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Promoting Responsibility to Protect in ASEAN:
What Role for Cambodia?
Dr. Noel M. Morada
6 August 2014
Cambodia Institute for Peace and Cooperation
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Responsibility to Protect:
background
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Humanitarian crisis in the 1990s
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Rwanda, Uganda, former Yugoslavia (Bosnia-Herzegovina)
Francis Deng: sovereign responsibility
International Commission on Intervention and State Sovereignty
(ICISS): 2001
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Response to the challenge of UNSG Kofi Annan: how should the
international community respond to humanitarian crisis and mass
atrocities
R2P version 1.0: Responsibility to Protect Report
 Responsibility to Prevent
 Responsibility to React
 Responsibility to Rebuild
 BUT the Report focused more on principles related to military
intervention and operations, while acknowledging that prevention is
also important.
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Responsibility to Protect:
background
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UN Summit of World Leaders 2005
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Post-Libya Crisis in 2011
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R2P version 2.0: WSOD paragraphs 138-139
 R2P as primary responsibility of states
 Important role of UN and UNSC, and regional arrangements
 Authority of the UN derived from Chapters VI, VII and VIII of the UN Charter
 Importance of prevention as key to implementing R2P
 Importance of timely and decisive action if:
 Peaceful means are inadequate
 Failure of states to protect people
R2P version 3.0 Responsibility while Protecting (RwP)
 Brazilian initiative calls for transparency and accountability in implementing R2P
under the third pillar (timely and decisive response)
Informal Interactive Dialogues in the UNGA since 2009
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2009 (implementing R2P); 2010 (early warning); 2011 (role of regional arrangements);
2012 (timely and decisive response); 2013 (capacity and prevention)
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2005 UN Summit Outcome Document
on R2P
138. Each individual State has the responsibility to protect its
populations from genocide, war crimes, ethnic cleansing and crimes
against humanity. This responsibility entails the prevention of such
crimes, including their incitement, through appropriate and
necessary means. We accept that responsibility and will act in
accordance with it. The international community should, as
appropriate, encourage and help States to exercise this responsibility
and support the United Nations in establishing an early warning
capability.
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2005 UN Summit Outcome Document
on R2P
139.
The international community, through the United Nations, also has the
responsibility to use appropriate diplomatic, humanitarian and other
peaceful means, in accordance with Chapters VI and VIII of the Charter, to
help protect populations from genocide, war crimes, ethnic cleansing and
crimes against humanity. In this context, we are prepared to take collective
action, in a timely and decisive manner, through the Security Council, in
accordance with the Charter, including Chapter VII, on a case-by-case basis
and in cooperation with relevant regional organizations as appropriate,
should peaceful means be inadequate and national authorities manifestly
fail to protect their populations from genocide, war crimes, ethnic cleansing
and crimes against humanity. We stress the need for the General Assembly to
continue consideration of the responsibility to protect populations from
genocide, war crimes, ethnic cleansing and crimes against humanity and its
implications, bearing in mind the principles of the Charter and international law.
We also intend to commit ourselves, as necessary and appropriate, to helping
States build capacity to protect their populations from genocide, war
crimes, ethnic cleansing and crimes against humanity and to assisting those
which are under stress before crises and conflicts break out.
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R2P’s three pillars
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UN SG’s Report in 2009: Implementing R2P
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Three-pillar approach:
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Pillar 1—Prevention: the state has the primary responsibility to
protect its population against the four crimes
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Pillar 2— Assistance: the international community has the
responsibility to help states build capacity to prevent mass atrocity
crimes
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Pillar 3—Timely and decisive response: if states are unwilling or
manifestly fails to halt mass atrocities, the international
community has the responsibility to take collective action, on case
by case basis, under Chapter VII of the UN Charter and in
cooperation with regional organizations/sub-regional
arrangements
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R2P Post-Libya
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Responsibility while Protecting (RwP)
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Brazilian initiative that calls for greater transparency and
accountability in the use of force for protection of populations
against mass atrocities
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R2P cannot be used for regime change
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Prudential principles:
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Right intention
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Last resort
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Proportionality
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Reasonable prospects for success
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Promoting R2P in the Asia Pacific
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Consensus on R2P still a work in progress in the Asia Pacific
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Misconceptions about R2P as all about humanitarian (military)
intervention:
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Humanitarian intervention does not need UNSC authorization, can be
unilateral
R2P needs authorization of UNSC based on 2005 WSOD
Myanmar: Cyclone Nargis in 2008, some Western countries invoked
R2P, but for wrong reason
 R2P covers only four crimes: genocide, ethnic cleansing, war
crimes and crimes against humanity
Not all humanitarian crises situations (e.g., natural disasters)
are covered by R2P, although they could lead to commission of
any of the the four crimes; difficult to justify R2P +
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Promoting R2P in the Asia Pacific
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Asia Pacific Centre for the Responsibility to Protect (APCR2P)
(www.r2pasiapacific.org)
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Based in the University of Queensland in Brisbane, Australia
Supported by the Australian government as part of its contribution to
building capacity of states in preventing genocide and mass
atrocities
States in ASEAN and East Asia remain cautious about the concept
and would like to focus on:
 Prevention of mass atrocities (Pillar 1)
 Consent of state is necessary before international community
could intervene
Centre focus on research, outreach and building national and
regional constituency on R2P
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Promoting R2P in ASEAN
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R2P as a friend—not an enemy—of sovereignty
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Linked to good governance, rule of law, and respect for international
norms on human rights, could enhance legitimacy of states
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R2P and regional norms and concepts in ASEAN:
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Comprehensive security
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Human security
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ASEAN as a community of caring societies (akin to African
Union’s principle of non-indifference)
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People-oriented ASEAN
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Norm building under ASEAN Political Security Community
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APSC Blueprint: “…adherence to the principles of
democracy, good governance, rule of law, respect for
promotion and protection of human rights and fundamental
freedoms as inscribed in the ASEAN Charter.”
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What role for Cambodia?
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Important milestones in Cambodia:
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First in ASEAN to ratify of Rome Treaty (International Criminal
Court), followed by the Philippines in 2011
Only ASEAN member that has a Genocide Museum
Created the ECCC to try atrocities under the Khmer Rouge
Pursuit of national reconciliation and peace
Enacting a law against denial of atrocities committed by the Khmer
Rouge
Cambodia can take the lead in ASEAN in promoting R2P,
particularly in Pillars 1 and 2
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Value of confronting past atrocities (important issue in Indonesia)
Encouraging other ASEAN members to ratify Rome Treaty
Opportunities: appointing R2P Focal Point, participation in UNGA
dialogue on R2P; capacity building in prevention of mass atrocities
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Conclusion
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Promoting R2P in ASEAN needs regional champions, and
Cambodia can and should take the lead in promoting mass
atrocities prevention in Southeast Asia
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Cambodia’s experience in confronting past atrocities and efforts
in peace and national reconciliation can serve as model for
ASEAN on good practices in Pillars 1 and 2 (showcase for R2P
Conference in February 2015)
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Cambodia can be a regional hub in ASEAN for capacity
building of states in mass atrocities prevention through:
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Regional and international partnerships in education and training for
peace and reconciliation, transitional justice, peacekeeping
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Development of early warning systems for mass atrocities
prevention in ASEAN through cooperation with the UN and other
international organizations