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Nice catch by Bruce Kesler who goes en fuego on the weirdly discordant note Anne-Marie Slaughter strikes in her latest New York Times op-ed:

Majority Rule Over Minorities: Ironic R2P Hypocrisy

The extremism of R2P’s leading proponent is exhibited in Anne-Marie Slaughter’s op-ed in today’s New York Times. Slaughter likens the Wall Street protesters to those demonstrating against oppressive regimes in the Middle East and recommends removal of the US system of checks and balances that protect minority views and avoid poorly developed political stampedes. (Slaughter doesn’t mention or give credence to the more numerous, mature citizenry participating in or supporting the Tea Parties more peaceful protests for more limited government intrusions into Americans’ private lives and earnings.)

R2P’s leading proponent, Anne-Marie Slaughter of Harvard, believes that US foreign policies and military interventions should prioritize the Right To Protect severely repressed peoples through US obeisance to liberal internationalist elites’ sentiments in favor of some they like regardless of the US Constitution or laws or national or security interests.

In today’s New York Times, Slaughter takes her R2P home to the US, advocating that majorities rule regardless of the formal and informal checks and balances of our political system and overriding the rights of political minorities. Again, it is the majorities that liberals like who should be given more powers.

Without any sense of proportionality or of core differences between the US and Middle East satrapies, Slaughter says, “Indeed, the twin drivers of America’s nascent protest movement against the financial sector are injustice and invisibility, the very grievances that drove the Arab Spring.” Slaughter then concludes, “The only effective response is a political response, of a nature and magnitude that convinces protesters on the streets that they can in fact secure the change they seek within, rather than outside, the system.”

Slaughter’s system, however, would reduce the ability of permanent or transitory political minorities to protect their interests. They would, also, further factionalize the US and make compromises more difficult as the power of centrists is reduced….

Read the rest here.

Good grief. Anne Marie Slaughter opining on the need for greater democracy and accountability to the people is somewhat akin to Ayn Rand calling for more welfare programs.

My suspicion here, since this rhetoric runs counter to Slaughter’s most influential ideas, is that Slaughter is just carrying water as part of the current Democratic political strategy of trying to co-opt the Occupy Wall Street movement. Perhaps the Axelrods and Podestas see that open-source protest movement to potentially be “their tea party”. Whatever. I will take her op-ed more seriously when she is marching against the Hedge fundies and Wall Streeters who are top donors to her Party, her administration and her university.

You can put a three corned hat on a Princeton theorist of global governance by transnational “governmental networks” but even if you adjust the hat at a suitably jaunty angle for maximum populist effect, the agenda underneath is still neither democratic nor popular.

[by J. Scott Shipman]

To have an executable strategy, a nation needs the wherewithal to pay for it. This applies the United States, too. 

As the United States heads into an election year with rising unemployment, a double-dip recession threatening, and deep cuts to defense on the horizon (even as we continue to prosecute the war on terror) a controversy continues to brew in the South China Sea. China has increasingly heated up the rhetoric. On 30 September the Taipei Times reported on an opinion article in the Chinese Communist Party-run Global Times (the original article is here), calling on the Chinese to declare war on Vietnam and the Philippines over their intransigence with respect to China’s claim of the South China Sea as being part of China proper. While this tantrum might be a saber-rattling “fire for effect” exercise aimed at intimidation, the writer surmised the position of the United States:

“The US has not withdrawn from the war on terrorism and the Middle East … so it cannot afford to open a second front in the South China Sea,” he wrote…“[Military] action by a big country in the international arena may result in initial shock, but in the long run, regional stability can be achieved through great power strategic reconciliation.”

“It cannot afford” is writ large. What, indeed, would the US do if China followed the advice of this hot-headed pundit? The US Navy is operating at about 283 ships, and the op-tempo is wearing out both ships and crews—fast. A recent article in the Atlanta Constitution reported the USN is investigating extending the typical six month deployment for fast-attack submarines. As I wrote earlier, we are retiring our submarines faster than we’re replacing them. With the US defense budget under the axe for even further cuts, what is the proper course of action? And do we have a strategy supported by an adequate budget? Are we strengthening our relationships among allies, or are we neglecting relationships that will be vital if hostilities break out? I would submit the US refusal to Taiwan’s request to purchase modern F-16 C/D variants, offering instead upgrades for A/B sends a message of waning US resolve to honor the Taiwan Relations Act (TRA). (A rumor within the Beltway is the upgrades were a first step, with what the administration hopes will be a request by Taiwan for the troubled and increasingly costly F-35.) The TRA requires the United States “to provide Taiwan with arms of a defensive character”, and “to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan.” We may have that “capacity” today, but what are we doing to insure we sustain the capacity to maintain open sea lines of communications? Can we afford it?

