You are here

The Security Council Response to Mass Atrocities: A Case Study of Rwanda and Darfur

Journal Name:

Publication Year:

Author NameUniversity of AuthorFaculty of Author
Abstract (2. Language): 
The mass atrocities taking place in internal conflicts and the obstacles in responding to massive human rights violations in the context of such conflicts have long been in the agenda of the international community, as Koffi Annan stated in the Millenium Report of the Secretary-General, “Wars since 1990s have been mainly internal. They have been brutal, claiming more than 5 million lives. They have violated, not so much borders, as people. Humanitarian conventions have been routinely flouted, civilians and aid workers have become strategic targets, and children have been forced to become killers. Often driven by political ambition or greed, these wars have preyed on ethnic and religious differences, they are often sustained by external economic interests, and they are fed by a hyperactive and in large part illicit global arms market.”1 It is beyond dispute that the massacres that took place in Rwanda and Darfur have taken their places in history as black dots of humanity and examples of a drastic failure of the international community holding aloof of the approach of a slaughter that was even hesitated to be called as “genocide” before it all ended. There are indeed several parameters that caused this failure, from various state to non-state actors, including the inner political atmosphere that was influenced by the foreign states, especially the colonial powers of the cold war era, and the dynamics in the world organization, the United Nations, which depends highly on the interests of its Member States. More glaring than the role of such factors is the failure of the international community to even mitigate the atrocities and prevent the upcoming ones. The United Nations (UN), as the most prominent international body which holds the capacity to intervene where it sees a threat to peace and security via the decisions of its primary organ with such authority, the Security Council2, has thus been the target of human rights activists, NGOs, regional organizations, as well as member states of its own, for failure to act and a lack of deriving lessons from the former failures. As Kofi Annan indicates the high level of expectations of the international community from the UN Security Council , which is assigned responsibility for maintaining international peace and security, he asserts that only the Security Council has the authority to determine whether the internal situation in any State is so grave as to justify forceful intervention and further states, “The Council’s authority depends not only on the representative character of its membership but also on the quality and speed of its decisions. Humanity is ill served when the Council is unable to react quickly and decisively in a crisis”3. With this view, this essay focuses on the causes of the actions, inactions, failures and weaknesses of the Security Council with connection to the situations in Rwanda and Darfur, with a critical view reflecting different perspectives; starting with a general information regarding the mandate of the Security Council, proceeding with the briefing of the Security Council response regarding both situations and concluding with the analysis of these responses embracing the factors causing such attitude.
3-36

REFERENCES

References: 

