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Global Insecurity
Futures of Global Chaos and Governance
Editors
Anthony Burke Rita Parker
UNSW UNSW
Canberra, Australia Canberra, Australia
v
CONTENTS
1 Introduction 1
Anthony Burke
4 Post-human Security 65
Erika Cudworth and Stephen Hobden
vii
viii CONTENTS
Index 369
LIST OF TABLES
xi
CHAPTER 1
Introduction
From Collective to Global Security
Anthony Burke
This is a book about the nature of global insecurity today and our collec-
tive international efforts to address it through what can be called ‘global
security governance’. Reflecting a broadening of the security agenda in
both International Security Studies (Buzan and Hansen 2009), and in
major institutions such as the United Nations (UN) and the US
Department of Defense, its chapters analyse contemporary patterns,
sources, and symptoms of security – from climate change to gender,
geopolitics, and genocide – and critically assess the institutional and policy
responses of states and other key actors at multiple levels, from national
capitals to global institutions. An important concern of the book is to
highlight how important forms of insecurity and threat now have wide-
spread range and sources beyond particular states and regions: to, in many
cases, the global and planetary levels. They also have a temporal scale that
is not often appreciated, having roots in past processes and effects that will
extend for hundreds and thousands of years, shaping the lives of many
future generations. The insecurities represented by phenomena such as
A. Burke (*)
International and Political Studies, University of New South Wales, New South
Wales, Australia
e-mail: a.burke@adfa.edu.au
Burke et al. 2016). While this would no doubt be a complex and radical
reform, the UN’s 2030 Agenda for Sustainable Development, with its 17
Sustainable Development Goals (SDGs), recognises the indivisible and
globally interconnected nature of development, security, human rights,
and ecological protection. When it was adopted in September 2015 the
General Assembly declared that ‘we are resolved to free the human
race from the tyranny of poverty and want and to heal and secure
our planet . . . to shift the world onto a sustainable and resilient path’
(UN A/RES/70/1). However, the governments of the world propose
to pursue this ‘supremely ambitious and transformational vision’ within
the current architecture of the UN and the international society of states
(United Nations 2015: 3, 28–35). Whether they can realise such a vision
within the current structure and dynamics of international order is a
matter of some doubt that demands significant, and critical, debate.
Hence, on the other hand, such a focus on the global and planetary
scale of insecurity raises profound questions of global will, capacity, nor-
mative and political conflict, and structural and institutional design. As we
write, in mid-2016, the United Nations Security Council was utterly
paralysed over a brutal and inhuman civil war in Syria that had taken
over 200,000 lives and created 10 million displaced persons. It was just
one of many long-running conflicts that international society was strug-
gling to resolve and ameliorate, while the militaries and intelligence agen-
cies of multiple states fanned the flames. Europe and the Middle East were
facing the worst refugee crisis since the Second World War, and largely
failing to deal with asylum seekers in ways that respected their human
rights or the deep insecurities that drove them to flee. Despite (or possibly
also in part because of) the prosecution of the global war on terror since
2001, casualties from terrorist attacks had seen a ninefold increase to a
high of over 32,000 deaths in 2014 (Global Terrorism Index 2015: 2).
Less than a decade after the Wall Street crash caused tens of trillions of
dollars in wealth to disappear, global economic recovery remained weak,
and poverty and economic inequality was increasing, creating a profound
barrier to economic and social recovery (Obstfeld 2016; Dabla-Norris
et al. 2015). At the same time, serious questions were being raised about
the viability and sustainability of a global growth model driven by con-
sumerism and financialisation using the energy provided by the burning of
fossil fuels, raw materials provided by environmentally and socially destruc-
tive mining activities, and food produced in ways that stress ecosystems
and enslave and immiserate animals (Klein 2015; Hamilton 2010).
6 A. BURKE
refers not just to ‘how states have established norms, laws, and institutions
to help them engage in collective action and create order’ but also to how
‘other actors, including [international organisations], transnational cor-
porations, non-governmental organisations, and new kinds of networks’
combine with states to create complex (and sometimes competing) sys-
tems of interaction and governance of particular international and global
problems (Barnett and Sikkink 2008: 63–64).
Three key issues arise in the global governance of security. The first
is about architecture and levels of governance. How integrated are
these levels and architectures, and if they lack integration, why? The
second is about normative pluralism in global governance: the question
of what global security governance is for. Can the world manage and
cope with deep normative conflict about what the fundamental ends
and purposes of global governance are – especially when they fracture
organisations that need to be organised around a common goals, such
as the UN? Or must they be harmonised if global security is to be
genuinely advanced? The third relates not only to these questions of
norms, but also to very real questions of whether we are missing and
failing to address serious and actual forms of insecurity, such as gender-
related insecurity, ecological degradation and climate change, the rights
and agency of children, refugees and asylum seekers, and the interests
of smaller and less powerful states. How do the key actors in global
security governance understand security? Do they see security as being
about coercion and power, as something that cannot be shared with
others but must be achieved against them, or do they see it in shared
and cooperative ways? What kinds of problems, threats, and challenges – and
to whom and what – are subsumed under those practical understandings
of security? All of these questions combine in the actual practice of global
security governance.