Our friends in the South China Sea environs aren’t feeling the love. India, Indonesia, Japan, Malaysia, the Philippines, Singapore, South Korea, Taiwan, and Vietnam have all expressed concern about China’s increasingly belligerent actions with respect to the South China Sea areas. All of these nations rely ultimately on the USN to keep the sea lanes of communication open. Most have modest defense budgets, but they’re beginning to realize the new reality and are acting and good for them—we could learn something in the reality department. Vietnam has ordered six Russian Kilo Class diesel boats (very good subs, btw), and the Philippines are shopping. Singapore has a pretty impressive sub fleet (six reasonably modern hulls) and national defense given her size. Taiwan has two 20-plus year old subs and two WWII era US boats that are 60 years old!

If we look at numbers, our strategy seems pretty puny. As our fleet continues to atrophy in numbers, the Chinese continue to build. An inventory of submarines in the area shows that between China and North Korea there are about 128 hulls compared to a total of 42 among the aforementioned nations. Our friends in the area will continue to need US submarine support in the area for the foreseeable future as subs are long lead time platforms.

In this theater alone, cutting our defenses seems nuts. Rather than cut line units, perhaps DoD should begin to improve/streamline our antiquated procurement and acquisition processes. Our acquisition process is so complicated we have a Defense Acquisition University (DAU)! At an estimated $124M for FY012, perhaps we should cut DAU first. Last year at Boyd & Beyond 2010, Dr. Ray Leopold shared the contrasts in commercial contracting versus government contracting. Commercial contracts are built on the presumption of trust, government contracts are written on the presumption of distrust. Rather than use normal legal remedies to hold mischievous and unscrupulous contractors to account, DoD has erected mind-numbing processes that attempt to eliminate any risk a contractor could successfully rip-off the government. And when a contractor does rip-off the government, the contractor pays a fine and continues to do business with the Pentagon. If someone steals from you, do you continue to do business with them? Not me. This would be a good place for DoD to begin true accountability—you can bet one defense company out of the market would send a message to the others. The sad truth is the revolving door between the military and the contractor community has created a incestuous and inbred swamp of rules and processes only the participants understand that are so impenetrable DoD has no idea how much money it is spending (never mind tracking waste)—so fiscal irresponsibility continues in an increasingly dangerous world with budget cuts guaranteed. What’s the strategy again? This madness is fast becoming an issue of national security. On our current track we could well be incapable of defending ourselves, much less our allies.

Here are few other ideas for consideration before touching a single line unit:

• DoD should lay-off every nonessential employee. Whenever there is a snowstorm in the DC area, nonessential personell are instructed to stay home or “liberal leave” is in effect. We need to disabuse ourselves of the luxury of the nonessential employee. Regular businesses don’t operate like this, neither should DoD. Every employee should be integral, essential, and necessary; if they’re not essential, we can’t afford them—not while we have troops in harm’s way.
• Stop double-dipping on 1 January. If a member retires from the military, they shouldn’t be able work for the government (often in the same office where they separated from service) and draw two salaries. If the member wants to work for the government,  pick one, but not both. We can’t afford it and this contributes to the ongoing inbreeding in defense. And here’s a cruel truth: why should we pay a member who could not continue advancing in the military a military pension and a government civil service salary?
• Flag officers and members of the Senior Executive Service should have a minimum five year ban on working in the defense or defense lobbying industry. Stop the revolving door. Our current mess was created by many of these folks (even if well-intentioned), they should take a five-year time out and give others a chance to fix the mess they’ve helped create.
• Abandon the current acquisition process and close DAU. Hire commercial attorneys at a commercial rate to write contracts based on trust, but contracts with teeth. This would be cheaper than the bloated and incestuous bureaucracy we now carry.  If a contractor defrauds the government, ban that company for 10 years from doing business with the government, and put the offending members in jail. Word will get around, and folks will behave.
• Allow contractors to earn 8-10% on their work and stop nickel-diming them on fee. Businesses are in business to make money.
• The government should assume more technical oversight/intimacy in procurement programs. We have too many generalist contracting officers who can be misled by an unscrupulous contractor, or perhaps worse, have no idea “what” they’re buying. The government needs to get engaged and informed and know “what” they are buying and know real costs.
• Develop a promotion system based on merit, not time in grade. Our promotion system breeds risk averse officers who focus on punching career tickets instead of doing. Following John Boyd’s “to be or to do” maxim, the promotion system should reward officers who think and take risks, not poster-boy/cookie cutter conformists. “We’re warriors, dammit!” was a phrase my old CO used—let warriors be warriors! Scrap time in grade and promote based on performance, and if folks don’t perform well enough to be promoted, separate them from service.

