                                                                  Martha Finnemore and Kathryn Sikkink, “Interna-
              positions, posing the question: Is there more       tional Norm Dynamics and Political Change,” Interna-
              or less likelihood of global consensus on           tional Organization 52, no. 4 (1998), pp. 887–918.

              32                                                                                          Alex J. Bellamy
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              norm is undermined by perceptions that          more compelling when the absence of
              they have abused it or raised it for prima-     plausible arguments against intervention is
              rily self-serving purposes, the process of      set against the global consensus that hor-
              normative change is likely to be slowed or      rors such as the Rwandan genocide should
              reversed. 15 Traditional advocates of the       not have been permitted.16 In the Darfur
              new norm will find that their arguments         case, as I will show, “responsibility to pro-
              have less resonance among skeptics. The         tect” language has now enabled anti-
              problem is compounded by military over-         interventionists to legitimize arguments
              stretch on the part of key advocates of         against action by claiming that primary
              humanitarian intervention, in particular        responsibility in certain contested cases
              the United States and the U.K. In short, it     still lies with the state, and not (yet) with an
              has become harder for these states to per-      international body. Given the credibility
              suade others to act decisively in humanitar-    crisis confronting some of the leading
              ian emergencies at precisely the moment         advocates of humanitarian intervention,
              when those states themselves are less able to   there is a real danger that appeals to a
              bear the costs of acting outside the world’s    responsibility to protect will evaporate
              institutional framework. From the Ameri-        amid disputes about where that responsi-
              can and British perspectives there is no fea-   bility lies.
              sible alternative to collective action
              through the UN or AU in addressing the          THE NORM OF
              situation in Darfur, but they have been         HUMANITARIAN INTERVENTION
              unable to build consensus about collective
              action at least in part, I would suggest,       It is widely accepted that the Security Coun-
              because of their diminished credibility as      cil has a legal right to authorize humanitar-
              norm carriers.                                  ian intervention under Chapter VII of the
                 Second, the Darfur debates have been         UN Charter.17 There is also a partial con-
              deeply infused with the language of a           sensus among some liberal states that there
              “responsibility to protect.” The meaning of
              that language, however, has been hotly con-
              tested. Changing the language of the inter-     15
                                                                 Ward Thomas, for instance, argues that a new norm’s
              vention debate has done little to forge         vitality depends on its advocates being seen to practice
              consensus or overcome the struggle              it in good faith. Ward Thomas, The Ethics of Destruction:
                                                              Norms and Force in International Relations (Ithaca: Cor-
              between sovereignty and human rights. In        nell University Press, 2001), pp. 34–35.
                                                              16
              the debates I examine, “responsibility to           The idea of “acquiescence” to the West’s humanitar-
              protect” talk was used to oppose interna-       ian agenda is taken from Wheeler and Morris, “Justify-
                                                              ing Iraq as a Humanitarian Intervention,” p. 15. My
              tional activism as much as to support it. If    argument draws on Quentin Skinner,“Analysis of Polit-
              we accept Quentin Skinner’s argument that       ical Thought and Action,” in James Tully, ed., Meaning
              actors will not act in ways that they cannot    and Context: Quentin Skinner and His Critics (Cam-
                                                              bridge: Polity Press, 1988), pp. 116–17. I am grateful to
              justify by reference to the prevailing nor-
                                                              Nick Wheeler for suggesting this.
              mative context, it could be claimed that the    17
                                                                 Nicholas J. Wheeler, “The Humanitarian Responsibil-
              brief period of acquiescence to humanitar-      ities of Sovereignty: Explaining the Development of a
              ian interventions in the 1990s was at least     New Norm of Military Intervention for Humanitarian
                                                              Purposes in International Society,” in Jennifer M. Welsh,
              partly due to the absence of plausible argu-    ed., Humanitarian Intervention and International Rela-
              ments against them. This claim is made          tions (Oxford: Oxford University Press, 2004), pp. 32–41.

              responsibility to protect or trojan horse?                                                            33
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              is a moral right to intervene without coun-       but legitimate,” meaning that while it did
              cil authorization in extreme cases.18 It is       not satisfy international society’s legal rules,
              highly unlikely that the Security Council         it was “sanctioned by its compelling moral
              would have objected had others used force         purpose.”22 This finding implies a degree of
              to halt the 1994 Rwandan genocide.19              consensus around the idea that states have a
              Throughout the Security Council’s deliber-        moral right to intervene to save strangers in
              ations about Rwanda, no state publicly            supreme humanitarian emergencies. A
              argued that either the ban on force (Article      Russian draft Security Council resolution
              2(4)) or the nonintervention rule (Article        condemning the intervention was rejected
              2(7)) ought to prohibit armed action to halt      by twelve votes to three (Russia, China, and
              the bloodshed.20 Moreover, as Simon               Namibia).23 While the failure of the Russian
              Chesterman has argued, there is little evi-       draft did not constitute retrospective
              dence to suggest that sovereignty concerns        authorization, it does add credence to the
              inhibit states from saving strangers when         idea that there is a moral consensus among
              they have the means and desire to do so.21        liberal states and some others about the
              Throughout the 1990s, the Security Council        right of intervention in supreme humani-
              expanded its interpretation of “interna-          tarian emergencies.24 The claim that the
              tional peace and security,” authorizing inter-
              ventions to protect civilians in so-called safe   18
                                                                   The debates among liberal states about whether to
              areas (Bosnia), maintain law and order, pro-      intervene in Kosovo provide the best demonstration of
              tect aid supplies (Somalia), and restore an       this moral consensus. See Alex J. Bellamy, Kosovo and
              elected government toppled by a coup              International Society (London: Palgrave Macmillan,
                                                                2002). The best theoretical expression of this liberal
              (Haiti). However, two questions remain            consensus can be found in Michael Walzer, “The Poli-
              hotly contested: First, who has the authority     tics of Rescue,” in Arguing about War (New Haven: Yale
              to sanction humanitarian intervention             University Press, 2004), pp. 67–81.
                                                                19
                                                                   It is important to note, however, that five states
              when the Security Council is blocked by the       abstained when France requested a Security Council
              veto? Second, when should a humanitarian          mandate to launch Operation Turquoise in Rwanda,
              crisis trigger potential armed intervention? I    most citing concerns about France’s motives. See
                                                                Wheeler, Saving Strangers, p. 232.
              argue in the following sections that              20
                                                                   See Michael Barnett, Eyewitness to a Genocide: The
              although a partial consensus on these ques-       United Nations and Rwanda (Ithaca: Cornell University
              tions was established during the 1990s, there     Press, 2002); and Wheeler, Saving Strangers, pp. 231–41.
                                                                21
              is now deep division about how to interpret          Simon Chesterman, Just War or Just Peace? Humani-
                                                                tarian Intervention and International Law (Oxford:
              the effects of the “war on terror” and the        Oxford University Press, 2001), p. 231.
                                                                22
              invasion of Iraq on that consensus.                  Independent International Commission on Kosovo,
                                                                Kosovo Report: Conflict, International Response, Lessons
                                                                Learned (Oxford: Oxford University Press, 2000), p. 4;
              The Partial Consensus on                          and Ian Clark, Legitimacy in International Society
              Humanitarian Intervention                         (Oxford: Oxford University Press, 2005), p. 212.
                                                                23
              As mentioned earlier, in the past few years          It is remarkable that even traditionally conservative
                                                                states such as Malaysia chose to side with NATO rather
              many liberal states have begun to accept the
                                                                than to abstain. UNSC 3989th meeting, S/PV.3989,
              proposition that intervention not author-         March 26, 1999; available at www.un.org/Depts/dhl/
              ized by the Security Council could be legiti-     resguide/scact1999.htm.
                                                                24
              mate. NATO’s intervention in Kosovo was a            Nicholas J. Wheeler, “The Legality of NATO’s Inter-
                                                                vention in Kosovo,” in Ken Booth, ed., The Kosovo
              watershed in this regard. A commission of         Tragedy: The Human Rights Dimensions (London:
              experts found the intervention to be “illegal     Frank Cass, 2001), p. 156.

