The need to protect.
by Raymond, Gregory
In a letter to the editor of the New York Times in 1968, Arthur
Leff, a Yale law professor, condemned what he saw as a feeble
international response to horrific events during the Nigerian Civil War.
"Forget all the blather about international law, sovereignty and
self-determination, all that abstract garbage. Babies are dying,"
he growled.
Professor Jentleson's essay ("A Responsibility to
Protect," Winter 2007) on the international community's
responsibility to protect vulnerable populations from human rights
violations reminds us that state sovereignty remains as formidable a
barrier to humanitarian intervention as it was four decades ago. Despite
evidence that sovereignty has been gradually eroding as the processes of
globalization widen and deepen worldwide interconnectedness, Jentleson
laments that national leaders continue to accept the Westphalian
principle that states hold exclusive jurisdiction over their respective
territories. Rather than considering the early use of force as a viable
option for dealing with situations like the Darfur conflict, the
world's leaders have squandered opportunities for effective
intervention by deferring to the sovereignty of brutal regimes.
Jentleson's observations about the discrepancy between state
practice and the humanitarian ideals that underpin efforts to establish
a responsibility-to-protect norm raise important questions about the
utility of the concept of "international community." Though
scorned by hard-boiled realists, the concept is popular among many
scholars and policymakers, some of whom use it without realizing how it
shapes the way we think about the international normative order.
Consider, for example, what it means to frame a discussion of the
responsibility-to-protect norm in terms of an international community
rather than in terms of an international system or an international
society.
When referring to a system of states, most people have in mind a
set of regularly interacting political entities that are sufficiently
interdependent to make the behavior of each influential on the others.
The international normative order from this perspective is composed
largely of informal understandings and tacit agreements that solve
coordination problems, allowing actors with divergent interests to
navigate through delicate situations and avoid common aversions.
However, when autonomous, independent political entities share a
canon of fundamental values, they are participants in a rudimentary
international society. Behavior within such a society is guided by
socially sanctioned injunctions that prescribe certain actions and
proscribe others. If these political entities also possess collective
feelings of loyalty that transcend self-regarding, instrumental
interests, they can be thought of as belonging to an international
community. As asserted by the Athenian sage Solon, in a community
"any wrongs that are done to individuals are resented and redressed
by the other members of the community as promptly and as vigorously as
if they themselves were personal sufferers." Whereas in an
international society prevailing normative order may make it legally
permissible to undertake humanitarian interventions, the code of conduct
in an international community makes it morally obligatory.
Although I agree with Jentleson's position on the merits of a
responsibility-to-protect norm, framing it within the context of an
international community is problematic. Contemporary international life
lacks the common identity and solidarity entailed by the concept of
community; thus, egoistic territorial states remain wedded to the
principle of sovereignty. Without such a common identity and the
interests it promotes, it is difficult to imagine that many national
leaders would feel responsible for the bad consequences that follow from
the potential good that they did not do.
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GREGORY RAYMOND is Frank Church Professor of International
Relations at Boise State University.
COPYRIGHT 2007 Harvard International Relations
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Copyright 2007, Gale Group. All rights
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