Robert Frost said good fences make good neighbors; well a good deterrent makes good neighbors, too—but fences and deterrence costs money. DoD can and must do better; business as usual is becoming a death of a thousand paper cuts for us, and our allies. We need a real strategy and the budget to make it happen—that won’t happen with our current acquisition rules. The axe should fall on the Pentagon procurement bureaucracy before it touches a single line unit.

America is better than this, we must raise the standard by bringing DoD into the real world of fiscal responsibility and contract law, so whatever our strategy it can have a sound fiscal and legal foundation.

R2P is in the news while I slowly and laboriously wind my way through writing the next edition of the R2P is the New COIN series.

LATimes – R2P and the Libya mission:When does ‘responsibility to protect’ grant countries the right to intervene?

The Palestinian bid for statehood and traffic congestion weren’t the only things going on in New York last week as the 66th U.N. General Assembly convened. One of the issues privately discussed by foreign ministers at the United Nations was the “responsibility to protect,” or R2P. This concept was central to the U.N. mandate to protect civilians in Libya, which led to NATO‘s aerial involvement there. As the dust settles in Tripoli, it has become necessary to refute a powerful myth that has developed among some pundits and politicians. That myth is that R2P bestows “the right to intervene” in Libya.Even though R2P features in just two paragraphs of the 40-page “outcome document” of the 2005 U.N. World Summit, historian Martin Gilbert has suggested that it constituted “the most significant adjustment to national sovereignty in 360 years.”R2P’s core idea is that all governments have an obligation to protect their citizens from genocide, war crimes, ethnic cleansing and crimes against humanity. It is primarily a preventive doctrine. However, R2P also acknowledges that we live in an imperfect world and if a state is “manifestly failing” to meet its responsibilities, the international community is obligated to act. It is not a right to intervene but a responsibility to protect.

The distinction is not diplomatic artifice. After the 1994 Rwandan genocide and the 1995 massacre in the Bosnian town of Srebrenica, the international community resolved to never again be a passive spectator to mass murder. Still, it would not have been surprising if R2P had quietly expired after 2005. The United Nations, after all, can be a place where “good ideas go to die.” Instead, within the U.N. the debate now is about how R2P should be meaningfully implemented, rather than whether such a responsibility exists….

If I were the House Chairman of the Foreign Affairs Committee or the Senate Armed Services Committee, I sure would like to know what those foreign ministers and especially our SECSTATE or UN Ambassador were saying about R2P! I might even suggest that,  in televised hearings, that before the US endorse or adhere to any newly fashionable concepts of sovereignty, the elected representatives of the people of the United States should be informed and consulted.

Simon Adams, like most commenters in the R2P debate, is focused on the impact an R2P doctrine as part of international law would have on military intervention, especially the frequency of American military intervention. This is reasonable because, logically, R2P implies much larger burdens and more frequent interventions overseas. But the flip side, if you look at the implication of “new sovereignty” as articulated by Dr. Slaughter, are changes to how we as Americans govern ourselves, transfers of power and authority to unelected officials, private interests and even foreigners, as well as  limitations on democratic consent.