              34                                                                                       Alex J. Bellamy
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              consensus extended beyond Western liberal         problem from the victim’s point of view. It
              states in the Kosovo case is further demon-       insisted that the primary responsibility to
              strated by the Organization of the Islamic        protect civilians lay with the host state and
              Conference’s support for the intervention,        that outside intervention could only be con-
              which was communicated to the Security            templated if the host state proved either
              Council in a letter stating, “A decisive inter-   unwilling or unable to fulfill its responsibil-
              national action was necessary to prevent          ities.31
              humanitarian catastrophe and further vio-            On the question of when to intervene, the
              lations of human rights” in Kosovo.25 This is     ICISS adopted the commonly held view that
              a partial consensus, however, because many,       intervention should be limited to “extreme”
              if not most, of the world’s states do not sub-    cases—in other words, Wheeler’s “supreme
              scribe to the view that in exceptional cir-       humanitarian emergencies” and Tom Farer’s
              cumstances unauthorized intervention may          “spikes.”32 Outside intervention, it argued,
              be legitimate. In addition to the well-           was warranted in cases in which there was
              recorded hostility of Russia, China, and          large-scale loss of life or ethnic cleansing,
              India, the Non-Aligned Movement                   whether deliberately caused by the state or
              responded to Kosovo by declaring its rejec-       facilitated by neglect or incapacity. The
              tion of “the so-called right of humanitarian      question of authority proved thornier. The
              intervention, which has no legal basis.”26
                 Further evidence of a developing moral
                                                                25
              consensus about humanitarian intervention            S/1999/363, March 31, 1999, annex.
                                                                26
              in supreme humanitarian emergencies has              See Final Document of the XIII Ministerial Conference
                                                                of the Movement of Non-Aligned Countries (Cartagena,
              emerged since Kosovo. Article 4(h) of the         Colombia, April 8–9, 2000), pp. 41–42; available at
              AU’s Constitutive Act, signed on July 11,         www.nam.gov.za/xiiiminconf/index.html. It should be
              2000, awarded the new organization “the           noted that the Non-Aligned Movement itself did not
                                                                achieve a consensus on this position.
              right . . . to intervene in a Member State pur-   27
                                                                    Constitutive Act of the African Union; available at
              suant to a decision by the Assembly in            www.africa-union.org/About_AU/AbConstitutive
              respect of grave circumstances, namely: war       _Act.htm.
                                                                28
                                                                    Kofi Annan, speech given to the Nobel Foundation,
              crimes, genocide and crimes against
                                                                Oslo, Norway, December 10, 2001; available at
              humanity.”27 And in 2001, Kofi Annan used         www.nobel.se/peace/laureates/2001/annanlecture.html.
                                                                29
              his Nobel lecture to argue, “The sovereignty          Most of the unauthorized interventions were con-
              of states must no longer be used as a shield      ducted with host nation consent, sometimes coerced.
                                                                For a definitive list of these operations (up to February
              for gross violations of human rights.”28 In       2005), see tables 1 and 2 in Alex J. Bellamy and Paul D.
              the same period there were myriad author-         Williams, “Who’s Keeping the Peace? Regionalization
              ized and unauthorized interventions.29            and Contemporary Peace Operations,” International
                                                                Security 29, no. 4 (2005), pp. 35–36.
                 In 2001, the Canadian government gave          30
                                                                    Gareth Evans and Mohamed Sahnoun, “Foreword,”
              the high-profile ICISS the task of establish-     in International Commission on Intervention and State
              ing common ground on the question of              Sovereignty, The Responsibility to Protect (Ottawa:
                                                                IDRC, 2001), p. viii.
              humanitarian intervention.30 The ICISS            31
                                                                   ICISS, The Responsibility to Protect, p. 17.
              recommended replacing the atavistic termi-        32
                                                                   “Supreme humanitarian emergencies” and “spikes”
              nology of humanitarian intervention (sov-         refer to the idea that mass killing is either ongoing or
              ereignty vs. human rights) with the new           imminent at the time of the intervention. See Wheeler,
                                                                Saving Strangers, p. 34; and Tom Farer, “Cosmopolitan
              language of the “responsibility to protect.” It   Humanitarian Intervention: A Five-Part Test,” Interna-
              called for an approach that looked at the         tional Relations 19, no. 2 (2005), pp. 216–17.

