Part One: Political and security questions
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Protection issues Responsibility to protect Report of Secretary-General. Following up on paragraphs 138 and 139 of the 2005 World Summit Outcome [YUN 2005, p. 62], the Secretary-General, in January, submitted a report [A/63/677] on implementing the responsibility to protect. The report responded to a cardinal challenge posed in those paragraphs of the World Summit Outcome: operationalizing the responsibility to protect. The Heads of State and Government had unanimously affirmed at the Summit that “each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity”. They had agreed as well that the international community should assist States in exercising that responsibility and in building their protection capacities. When a State nevertheless was “manifestly failing” to protect its population from genocide, war crimes, ethnic cleansing or crimes against humanity, they had confirmed that the international community was prepared to take collective action in a “timely and decisive manner” through the Security Council and in accordance with the UN Charter. The report underscored that the best way to discourage States or groups of States from misusing the responsibility to protect for inappropriate purposes would be to develop fully the UN strategy, standards, processes, tools and practices for the responsibility to protect. The report outlined a three-pillar strategy for advancing the agenda mandated by the Heads of State and Government. Those pillars were the protection responsibilities of the State, international assistance and capacity-building, and timely and decisive response. The strategy stressed the value of prevention and, when it failed, of early and flexible response tailored to the circumstances of each case. The report provided examples of policies and practices that were contributing, or could contribute, to advancing goals relating to the responsibility to protect under each of the pillars. Addressing the way forward, the report set out points that the General Assembly might wish to consider as part of its “continuing consideration” mandate under paragraph 139 of the Summit Outcome. Some preliminary ideas on early warning and assessment, as called for in paragraph 138 of the Summit Outcome, were set out in an annex. The report also presented policy ideas that might merit further consideration by Member States, although the Secretary-General did not request the Assembly to take action on them. General Assembly debate (July). The General Assembly held a four-day debate (21, 23, 24 and 28 July) on the responsibility to protect and the SecretaryGeneral’s report. The President of the General Assem-
bly, the Secretary-General, the High Commissioner for Human Rights, delegates from 94 States as well as experts addressed the debate and engaged in an informal interactive dialogue [A/63/PV.96-101 & Corr.]. In his closing remarks on 28 July, General Assembly President Miguel d’Escoto Brockmann (Nicaragua) said that the majority of States felt that any action under Chapter VII of the UN Charter must be in conformity with the Charter and international law, considered on a case-by-case basis. Any coercion must take place under the collective security provisions of the Charter, and only in cases posing an immediate threat to international peace and security. Some States had expressed concern that the United Nations should not take the enormous leap to make the responsibility to protect operational as presently formulated, voicing doubts that the global community could respond to massive Government failure to protect populations without falling back on double standards. Recent “disastrous” interventions had given developing countries reason to fear that laudable motives could be misused to justify interventions against weaker States. Keeping those concerns in mind, Member States were unified in their conviction that the international community could no longer remain silent in the face of genocide, ethnic cleansing, war crimes and crimes against humanity. Most States also favoured an approach that focused on finding ways to prevent such crises and on dealing with their root causes. GENERAL ASSEMBLY ACTION
On 14 September [meeting 105], the General Assembly adopted resolution 63/308 [draft: A/63/L.80/Rev.1 & Add.1] without vote [agenda items 44 & 107], as orally revised. The responsibility to protect The General Assembly, Reaffirming its respect for the principles and purposes of the Charter of the United Nations, Recalling the 2005 World Summit Outcome, especially paragraphs 138 and 139 thereof, 1. Takes note of the report of the Secretary-General and of the timely and productive debate organized by the President of the General Assembly on the responsibility to protect, held on 21, 23, 24 and 28 July 2009, with full participation by Member States; 2. Decides to continue its consideration of the responsibility to protect.
Protection of civilians in armed conflict Security Council consideration (January). On 14 January [meeting 6066], the Security Council held a day-long debate on the protection of civilians in armed conflict.