Annan, Kofi A., The question of intervention : statements by the Secretary-
General, New York: United Nations Dept. of Public Information,
1999.
Annan, Kofi A., ‘We the peoples’: the role of the United Nations in the
21st century, New York: United Nations Dept. of Public Information,
2000.
Hagan, John, and Wenona Rymond-Richmond. Darfur and the
Crime of Genocide. 1st ed. New York: Cambridge University Press, 2009.
Österdahl, Inger, Threat to the peace : the interpretation by the Security
Council of Article 39 of the UN Charter, Studies in international law
(Stockholm, Sweden), v. 13. Uppsala: Iutus Forlag, 1998.
Ronayne, Peter, Never Again? The United States and the Prevention
and Punishment of Genocide since the Holocoust, New York: Rowman &
Littlefield Publishers, 2001.
Schweigman, David, The Authority of the Security Council under
Chapter VII of the UN Charter, Vol. 8, Hague: Kluwer Law International,
2001.
Articles from Compilations
Adelman, Howard and Astri Suhrke, “Rwanda”, The UN Security
Council, From The Cold War To The 21st Century, Ed. David M. Malone,
London: Lynne Rienner Publishers, 2004.
Bothe, Michael, “International Legal Aspects of the Darfur Conflict”,
The Law Of International Relations – Liber Amicorum Hanspeter Neuhold,
Ed. August Reinisch and Ursula Kriebaum, Utrecht: Eleven International
Publications, 2007.
32 Zeynep Elibol [Annales XLI, N. 58, 3-36, 2009]
Gambari, Ibrahim A.. “An African Perspective”, The UN Security
Council, From The Cold War To The 21st Century, Ed. David M. Malone,
London: Lynne Rienner Publishers, 2004.
Hasenclever, Andreas, “Might For Rights: The French Intervention
in Rwanda 1994”, Redefining Sovereignty, The Use of Force After the Cold
War. Ed. Michale Bothe, Mary Ellen O’Connell, Natalino Ronzitti, New
York: Transnational Publishers, 2005
Keating, Colin, “An Insider’s Account”, The UN Security Council,
From The Cold War To The 21st Century, Ed. David M. Malone, London:
Lynne Rienner Publishers, 2004.
Levitt, Jeremy I., “The Peace and Security Council of The African
Union and the United Nations Security Council: The Case of Darfur,
Sudan”, The Security Council and The Use of Force, Theory and Reality – A
Need For Change?., Ed. Niels Blokker and Nico Schrijver, Leiden, The
Netherlands: Martinus Nijhoff Publishers, 2005.
Mendez, Juan E., “The United Nations and the Prevention of Genocide”,
The Criminal Law of Genocide, International, Comparative and Contextual
Aspects, Ed. Ralph Henham, Paul Behrens, Hampshire: Ashgate
Publishing, 2007.
Neuer, Matthias, “The Darfur Referral Of The Security Council and
The Scope Of The Jurisdiction of the International Criminal Court”, the
Yearbook Of International and Humanitarian Law. Ed. Timothy L.H. Mc-
Cormack, Avril McDonald, Vol. 8, Hague: T.M.C. Asser Press, 2005.
Schabas, William A., “Has Genocide Been Committed in Darfur?
The State Plan or Policy Element in the Crime of Genocide”, The Criminal
Law of Genocide, International, Comparative and Contextual Aspects, Ed.
Ralph Henham, Paul Behrens, Hampshire: Ashgate Publishing, 2007.
33
The Security Council Response to Mass Atrocities:
A Case Study of Rwanda and Darfur
Articles from Journals
Fröhlich, Manuel, “Keeping Track of UN Peace-keeping - Suez, Srebrenica,
Rwanda and the Brahimi Report”, Max Planck Y.B. U.N. L. Vol.
5, 2001, 185-248, Web.22 Jun 2009.
Khan, Rahmetullah. “United Nations Peace-keeping in Internal
Conflicts, Problems and Perspectives.” Max Planck Y.B. U.N. L. 4(2000)
543-580. Web.22 June 2009.
Schott, Jared, “Chapter VII as Exception: Security Council Action
and Regulative Ideal of Emergency.” Vol. 6, Issue 1, 2007 25-80, Web.22
Jun 2009.
Travis, Hannibal, “Genocide In Sudan: The Role Of Oil Exploration
And The Entitlement Of The Victims To Reperations”, Arizona Journal