              responsibility to protect or trojan horse?                                                              35
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              ICISS proposed a three-layered distribution          of dissent. It was received most favorably by
              of responsibility. Primary responsibility lay        states, such as Canada, Japan, Germany, and
              with the host state. Secondary responsibility        (to a lesser extent) the U.K., that had, since
              lay with the domestic authorities working in         the intervention in Kosovo, been exploring
              partnership with outside agencies. If the pri-       the potential for developing criteria to guide
              mary and secondary levels failed to amelio-          global decision-making about humanitarian
              rate the humanitarian emergency, inter-              intervention.35 When the Security Council
              national organizations would assume re-              discussed the report at its annual informal
              sponsibility. At this third level of responsibil-    retreat in May 2002, almost all of the perma-
              ity, the ICISS accepted the view that primary        nent members expressed disquiet with the
              legal authority for action was vested in the         idea of formalizing criteria for intervention.
              Security Council. If the Security Council was        The United States rejected them on the
              deadlocked, it argued that potential inter-          grounds that it could not offer precommit-
              veners should approach the General Assem-            ments to engage its military forces where it
              bly under the Uniting for Peace mechanism            had no national interests, and that it would
              and, if that failed, work through regional           not bind itself to criteria that would restrain
              organizations. In an attempt to increase the         its right to decide when and where to use
              chances of consensus in the council, the             force.36 China had opposed the idea
              ICISS recommended that its permanent                 throughout the ICISS process, and while
              members commit themselves to a series of             Russia was generally supportive, it insisted
              criteria relating to the use of force in human-      that no action should be taken without Secu-
              itarian emergencies. It was suggested that           rity Council approval, a position that was
              states always seek Security Council authori-         unacceptable to the United States, the U.K.,
              zation before using force; that the council          and France.37 For their part, the U.K. and
              commit itself to dealing promptly with               France, two advocates of the ICISS principles
              humanitarian emergencies involving large-            among the Permanent Five, expressed con-
              scale loss of life; that the permanent mem-          cern that formulating criteria to govern
              bers should commit themselves to not                 humanitarian intervention would not pro-
              casting a veto to obstruct humanitarian              duce the missing ingredients of political will
              action unless their vital national interests are     and consensus.38
              involved; and that Security Council mem-
              bers should recognize that if they fail to ful-
              fill their responsibility to protect, other states
                                                                   33
              and organizations may take it upon them-                ICISS, The Responsibility to Protect, paras. 4.19, 6.11,
              selves to act.33 The commission insisted that        6.29–40, and pp. xii–xiii.
                                                                   34
                                                                      Ibid., p. xii.
              the question of military intervention should         35
                                                                      See Nicholas J. Wheeler, “Legitimating Humanitarian
              be placed firmly on the Security Council’s           Intervention: Principles and Procedures,” Melbourne
              agenda if two “just cause thresholds” (large-        Journal of International Law 2, no. 2 (2001), pp. 552–54.
                                                                   36
                                                                      Jennifer M. Welsh,“Conclusion: Humanitarian Inter-
              scale loss of life and ethnic cleansing) and
                                                                   vention after 11 September,” in Welsh, ed., Humanitar-
              four “precautionary principles” (right inten-        ian Intervention, p. 180.
                                                                   37
              tion, last resort, proportional means, and              Ian Williams, “Writing the Wrongs of Past Interven-
              reasonable prospects) were satisfied.34              tions: A Review of the International Commission on
                                                                   Intervention and State Sovereignty,” International Jour-
                  Reactions to the ICISS report were gener-        nal of Human Rights 6, no. 3 (2002), p. 103.
                                                                   38
              ally positive, though there were notable signs          Welsh, “Conclusion,” p. 204, n. 4.