[Limitations on the democratic consent of the unwashed masses seems to be popular lately with the political elite]

Speaking of Anne Marie Slaughter, she recently penned a curious op-ed about Afghanistan that is not a retreat from R2P, but comes across as at least a step back from seeking maximalist policy objectives with military force, in the face of messy realities:

Where the Afghanistan effort broke down

….For a long time I was convinced that the NATO intervention in Afghanistan could be successful at building a functioning Afghan government that would provide basic services to its citizens. My views were largely shaped by my regular conversations with my long-time friend Sarah Chayes, who lived in Kandahar for much of past decade running first a dairy cooperative and then a soap and fragrance business with Afghans. We were failing, in her view, because of the high NATO tolerance for the cancerous corruption that was sucking the life out of the country, starting at the top. Her book Punishment of Virtue tells the tale, describing how Afghans genuinely committed to rebuilding their country have been systematically driven out or killed by their compatriots who are profiting from the enormous in-flux of money and opportunity that inevitably accompanies large-scale Western intervention in a poor country. She thought, and I agreed, that the U.S. had had an opportunity to help rebuild a very different Afghanistan immediately after the invasion, and that it was still possible to empower the good guys if we were really willing to take on the bad guys profiting at the local, regional, and national level.

Over the past two years, I have reluctantly changed my mind. I have come to believe that where the problem is a predatory state, which the very presence of massive Western resources tends to fuel, it is essentially impossible for outsiders to spur or even effectively support a process of reform from within when we are a big part of the problem by being there in the first place. Stewart makes the argument succinctly and effectively: “the international community necessarily [lacks] the knowledge, the power, and the legitimacy to engage with politics at a local provincial level.”

I would add a much more personal dimension, one that is consistent with a 21^st century focus on social actors and social relations as well as on governments and inter-governmental relations. The “international community” does not engage with Afghans. Individual men and women (mostly men) do. Those individuals – diplomats, soldiers, development professionals – develop personal relationships with Afghan officials at the national, provincial, and local level. They have to work together on common programs; moreover, the Americans or Europeans are doing their best to cultivate personal relationship in part to garner exactly the knowledge they know they lack. But once those relationships are established, how exactly is a general or a captain, an ambassador or a political counselor, a USAID Mission Director or a field development expert supposed to turn to his or her Afghan counterparts and interlocutors and explain that they should really stop taking bribes and looting the funds intended for their fellow Afghans? And once the denial is issued, as of course it must be, then what?  Accuse him or her of lying? The problems that are most central cannot even be talked about honestly. They are always someone else’s fault. But if they cannot be acknowledged, they cannot be resolved.

It is at this micro-level that policies must actually be implemented. And it is at this level that I conclude state-building military interventions are much more likely to fail than to succeed.

Slaughter, in my view, is more insightful with her empirical analysis of the granular mechanics of international relations than the theoretical and especially legal constructs she builds from them. Military force is a blunt instrument; whether you approach it from a Clausewitzian perspective or one partial to Sun Tzu, the ability to extract desired political concessions with violence – to compel the enemy to do your will – becomes more difficult and costly as your ends are at once both expansive and “fine-tuned”. We transformed and fine-tuned the societies of defeated Nazi Germany, Fascist Italy and Imperial Japan, but only after waging the greatest  total war since the Mongols sacked Persia. Bismarckian strategic talent to accomplish major ( but not maximalist) strategic goals at reasonably affordable ( but not cheap) costs is an extreme historical rarity.

Finally, Dan Drezner has re-engaged Slaughter on the point of networks in international relations and politics:

Do networks transform the democratic political process?

….As a social scientist, I must acknowledge that this is a powerful prima facie data point in favor of Slaughter.

And yet, it’s worth pushing the NYT thesis a bit. What happens when the coalition of like-minded individuals stop being of like mind? These sorts of protests can be very powerful on single-issue questions where a single policy change is desired. Maintaining this level of activism to affect the ongoing quotidian grubbiness of politics, however, is a far more difficult undertaking. Even if people can be mobilized behind the concept of “Policy X is Stupid!” getting the same consensus on “Policy Y is the Answer!” is harder. Over time, these kind of mass movements have an excellent chance of withering away or fracturing from within. See, for example, the Tahrir Square movement in Egypt.

Another thing, and this is important: unless the people in these movements actually vote in elections, then their agenda will be thwarted in the long run. Even if these kinds of networked movements are new, the political imperative to get elected and re-elected is not. If they don’t vote, then officials have a pretty powerful incentive to curry favor with the people who do vote, don’t take to the streets and don’t like these young whippersnappers with their interwebs have different policy preferences.

On the transformative nature of networks, I think Slaughter is, in the big picture, correct that scale free networks are different from hierarchies in important behavioral and structural ways. RAND scholar David Ronfeldt, a friend of this blog, has a paper that I would strongly recommend that looks at the sociopolitical nature of  tribes, hierarchies, markets and networks that has great relevance to this discussion. Drezner’s counter-point to Slaughter has traction because although networks are powerful, it is a matter of comparative advantage over other social forms in certain environments, but not all environments.