of International and Comparative Law Vol. 25, No. 12008 1-73, web.27
Jun 2009.
Walter, Christian, “Security Council Control over Regional Action”,
Max Planck Y.B. U.N. L. Vol. 1, 1997, 129-192, Web.20 Jun 2009.
United Nations Documents
S/RES/812 (1993), 12 March 1993.
S/RES/846 (1993), 22 June 1993.
S/RES/872 (1993), 5 Oct. 1993.
S/RES/891 (1993), 20 Dec. 1993.
S/RES/909 (1994), 5 April 1994
S/RES/918 (1994), 17 May 1994.
S/RES/928 (1994, 20 June 1994.
S/RES/929 (1994), 22 June 1994.
S/RES/935(1994), 1 July 1994.
34 Zeynep Elibol [Annales XLI, N. 58, 3-36, 2009]
S/RES/955(1994), 8 Nov. 1994.
S/RES/997 (1995), 9 June 1995.
S/RES/1011(1995), 16 Aug. 1995.
S/RES/1013 (1995), 7 Sept. 1995.
S/RES/195 (1996), 13 March 1996.
S/RES/1547 (2004), 11 June 2004.
S/RES/1556 (2004), 30 July 2004.
S/RES/1564(2004), 18 Sept. 2004.
S/RES/1590 (2005), 24 March 2005.
S/RES/1591(2005), 29 March 2005.
S/RES/1593(2005), 31 March 2005.
S/RES/1679(2006), 16 May 2006.
S/Res/1769(2007)/31 July 2007.
S/PRST/1994, 21 Apr. 1994.
Report Of The Independent Inquiry Into The Actions Of The United
Nations During The 1994 Genocide in Rwanda (Rwanda Report),
Doc. S/1999/1257, 16 Dec. 1999.
Report of the International Commission of Inquiry on violations of
international humanitarian law and human rights law in Darfur (Commission’s
report), UN Doc. S/2005/60, 1 Feb. 2005.
The Secretary General, Address To The 2005 World Summit, New
York, Sept. 2005, http://www.un.org/webcast/summit2005/statements/
sgenglish3.pdf.
United Nations General Assembly, 60/1, 2005 World Summit Outcome,
A/RES/60/1, 24 Oct. 2005.
35
The Security Council Response to Mass Atrocities:
A Case Study of Rwanda and Darfur
The Secretary General, Address To The 2005 World Summit,
New York, Sept. 2005, para. 15, 14, http://www.un.org/webcast/summit2005/
statements/sgenglish3.pdf.
The UN Refugee Agency, “The challenge of protecting internally
displaced.” The State of the World’s Refugees 2006 19 Apr 2006. UNHCR.
http://www.unhcr.org/print/4444d3ce2/html.
Newspaper articles and blogs
Tisdall. Simon, “Sudan fears US military intervention over Darfur”,
The Guardian, 15 Jan 2009, web. 25 Jan 2009.
Brocato, Rebecca, “Commemorates 5-Year Anniversary of U.S. Declaration
Of “Genocide” in Darfur” [Weblog Congress, Enough, the project
to end genocide and crimes against humanity] 26 Jun 2009, Web.27 Jun
2009. http://www.enoughproject.org/blogs/congress-commemorates-
5-year-anniversary-us-declaration-genocide-darfur.
Moran, Michael, “Inaction Breeds Death in Darfur.” Council on
Foreign Relations, 31 Oct 2006, web.30 Jun 2009. http://www.cfr.org/
publication/11857/inaction_breeds_death_in_darfur.html.
Other sources
Communique of the 51th Meeting of the African Unison Security
Council, 15 May 2006, para. 15, http://www.amis-sudan.org/psccommunique.
html.
Report Of The International Commission on Intervention and
State Sovereignty, The Responsibility To Protect. Ottawa, Canada: The
International Development Research Centre, 2001.
Office of The Spokesperson for the Secretary General, Secretary-
General’s press encounter upon arrival at UNHQ (unofficial transcript),
New York, 17 June 2004, http://www.un.org/apps/sg/offthecuff.
asp?nid=596.
36 Zeynep Elibol [Annales XLI, N. 58, 3-36, 2009]
Reservations to the Convention on the Prevention and Punishment
of the Crime of Genocide, Advisory Opinion, ICJ Reports, 1951,
http://www.icj-cij.org/docket/files/12/4283.pdf.
“The Rwandan Genocide: How It Was Prepared”, A Human Rights
Watch Briefing Paper, Apr. 2006, Human Rights Watch, .
“Sudan: Now Or Never Again”, ICG Africa Report N80 23 May 2004,
International Crisis Group.
http://topics.cnn.com/topics/darfur.

Thank you for copying data from http://www.arastirmax.com