              36                                                                                            Alex J. Bellamy
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                 The U.S. intervention in Afghanistan           strategic imperative to prevent terrorism
              seemed to support the idea of a partial           therefore entails a humanitarian imperative
              moral consensus on the importance of              to prevent state failure. As such, Western
              humanitarianism in war. The U.S. adminis-         states are potentially more likely to respond
              tration felt obliged to argue that Operation      decisively to humanitarian crises than they
              Enduring Freedom would improve human-             were prior to September 11.44 On the other
              itarian conditions inside Afghanistan, even       hand, the U.S. response to September 11,
              though it was widely recognized as a legiti-      especially the so-called Bush doctrine of
              mate act of self-defense.39 The 2003 invasion     preemption, has reduced the normative sig-
              of Iraq, however, proved much more prob-          nificance of sovereignty. This, Farer argues,
              lematic. In this case, the political leaders of   should lead us to expect more rather than
              all the major troop contributors (the United      fewer interventions.45 The post–September
              States, the U.K., and Australia) gave consid-
              erable weight to the humanitarian case for
                                                                39
              war in their public justifications, though the       See Colin McInnes, “A Different Kind of War? Sep-
                                                                tember 11 and the United States’ Afghan War,” Review of
              formal legal justification was based on the       International Studies 29, no. 2 (2003), pp. 165–84;
              enforcement of existing Security Council          Nicholas J. Wheeler, “Humanitarian Intervention after
              resolutions.40 Although the humanitarian          September 11, 2001,” in Anthony F. Lang, Jr., ed., Just
                                                                Intervention (Washington, D.C.: Georgetown Univer-
              argument received support in some quar-
                                                                sity Press, 2003), pp. 192–216; and Simon Chesterman,
              ters, it was widely rejected.41 Whereas in the    “Humanitarian Intervention and Afghanistan,” in
              Kosovo case NATO could point to a moral           Welsh, ed., Humanitarian Intervention, pp. 163–75.
                                                                40
              consensus among liberal states and some              See Adam Roberts, “Law and the Use of Force after
                                                                Iraq,” Survival 45, no. 2 (2003), p. 48.
              others about the need to act, there was a         41
                                                                   Michael Ignatieff, an ICISS commissioner, was an
              much smaller consensus in the Iraq case,          early supporter; see Ignatieff, “Why Are We in Iraq?
              with many liberal states (such as Canada,         (And Liberia? And Afghanistan?),” New York Times
                                                                Magazine, September 7, 2003, pp. 38ff. Kenneth Roth
              Germany, and France) opposing the war.            wrote one of the most detailed rejections in Ken Roth,
                                                                “War in Iraq: Not a Humanitarian Intervention,”
              The Effect of the “War on Terror” and             Human Rights Watch World Report 2004; available at
                                                                hrw.org/wr2k4/3.htm; see also David Vesel,“The Lonely
              the Invasion of Iraq                              Pragmatist: Humanitarian Intervention in an Imper-
              What impact has the so-called war on terror       fect World,” BYU Journal of Public Law 18, no. 1 (2004),
              and the invasion of Iraq had on the partial       p. 56. It is also worth noting that the humanitarian
              consensus on the norm of humanitarian             argument was not raised in the Security Council’s for-
                                                                mal proceedings.
              intervention? There are, broadly, three posi-     42
                                                                   This terminology is drawn from Nicholas J. Wheeler
              tions. The first group can be described as        and Alex J. Bellamy, “Humanitarian Intervention in
              “optimists.”42 This view accepts that states      World Politics,” in John Baylis and Steve Smith, eds.,
                                                                The Globalization of World Politics, 3rd ed. (Oxford:
              will only intervene in humanitarian emer-         Oxford University Press, 2005), p. 572.
              gencies when vital national interests are at      43
                                                                   I am grateful to Nick Wheeler for this formulation.
                                                                44
              stake; it makes a virtue of this, however, by         See Chesterman, “Humanitarian Intervention in
                                                                Afghanistan,” in Welsh, ed., Humanitarian Intervention;
              arguing that since September 11 interests and
                                                                and Wheeler, “Humanitarian Intervention after Sep-
              humanitarianism have merged for many              tember 11, 2001,” in Lang, Jr., ed., Just Intervention.
              Western states.43 Two factors contributed to      45
                                                                   Tom Farer, “Humanitarian Intervention before and
              this merger. On the one hand, Afghanistan         after 9/11: Legality and Legitimacy,” in J. L. Holzgrefe
                                                                and Robert O. Keohane, eds., Humanitarian Interven-
              demonstrates all too clearly the linkage          tion: Ethical, Legal, and Political Dilemmas (Cambridge:
              between terrorism and state failure. The          Cambridge University Press, 2003), p. 80.

              responsibility to protect or trojan horse?                                                             37
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              11 record does not fully support these            hoping was an emerging new norm justify-
              claims. For instance, the West’s contribution     ing intervention on the basis of the principle
              to UN peace operations remains paltry, the        of ‘responsibility to protect.’”50 This view is
              United States has not made a significant          widely held among critics: Ian Williams
              troop contribution to reconstruction efforts      argued that the Iraq war brought “humani-
              in Afghanistan, and it played only a mar-         tarian intervention into disrepute”; Richard
              ginal role in alleviating the crises in Liberia   Falk lamented that the war risked undermin-
              and Haiti.46                                      ing consensus at the UN; Karl Kaiser insisted
                 The second perspective, shared by some         that “Washington has lowered [consensus
              involved with the ICISS, is that the “sun has     on] the humanitarian intervention approach
              set” on the humanitarian intervention             to an unprecedented level”; John Kampfner
              agenda. This claim is arrived at from two         suggested that “there has been no better time
              directions. Thomas Weiss, the commission’s        for dictators to act with impunity”; and
              director of research, argued that the United      The Fund for Peace project collating regional
              States and the UN’s political will to act in      responses to humanitarian intervention
              humanitarian emergencies has “evapo-              found that in the one consultation conducted
              rated” because of their obsession with            immediately before the Iraq war, in Europe,
              Afghanistan, Iraq, and the war on terror.47       participants were reluctant to support
              This position is helpful inasmuch as it high-     humanitarian intervention for fear of tacit-
              lights the fact that the overstretched Amer-      ly legitimizing the invasion of Iraq.51 David
              ican and British militaries are unlikely to be
              used in frontline roles, and that strategic       46
                                                                   See Richard Bruneau, “Selfishness in Service of the
              considerations related to the “war on ter-        Common Good: Why States Participate in UN Peace-
              ror” are likely to trump humanitarian con-        keeping” (unpublished ms.), p. 3.
                                                                47
              cerns when the two collide. On the other              Thomas G. Weiss, “The Sunset of Humanitarian
                                                                Intervention? The Responsibility to Protect in a Unipo-
              hand, it overstates the extent of humanitar-      lar Era,” Security Dialogue 35, no. 2 (2004), p. 135; and
              ian interventionism prior to September 11.        James Traub, “Never Again, No Longer?” New York
              In the 1990s, the world failed to “save           Times, July 18, 2004, p. 12.
                                                                48
                                                                   See Wheeler, Saving Strangers, p. 295.
              strangers” in the Balkans, Rwanda, and else-      49
                                                                   A point developed in Paul D. Williams and Alex J.
              where, and the legitimacy of humanitarian         Bellamy, “The Responsibility to Protect and the Crisis
              intervention remained hotly contested.48          in Darfur,” Security Dialogue 36, no. 1 (2005), p. 41.
                                                                50
              Indeed, the Security Council has yet to              Gareth Evans, “When Is It Right to Fight?” Survival
                                                                46, no. 3 (2004), pp. 59–82.
              authorize humanitarian intervention               51
                                                                   Respectively, Ian Williams, “Intervene with Caution,”
              against a fully functioning state without the     In These Times, July 28, 2003, p. 7; Richard Falk,
              latter’s consent.49                               “Humanitarian Intervention: A Forum,” Nation, July
                                                                14, 2003, available at www.thenation.com/doc. mhtml8i
                 The second way of arriving at the conclu-      =2003071485=forum; Karl Kaiser,“A European Perspec-
              sion that the “sun has set” on humanitarian       tive on the Post Iraq New International Order,” paper
              intervention suggests that the use of human-      presented at the Center for Strategic and International
                                                                Studies, Jakarta, Indonesia, July 29, 2003; available at
              itarian justifications to defend the invasion
                                                                www.csis.or.id/events_past_view.asp?id=5&tab=0;
              of Iraq was widely perceived as “abuse.”          John Kampfner interviewed by Tim Dunne, available at
              ICISS cochair Gareth Evans argued that the        www.ex.ac.uk/shipss/news/kampfner.htm; and The
              “poorly and inconsistently” argued human-         Fund for Peace, Neighbors on Alert: Regional Views on
                                                                Humanitarian Intervention, Summary Report of the
              itarian justification for the war in Iraq         Regional Responses to Internal War Program, October
              “almost choked at birth what many were            2003, p. 6.