Moreover, a lot of what Slaughter is calling “networks” – especially the “governmental networks” that occur in and within IGOs are really organizations with the characteristic of modularity and are not naturally emergent scale free social networks like your twitter follower list. Secondly, networks have weaknesses as well as strengths and history is replete with networks – like political and social protest movements, peasant rebellions and revolutionary conspiracies – that were unceremoniously and thoroughly crushed by the power of ruling hierarchies. Third, and most important, the de facto existence of  tacit, dynamically evolving, social networks as political movers to be taken seriously is not itself a good reason to grant them de jure status in international law as legitimate, authority-wielding, actors.

In fact, I can think of many good reasons not to do so.

[Belated hat tips to Cheryl Rofer, Bruce Kesler, David Ronfeldt]

Are the Mata Zetas an open source counterinsurgency of loyalist paramilitaries, a “black hand” of frustrated state security personnel or an embryonic cartel?

Mexico Fears Rise of Vigilante Justice

MEXICO CITY-A self-styled drug-trafficking group calling itself the “Zeta Killers” claimed responsibility this week for the recent murders of at least 35 people believed to belong to the Zetas, Mexico’s most violent criminal organization.

The claim by the “Mata Zetas” has stoked fears that Mexico, like Colombia a generation before, may be witnessing the rise of paramilitary drug gangs that seek society’s approval and tacit consent from the government to help society confront its ills, in this case, the Zetas.

On Wednesday, Mexico’s national security spokeswoman Alejandra Sota vowed in a statement that the government would “hunt down” and bring to justice any criminal group that takes justice into its own hands.

….”Our only objective is the Zetas cartel,” said a burly, hooded man who said he was a Mata Zetas spokesman, in the video. The man said that unlike the Zetas, his group didn’t “extort or kidnap” citizens and were “anonymous warriors, without faces, but proudly Mexican” who would work “clandestinely” but “always to benefit Mexico’s people.”

The mysterious group appears to be part of the New Generation drug cartel, which operates in the northwestern state of Jalisco, according to an earlier video that showed some three dozen hooded men brandishing automatic rifles as a spokesman vowed to wipe out the Zetas in Veracruz. In that video, the spokesman lauded the work of the Mexican armed forces against the Zetas, and urged citizens to give information on their location to the military.

Given the small size and relatively meager investment in Mexico’s military, compared to it’s GDP, the endemic corruption of the Mexican police and judiciary, the scale and firepower of the cartels and the degree of violence unleashed, the real surprise is that paramilitary activity has not arisen sooner. Assuming that the Mata Zetas are a genuine, emergent, grassroots paramilitary group ( something that Mexico’s corrupt political elite would find more threatening than the narcos). Too soon to tell.

It is difficult to see how the Mexican state, left to it’s own resources, can regain the initiative in Mexico against the cartels without either adopting tactics similar to those employed by Colombia to beat back FARC and ELN or engaging in a military mobilization sufficient to create a crushing advantage in manpower.

ADDENDUM:

SWJ Blog – Mexican Cartel Strategic Note

Part II.

This is the second part of  a series analyzing Anne-Marie Slaughter’s ideas about “Responsibility to Protect” doctrine, based on her Stanford Journal of International Law article, “Sovereignty and Power in a Networked World Order“, to better understand and critique the assumptions on which R2P rests. The topic will be Dr. Slaughter’s uses and conceptualization of “Authority” as it relates to international law and state sovereignty.

Slaughter is particularly concerned with sovereignty and redefining it in international law so that national sovereignty is in harmony with R2P and other au courant academic concepts of “global governance” that are outside the scope of this post. While much of Slaughter’s paper relates to description of empirical trends in the behavior of regulatory bodies in transnational and IGO networks or works of theory, for R2P or “new sovereignty” to be meaningful, it has to be expressed as a legal argument. Furthermore, that legal argument for R2P/new sovereignty must gain acceptance by being expressed by source(s) or forms that a majority of the international community regards as authoritative and binding.