              38                                                                                       Alex J. Bellamy
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              Clark, a former special advisor to the          tance to support humanitarian interven-
              British Foreign Office, argued that “Iraq       tion per se. Sudan may have adopted its
              has wrecked our case for humanitarian           strategy regardless of events in Iraq, while
              wars. As long as U.S. power remains in the      Germany’s position was directed more
              hands of the Republican right, it will be       against the potential uses of criteria for
              impossible to build a consensus on the          intervention than against the idea of
              left behind the idea that it can be a power     humanitarian intervention itself.
              for good. Those who continue to insist             A subtle variation on this theme holds
              that it can, risk discrediting the concept of   that while the Iraq war has not directly
              humanitarian intervention.” 52 The key          affected the norm of humanitarian inter-
              question, however, is whether states share      vention, it has impacted negatively on the
              this view.                                      ability of the United States and its allies to
                 The answer to this is difficult to gauge     act as norm carriers. According to one
              precisely. Of course, as noted earlier,         analyst, the U.S. administration sacrificed
              many states opposed the ICISS agenda            its international credibility over Iraq and
              before Iraq. There is evidence, however,        is therefore not well placed to lead in Dar-
              that some states that were initially sup-       fur and elsewhere.55 Similarly, at least one
              portive of humanitarian intervention            article in the British press suggested that
              have become less so as a result of per-         were Prime Minister Blair to advocate
              ceived abuse in the Iraq case. Immediately      intervention in the Sudan, “oil [would] be
              after the Iraq war, a forum of social-          the driving factor.” 56 Such skepticism is
              democratic political leaders rejected sec-      what led Kenneth Roth of Human Rights
              tions of a draft communiqué proposed by         Watch to predict that one of the most
              Prime Minister Blair supporting the idea        troubling consequences of the attempts to
              that the “responsibility to protect” ought      justify the Iraq war in humanitarian terms
              to override sovereignty in supreme              was that “it will be more difficult next
              humanitarian emergencies. At least one of
              these states, Germany, had previously           52
                                                                  David Clark, “Iraq Has Wrecked Our Case for
              supported the ICISS agenda. German
                                                              Humanitarian Wars,” Guardian, August 12, 2003, p. 16;
              chancellor Gerhard Schroeder reportedly         available at www.guardian.co.uk/comment/story/
              rejected the communiqué because he              0,,1016573,00.html.
                                                              53
              feared that any doctrine of unauthorized            See Agence France-Presse, “British PM Urges
                                                              Tougher Stance against Brutal Regimes,” July 14, 2003;
              humanitarian intervention would be used         and Kevin Ward, “Process Needed so Countries Know
              by the United States and the U.K. to jus-       When to Intervene to Protect Human Rights,” CBS
              tify the Iraq war.53 There is also clear evi-   News (Canada), July 13, 2003; available at www.global
                                                              policy.org/empire/humanint/2003/0713canada.htm.
              dence that in the Darfur case the               54
                                                                  Cheryl O. Igiri and Princeton N. Lyman, “Giving
              Sudanese government linked American             Meaning to ‘Never Again’: Seeking an Effective
              activism in Darfur with its actions in Iraq,    Response to the Crisis in Darfur and Beyond,” CSR no.
                                                              5 (Council on Foreign Relations, New York, N.Y., Sep-
              portraying it both as oil-oriented and
                                                              tember 2004), p. 21.
              anti-Islamic, and that this strategy helped     55
                                                                 Scott Straus, “Darfur and the Genocide Debate,” For-
              to reinforce African and Middle Eastern         eign Affairs 84, no. 1 (2005), p. 128.
                                                              56
              hostility to the idea of Western enforce-          John Laughland,“The Mask of Altruism Disguising a
                                                              Colonial War,” Guardian, August 2, 2004; available at
              ment. 54 Importantly, neither of these          www.guardian.co.uk/comment/story/0,3604,1273982,0
              cases clearly indicates an increased reluc-     0.html.