To the unininitiated, international law as a field is something of an intellectual wonderland that bears little resemblance to how positive law functions judicially inside of a sovereign state. First, there is no Hobbesian global leviathan that can enforce international law. The UN is not the “parliament of man” and neither the World Court nor the International Criminal Court can directly compel sovereign states to do anything, and sovereigns retain considerable discretion of interpreting for themselves what international law means and requires them to do or not do. International law theory therefore bears greater resemblance, at times, to mediating theological disputes than it does to the kind of law cases people ordinarily encounter.

International law is most accurately described as a body of competing centers of legal authority that possess varying degrees of legitimacy and that attract voluntary compliance ftom state actors, including: binding international covenants, customary international law, precedent, rulings from internationally sanctioned institutions like the UNSC, the World Court, the WTO or the Red Cross and the consensus of government officials and experts in in international law. These do not all have equal authority or legitimacy – a clause in the Geneva Convention, a UNSC resolution or a concept like “diplomatic immunity” carries more legal weight in international law than an informal but common diplomatic practice or the opinion of a faction of law professors. The ambiguity and heterogeneous nature of international law leaves a lot of room for scholarly debate, litigation, for officials to “shop for opinions” and for ambitious ideologues to push novel theories as allegedly natural extensions of existing jurisprudence.

Slaughter’s legal justification for R2P and redefined sovereignty are in section II. where she leans primarily upon the authority of the ICISS ( International Commission on Intervention and State Sovereignty). As I am examining the ICISS section, I will break up the quoted text with comments:

….On the humanitarian side, Kofi Anana issued a challenge to all UN members at the opening of the General Assembly to “reach consensus – not only on the principle that massive and systematic violations of human rights must be checked, wherever they take place, but also on the ways of deciding what action is necessary, and when, and by whom.” In response to this challenge, the Canadian government, together with a group of major foundations, established the International Commission on Intervention and State Sovereignty (ICISS), headed by former Australian Foreign Minister Gareth Evans and Special Adviser to the UN Secretary General Mohamed Sahoun, and composed of a distinguished group of global diplomats, politicians, scholars and nongovernmental activists….

The ICISS has genuine, but very trivial, legal stature, having been brought into being by a single (!) member state of the UN and some very powerful and wealthy left-liberal American philanthropic foundations including the  Carnegie Corporation of New York, the William and Flora Hewlett Foundation, the John D. and Catherine T. MacArthur Foundation, the Rockefeller Foundation, and the Simons Foundation. The governments of the UK and Switzerland also gave financial support to the ICISS.  Politically, while the commissioners were prominent center-left statesmen, the ICISS advisory board tilted further to the international Left and toward elite “neoliberal” politicians. The ICISS was approximately as politically and philosophically balanced as would be an international small arms control commission composed entirely of members of the NRA.

The ICISS by itself is thin gruel in terms of legal authority, but has just enough substance to be legitimately served up on the table.  Once the foot was in the door, advocates for R2P were, over time, able to get it into the 2005 World Summit Outcome Document (again, relatively minor in itself, but an additional precedent) and, more substantially, into UNSC Resolution 1674. Much like sediment, a new theoretical concept has to lay down legal particulates in order to become a durable and freely recognized part of international law by sovereigns. That kind of autonomous judgment by sovereigns is something R2P advocates would like to sharply curtail.

….In December 2001 the ICISS issued an important and influential report, “The Responsibility to Protect“, which essentially called for updating the UN Charter to incorporate a new understanding of sovereignty.

Dr. Slaughter has a gift for understatement. “Incorporating a new understanding of sovereignty” means irrevocably changing national sovereignty as the term has been traditionally defined and understood. This is not exactly a minor ambition in international relations, which is one reason why I tend to regard Anne-Marie Slaughter as a revolutionary or radical IR theorist and not as a “neoconservative”, as she is sometimes accused of being by left-wing ideologues. Slaughter expounds further:

….The ICISS seeks to change the core meaning of UN membership from “the final symbol of independent sivereign statehood and thus the seal of acceptance into the community of nations” to recognition of a state as a responsible member of the community of nations.” Nations are free to choose or not not to sign the Charter: if they do, however, they must accept “the responsibilities of membership” flowing from their signature. According to the ICISS, “There is no transfer or dilution of state sovereignty. But there is a re-characterization involved: from sovereignty as control to sovereignty as responsibility in both internal functions and external duties.

[emphasis in original] 

That’s the kind of “re-characterization” that George Orwell’s Winston Smith regularly undertook in his job at the Ministry of Truth. To where or to whom does the political locus of control then move? Cui bono?( Hint: read Slaughter’s fifth section).

“Sovereignty as responsibility” implies duties or obligations rather than decision making power and, indeed, earlier in section II, Slaughter uses the phrase “conditional social contract” in the introductory paragraph. Slaughter’s ICISS derived social contract however is not Lockean in nature, formed by and with the consent of the governed, but is instead drawn by the state from the collective authority of the community of nations and sovereignty is manifested to the degree with which the state is interactive and interdependent and has “the capacity to participate in international institutions of all types”. A community not just of nations, but one that is extended and buttressed by being interwoven by transnational, quasi-independent, “governmental networks” of former and current politicians and bureaucrats

If you are thinking that this formula shifts political authority and power away from a state and the popular sovereignty of it’s citizens and toward a vaguely defined, supranational community, you would be absolutely correct. Drawing on the theories of Abram and Antonia Chayes, Slaughter, argues that the connectivity and interaction of the modern international system is such that “sovereignty as autonomy makes no sense”.

Such a position requires a healthy contempt for the consent of the governed as well as a childlike faith in the wisdom, integrity and basic competence of a superempowered technocratic elite.

To continue:

….Internally, a government has the responsibility to respect the dignity and basic rights of it’s citizens; externally, it has a responsibility to respect the sovereignty of other states.

Further, the ICISS places the responsibility to protect on both the state and on the international community as a whole. The ICISS insists that an individual state has the primary responsibility to protect individuals within it. However, where the state fails in that responsibility, a secondary responsibility falls on the international community acting through the United Nations. Thus, where a population is suffering serious harm, as a result of internal war, insurgency, repression or state failure, and the state in question is unwilling or unable to halt or avert it, the principle of non-intervention yields to the international responsibility to protect.

As Slaughter is redefining sovereignty as the “new sovereignty” of interactive capacity championed by Chayes and Chayes, “respecting the sovereignty of other states” probably does not mean “non-interference in the internal affairs of other states”. Interference (albeit not necessarily military intervention) might be the natural default position from using the premise of “sovereignty as responsibility” or as a “capacity to participate”. Hey, we aren’t intefering in your elections, your economy or your social system – we’re just “harmonizing” (Slaughter’s term) your laws and regulations and increasing your capacity to participate!

One wonders what aspects of American life that R2P advocates see as being most in need of international harmonization?  That’s a subject we can take up in future posts, but in terms of military intervention and R2P, a few comments in regard to international law as well as “capacity to participate”:

First, under current international law, the legitimate pretexts for military intervention largely revolve around the right of self-defense or disturbance of international peace, as recognized by the UNSC.  While this is a fairly narrow set of pretexts, in practice they are sufficiently flexible to address most scenarios of violent conflict without also justifying military aggression bent on conquest. What was lacking in Rwanda and the Balkans during the 1990’s were not legal rationales for military intervention but political will among the great powers to do so.  I see little evidence that R2P would carry greater moral or legal weight with state decision makers to compel them to undertake major military interventions out of altruism than does the Genocide Convention (which unlike R2P, as an international covenant, is an inarguably solid part of international law). Or, for that matter, the emotional pull of horrifying media imagery of dying children.

Secondly, by greatly broadening the scenarios under which military intervention is allowed under international law, R2P incentivizes such conduct primarily where doing so is inexpensive and will further national interests rather than in the worst cases, like Rwanda, where they are expensive and risky while yielding no tangible benefits. The global military capacity to intervene is finite and instead of doing triage, statesmen will go for the low-hanging fruit in a now much larger set of cases for potential intervention. If R2P were taken seriously, North Korea, Burma, Congo, Somalia, Syria and perhaps Yemen would be ahead in line for intervention before Libya. 

Thirdly, in terms of “capacity to participate”, the net global capacity for military intervention is overwhelmingly American and the logistical ability to sustain a major military intervention for more than a few weeks is a complete American monopoly. On pragmatic grounds, R2P will never work orchestrated in so lopsided a fashion of “America and some of the West vs. the Rest”. Nor will not be politically tolerated by either the American public or most of the world’s population. Or by Beijing’s steely-eyed rulers, who would have to bankroll this catalogue of expeditions because America no longer can afford to do so. Perhaps we can put “R2P” on our tin cup and get a better interest rate.

Even acting as benignly-intended peacekeepers, the potential scale of R2P vastly exceeds our will, our wallet and our welcome.