              responsibility to protect or trojan horse?                                                          39
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              time for us to call on military action          INITIAL ENGAGEMENT TO THE
              when we need it to save potentially hun-        DEPLOYMENT OF AMIS
              dreds of thousands of lives.” 57
                 A third perspective suggests that the        For much of 2003, the international
              ICISS criteria for intervention should be       response to the Darfur crisis was limited
              viewed as constraints that will limit states’   to the delivery of humanitarian aid. The
              ability to abuse humanitarian justifica-        main political effort during this period
              tions rather than as enablers for interven-     focused on the Naivasha process aimed at
              tion. Ramesh Thakur, another ICISS              resolving the civil war between the
              commissioner, argues that the moral con-        Sudanese government and the SPLM/A.
              sensus about the “responsibility to pro-        In early 2004, Mukesh Kapila, the UN’s
              tect” is likely to be strengthened in the       coordinator for Sudan, accused Arab
              wake of Iraq as states come to realize that     militia backed by the government of “eth-
              it provides a language that can be used to      nic cleansing” and warned that if left
              oppose legitimate intervention. Accord-         unchecked the humanitarian catastrophe
              ing to Thakur, consensus on criteria will       in Darfur would be comparable to that in
              make it more, not less, difficult for states    Rwanda.59 Secretary-General Annan used
              to claim a humanitarian mantle for their        a Rwandan anniversary speech to the UN
              interventions.58                                Human Rights Commission to observe
                 The impact of the “war on terror” and        that unfolding events in Darfur “leave me
              the war in Iraq on the norm of humani-          with a deep sense of foreboding.” He con-
              tarian intervention is therefore hotly con-     tinued:
              tested. There is certainly evidence that
              prior to the war in Iraq there was a gen-            Whatever term it uses to describe the situa-
              eral consensus about the necessity of                tion, the international community cannot
                                                                   stand idle. . . .The international community
              intervention in supreme humanitarian
                                                                   must be prepared to take swift and appro-
              emergencies when authorized by the                   priate action. By “action” in such situations
              Security Council, and a consensus among              I mean a continuum of steps, which may
              some liberal states that unauthorized                include military action.60
              intervention may be legitimate if the
              council is deadlocked. However, there are
              at least three plausible explanations for       57
                                                                 Kenneth Roth, “The War in Iraq: Justified as Human-
              the direction the norm has taken since the      itarian Intervention?” Kroc Institute Occasional Paper
              Iraq war. As I will demonstrate in the          No. 25 (The Joan B. Kroc Institute, Notre Dame, Ind.,
              remainder of the article, the Darfur case       2004), pp. 2–3.
                                                              58
                                                                 Ramesh Thakur, “Iraq and the Responsibility to Pro-
              lends support to the idea that the human-       tect,” Behind the Headlines 62, no. 1 (2004), pp. 1–16; and
              itarian intervention norm has subtly            Ramesh Thakur, “Developing Countries and the Inter-
              changed in two ways. First, the credibility     vention-Sovereignty Debate,” in Richard M. Price and
                                                              Mark W. Zacher, eds., The United Nations and Global
              of the United States and the U.K. as norm
                                                              Security (New York: Palgrave Macmillan, 2004), pp.
              carriers has diminished. Second, “respon-       194–208.
                                                              59
              sibility to protect” language can be mobi-         Cited in “Mass Rape Atrocity in West Sudan,” BBC
              lized to legitimate opposition to               News World Edition, March 19, 2004; available at
                                                              news.bbc.co.uk/2/hi/africa/3549325.stm.
              intervention in humanitarian emergen-           60
                                                                 SG/SM/9197 AFR/893 HR/CN/1077, April 7, 2004;
              cies as well as to support it.                  available at www.un.org/events/rwanda.

              40                                                                                       Alex J. Bellamy
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                 In May 2004, Germany informally pro-            sive peace agreement in Sudan’s south.
              posed the deployment of UN peacekeep-              Although the resolution did not relate to
              ers to Darfur, and it was widely rumored           Darfur, some council members nevertheless
              that Norway had offered to command                 reaffirmed Sudanese sovereignty and
              such a force.61 The New York Times ran a           expressed deep skepticism about humani-
              series of articles exposing the massive            tarian intervention. Pakistan reminded the
              human rights abuses there and calling for          council:
              U.S. action, earning criticism from the
                                                                      The Sudan is an important member of the
              Sudanese embassy. 62 Human Rights                       African Union, the Organization of the
              Watch, Amnesty International, and the                   Islamic Conference and the United Nations.
              International Crisis Group also actively                As a United Nations Member State, the Sudan
              lobbied for action in Darfur.                           has all the rights and privileges incumbent
                 In April 2004, the UN Human Rights                   under the United Nations Charter, including
                                                                      to sovereignty, political independence, unity
              Commission dispatched a fact-finding team
                                                                      and territorial integrity—the principles that
              to Darfur. The team found “a disturbing pat-            form the basis of international relations.66
              tern of disregard for basic principles of
              human rights and humanitarian law, which              That this was not the view of an isolated
              is taking place in Darfur for which the            minority in the council was demonstrated
              armed forces of the Sudan and the Jan-             by the fact that the resolution’s drafters felt
              jaweed are responsible.” It concluded that “it     it necessary to doff their caps to Sudanese
              is clear that there is a reign of terror in Dar-   sovereignty by inserting a passage “reaffirm-
              fur,” and that the government and its prox-        ing its commitment to the sovereignty, inde-
              ies were almost certainly guilty of                pendence and unity of Sudan.”67 Pakistan,
              widespread crimes.63 Before the commis-            China, and Russia believed that the scale of
              sion could vote on a resolution based on the       human suffering in Darfur was insufficient
              draft report, its content was leaked to the        to provoke serious reflection on whether
              press. Pakistan and Sudan condemned the
              leak and called for an immediate inquiry.64
              Unwilling to force the issue, and concerned        61
                                                                    See Human Rights Watch, “Darfur Destroyed: Ethnic
              that a strongly worded resolution would be         Cleansing by Government and Militia Forces in West-
              rejected by the commission’s African and           ern Sudan” (New York: Human Rights Watch, May
              Asian members, the EU members watered              2004), pp. 56–57; available at hrw.org/reports/2004/
                                                                 sudan0504; and Afrol News,“UN Peacekeeping Mission
              down a draft resolution they were prepar-          for Sudan Prepared,” May 28, 2004; available at
              ing. The redrafted resolution neither con-         www.afrol.com/articles/12789.
                                                                 62
              demned Sudan nor mentioned its crimes. It              See, e.g., John Prendergast, “Sudan’s Ravines of
                                                                 Death,” New York Times, July 15, 2004, p. A23; and
              was passed with fifty votes in favor and only      Embassy of the Republic of Sudan, “The New York
              three against (the United States, Australia,       Times Faulted Sudan,” April 13, 2004; available at
              and Ukraine).65                                    sudanembassy.org/default.asp?page=viewstory&id
                                                                 =262.
                 The underlying dynamics of the Security         63
                                                                     E/CN.4/2005/3, May 7, 2004, p. 3; available at
              Council’s attitude to Darfur became appar-         www.unhchr.ch/huridocda/huridoca.nsf.
                                                                 64
              ent when it met on June 11, 2004, to pass             Human Rights Watch, “Darfur Destroyed,” p. 55.
                                                                 65
              unanimously Resolution 1547, expressing               E/CN.4/2004.L11/Add7, April 23, 2004.
                                                                 66
                                                                    UNSC 4988th meeting, S/PV.4988, June 11, 2004, p. 4.
              the council’s willingness to authorize a           67
                                                                    UNSC Res. 1547 (2004), June 11, 2004; emphasis in
              peace operation to oversee the comprehen-          original.

              responsibility to protect or trojan horse?                                                             41
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              Sudan was fulfilling its responsibilities to its        . . . Sudan was advisable.”71 The Sudanese gov-
              citizens, and the United States, the U.K., and          ernment itself made a classic “Trojan horse”
              France were reluctant to force them to do so.           argument, even referring to the Greek legend.
              All three of the Western democracies that               The ambassador wondered,
              contributed to the June 11, 2004, debate made
                                                                           if the Sudan would have been safe from the
              pointed remarks about the Darfur emer-                       hammer of the Security Council even if there
              gency and tacitly referred to the commission                 had been no crisis in Darfur, and whether the
              of crimes against humanity and war crimes,                   Darfur humanitarian crisis might not be a
              yet none cast doubts on Sudanese sover-                      Trojan horse? Has this lofty humanitarian
              eignty. Germany, for instance, noted that                    objective been adopted and embraced by other
                                                                           people who are advocating a hidden agenda?72
              peace in Sudan was indivisible and required
              “an end to the sweeping and widespread                     The resolution’s sponsors and their sup-
              human rights violations” without suggesting             porters adopted a line between these two
              how this might be achieved. Similarly, the              positions. The United States, the U.K., Ger-
              United States pointed toward a litany of                many, Chile, and Spain invoked the lan-
              human rights abuses in Darfur but simply                guage of the “responsibility to protect”
              confirmed its support for AU initiatives.68             without suggesting that the responsibility
                 This pattern was repeated on July 30,                ought to pass from the Sudanese govern-
              2004, when the council met to pass Resolu-              ment to the Security Council. They referred
              tion 1556.69 Three positions were put for-              to the AU as bearing the primary responsi-
              ward during the council’s deliberations,                bility for action should Sudan fail in its
              which saw the first injection of “responsibil-          responsibilities. This tension between, on
              ity to protect” language into the debate. The           the one hand, a genuine concern for human
              first view, put forward by the Philippines,             suffering in Darfur and, on the other hand,
              was that Sudan had failed in its duty to pro-           a reluctance to press for action was most
              tect its citizens and that international action         clearly expressed by the United States:
              was warranted. The reference to the ICISS                    Many people who are concerned about Darfur
              could not have been clearer:                                 would say that this resolution does not go far
                                                                           enough. Last week, the Congress of the United
                   Sovereignty also entails the responsibility of a        States passed resolutions referring to the
                   State to protect its people. If it is unable or         atrocities in Darfur as genocide. Many people
                   unwilling to do so, the international commu-            would want the Security Council to do the
                   nity has the responsibility to help that State          same. Perhaps they are right. But it is impor-
                   achieve such capacity and such will and, in             tant that we not become bogged down over
                   extreme necessity, to assume such responsibil-          words. It is essential that the Security Council
                   ity itself.70                                           act quickly, decisively and with unity. We need
                                                                           to fix this humanitarian problem now.73
                 At the other end of the spectrum, China,
              Pakistan, and Sudan all rejected talk of inter-
              vention, while Brazil and Russia exhibited              68
                                                                         UNSC 4988th meeting, S/PV.4988, June 11, 2004, p. 4.
              reluctance to even contemplate the question.            69
                                                                          Passed with thirteen affirmative votes and two
              China abstained in the vote, complaining that           abstentions (China and Pakistan).
                                                                      70
              the resolution alluded to “mandatory meas-                  UNSC 5015th meeting, S/PV.5015, July 30, 2004, pp.
              ures”against the Sudanese government, while             10–11.
                                                                      71
                                                                         Ibid., p. 10.
              Pakistan argued that it “did not believe that           72
                                                                         Ibid., p. 13.
                                                                      73
              the threat or imposition of sanctions against              Ibid., p. 4; emphasis added.

              42                                                                                            Alex J. Bellamy
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                 This debate produced an understandably          ond returns to the Security Council debates
              Janus-faced resolution that invoked Chapter        about intervention.
              VII and condemned human rights abuses,
              but stopped short of sanctioning or even           African Union Mission in Sudan
              condemning the Sudanese government.                In July 2004, the AU began to discuss the
              Resolution 1556 gave the government thirty         possibility of deploying a small force to
              days to disarm the Janjaweed and punish            protect its civilian monitors in Darfur, who
              human rights abusers, threatening economic         had been sent to El Fashir to monitor the
              sanctions if it failed to do so. For some, such    cease-fire agreement of June 9, 2004. At the
              as China and Pakistan, the resolution went         same time, the Sudanese government
              too far; for others, it did not go far enough.74   stated that it would “strongly resist all [UN
                 The initial international response to           Security Council] resolutions calling for
              events in Darfur was therefore characterized       dispatching international forces to Darfur”
              by three contradictory trends. First, there        and threatened to use force against peace-
              was clear recognition on the part of Western       keepers.75 Initially, an AU force of approxi-
              journalists, human rights organizations, and       mately 3,000 troops drawn from nine states
              some states of a responsibility to protect the     was envisaged.76 In mid-August, Rwanda
              people of Darfur. Second, however, there           deployed an advance party of 154 troops,
              were significant doubts about which organ-         and President Kagame insisted that they
              ization should bear that responsibility (the       would use force to protect civilians if nec-
              UN, AU, or Sudan?), and a deep reluctance          essary.77 Although the AU indicated in a
              on the part of key Western states to assume        communiqué to the Security Council that
              responsibility by arguing that the Sudanese        its troops would indeed fulfill this role,
              government was either unable or unwilling          some AU members expressed reservations.
              to protect Darfurians. Third, many states          The Sudanese government itself rejected
              expressed deep disquiet at any potential vio-      Kagame’s interpretation of the mandate.
              lation of Sudanese sovereignty.                    Foreign affairs minister Abdelwahad Najeb
                                                                 insisted, “The mission for those forces is
              FROM AMIS TO UNMIS                                 very clear: protection of the monitors. As

              The intervention debate crystallized
                                                                 74
              around the question of who had the respon-            Simon Tisdall described it as a “dark study in disillu-
                                                                 sion.” Simon Tisdall, “Brave Talk but No Action: Darfur
              sibility to protect Darfurians. Embedded in        Gets a Familiar Response from the West,” Guardian,
              this debate were concerns about the deploy-        August 3, 2004; available at www.guardian.co.uk/inter
              ment of AMIS and its relationship with the         national/story/0,3604,1274670,00.html. I am grateful to
                                                                 Paul Williams for bringing this to my attention.
              UN, the question of whether sanctions              75
                                                                    “Australia May Join Darfur Mission,” Daily Telegraph,
              should be imposed on Sudan, the prosecu-           July 28, 2004, p. 8. I am grateful to Sara Davies for bring-
              tion of war criminals, and the composition         ing this to my attention.
                                                                 76
                                                                    CBC News,“African Union Sending Military Force to
              and mandate of a UN force (UNMIS) to
                                                                 Darfur,” July 6, 2004; available at www.cbc.ca/sto
              oversee the peace agreement in the south of        ries/2004/07/05/world/janjaweed040705; and Reuters,
              Sudan.                                             “African Union to Send Troops to Darfur,” July 5, 2004.
                                                                 77
                 This section is divided into two parts.             Human Rights News, “Darfur: Rwandan Troops to
                                                                 Protect Civilians,” Human Rights Watch, New York,
              The first focuses on the AU’s involvement          August 17, 2004; available at hrw.org/english/docs/
              in Darfur. Against this backdrop, the sec-         2004/08/17/darfur9241.htm.

              responsibility to protect or trojan horse?                                                                  43
031-054_Bellamy.qxd   7/6/05    10:00 AM     Page 44

              far as the civilians, this is the clear respon-   to do much more than report cease-fire
              sibility of the government of Sudan.” 78          breaches. On December 20, Nigeria’s Gen-
              When Nigeria deployed the first 153 of an         eral Okonkwo reported that government
              intended 1,500 troops, President Obasanjo         forces had attacked villages using aircraft.85
              of Nigeria insisted that his forces would only    Days later, Secretary-General Annan com-
              protect AU observers and operate with the         plained that the world’s peacekeeping strat-
              consent of the Sudanese government.79             egy in Darfur was “not working,” and that
              With Sudan refusing to consent to a broad         AMIS had failed to protect civilians or pre-
              civilian protection mandate, a compromise         vent the crisis from deteriorating because it
              was found whereby AMIS troops would only          “has not been able to put in as many (mili-
              protect vulnerable civilians in their vicin-      tary) forces as we had hoped.”86 The situa-
              ity.80 The compromise mandate, to which           tion did not improve in 2005. In February,
              the government of Sudan consented,                Jan Pronk, the secretary-general’s special
              insisted that AMIS would “protect civilians       representative for Sudan (who was
              whom it encounters under imminent threat          appointed in June 2004), complained that
              and in the immediate vicinity, within             AMIS was too small and its deployment too
              resources and capability, it being under-
              stood that the protection of the civilian pop-
              ulation is the responsibility of the              78
                                                                   Quoted in Eric Reeves, “The Deployment of New
              [government of Sudan].”81                         African Union Forces to Darfur: What It Does and
                 It soon became clear, however, that the        Doesn’t Mean,” October 25, 2004; available at
              AU lacked the necessary financial and logis-      www.sudantribune.com/article.php3?id_article=6168.
                                                                79
                                                                   Human Rights News, “Darfur: African Union Must
              tical resources to deploy even the modest         Insist on More Troops,” Human Rights Watch, New
              3,000 peacekeepers originally intended. In        York, August 20, 2004; available at hrw.org/english/
              late September 2004, with still only 300          docs/2004/08/20/darfur9251.htm.
                                                                80
                                                                   Duncan Woodside, “Mandate Unclear as AU Troops
              troops deployed, Secretary-General Annan          Head for Darfur,” Business Day (South Africa), October
              called for international assistance to expand     29, 2004, p. 12.
                                                                81
              AMIS, and President Obasanjo lamented                African Union Peace and Security Council Commu-
                                                                niqué PSC/PR/Comm. (XVII), Peace and Security
              that although the AU was willing to deploy
                                                                Council, 17th meeting, October 20, 2004, Addis Ababa,
              more peacekeepers, it was unable to do so         Ethiopia, para. 6, p. 2; available at www.africa
              without international assistance.82 On the        union.org/News_Events/Communiqu%C3%A9s/Com
              ground, AMIS was constrained by the               muniqu%C3%A9%20_Eng%2020%20oct%202004.pdf.
                                                                82
                                                                   UN News Centre, “World is Responsible for Ending
              Sudanese government, which, among other           ‘Terrible Violence’ in Sudan, Annan Says,” New York,
              things, prevented AU helicopters from flying      September 24, 2004; available at www.un.org/apps
              by denying them fuel as well as repeatedly        /news/storyAr.asp?NewsID=12044.
                                                                83
                                                                   “Thousands More Troops for Darfur,” BBC News
              insisting that AMIS troops were monitors,         U.K. Edition, October 1, 2004; available at news.bbc.
              not peacekeepers.83                               co.uk/1/hi/world/africa/3706340.stm.
                                                                84
                 On October 20, the AU’s Peace and Secu-           S/2004/881, November 2, 2004, para. 57.
                                                                85
                                                                   Reuters, “Troops Attack in Darfur as a Deadline
              rity Council announced its intention to
                                                                Passes,” December 20, 2004.
              increase the overall size of its mission to       86
                                                                   Quoted in Thalif Deen, “UN Admits Sudan Policies
              3,320, including some 2,341 troops.84 A week      Failing,” Inter Press Service, December 22, 2004; avail-
              later, Rwandan and Nigerian reinforcements        able at www.ipsnews.net/africa/interna.asp?idnews
                                                                =26779. Also see Leslie Lefkow, “No Justice for Sudan,”
              began arriving in Darfur, assisted by the U.S.    Guardian, January 10, 2005; available at www.
              Air Force. However, AMIS remained unable          guardian.co.uk/sudan/story/0,,1387074,00.html.

              44                                                                                       Alex J. Bellamy
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