The global governance of security takes three major architectural forms:
firstly, bilateral or multilateral strategic alliances, which are usually focused
on military and intelligence cooperation and common defence; secondly,
regional security organisations and treaties that are being seen as increas-
ingly important and as conduits for normative pressures on their member
states (Aris and Wenger 2014); and, thirdly, the UN system, which
combines international law, numerous treaties, and cooperative enforce-
ment and management arrangements, and its key bodies such as the
General Assembly and the Security Council (Thakur 2006; Price and
Zacher 2004). These levels interact and coalesce with a range of less
8 A. BURKE
ecological protection, human rights, and social inclusivity; and it set a goal
for the elimination of poverty and achievement of genuinely environmen-
tally sustainable economic growth. It recognised that ‘the survival of many
societies, and the biological support systems of the planet, is at risk’ and that
these are issues central to global security: ‘sustainable development cannot
be realised without peace and security; and peace and security will be at risk
without sustainable development’. Importantly, the General Assembly
affirmed, against the widespread warehousing and coercive exclusion of
refugees, that ‘we will cooperate internationally to ensure safe, orderly and
regular migration involving full respect for human rights and the humane
treatment of migrants regardless of migration status, of refugees and of
displaced persons’ (United Nations 2015: paras. 9, 13, 14, 35, 29).
The normative goals and analytical framework of the 2030 Agenda
reflect, at least in part, many of the most innovative and progressive
theories of security: Mary Kaldor’s ideal of global security based on
‘global social justice’ and the ‘international rule of law . . . based on
cosmopolitan principles’; Ken Booth’s vision of ‘global governance
becom[ing] a community of emancipatory communities . . . above and
below the state’; Jacqui True’s call for the structural transformation of
political economies to underpin the security of women and sustain non-
violent societies; Audra Mitchell’s call to secure the ‘worlds’ that
‘humans co-constitute with diverse nonhuman beings’; and Anthony
Burke’s call for ‘all actors and institutions’ to ‘advance the global
security of humanity and ecosystems without bias or discrimination’
and thus sustain ‘the entire mesh of planetary existence and life’
(Kaldor 2007: 98; Booth 2007: 141–142; True 2012: 184; Mitchell
2014: 5; Burke 2013: 24, 2016: 148–152).
Similarly innovative, future-directed, and progressive thinking to
address the weaknesses of global security governance is visible throughout
this book. Joseph Camilleri argues for new integrated modes of policy that
combine ‘whole of government’ and ‘whole of society’ approaches that are
far more democratic, responsive, and accountable. Jacqui True and Maria
Tanyag highlight the need to ‘challenge and overhaul underlying struc-
tures of political, social and economic inequality’. Simon Dalby asserts that
we must collectively ‘build a solar powered civilisation quickly so as to
secure the future relative stability of the biosphere’, which ‘may require
more drastic social changes than either traditional political or new govern-
ance agendas usually contemplate’. Taking a slightly different tack, Mary
Pettenger, Erica Cudworth and Stephen Hobden, and Sara Davies,
14 A. BURKE
its role in promoting international peace and security, Alex Bellamy, Rita
Parker, and Anthony Burke, respectively, argue for voluntary restraint on
the use of the great power veto, the adoption of robust and transparent
accountability measures, reform of its membership that avoids entrenching
more destructive power politics, and a broadening of its understanding of
international peace and security to take in the holistic understanding of
global vulnerability that has been so prominent in General Assembly
meetings over the last decade.
The 2030 Agenda for Sustainable Development stands as the acme of
global institutional thinking about the complex integration of economic,
ecological, justice, and security systems, and it could well be one of the
most important documents that the international society of states has ever
produced. Yet there is also a vast gulf between aspiration and action. A
reading of the chapters in this book will demonstrate how far the world is
from being organised, normatively or institutionally, to achieve the goals
that the Agenda sets out as the conditions for our common survival.
However, this book provides timely analysis and creative thinking that
deserves to be part of the conversation about how, collectively, we can find
our way there.
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1 INTRODUCTION 17
Joseph Camilleri
J. Camilleri (*)
La Trobe University, Melbourne, Australia
e-mail: J.Camilleri@latrobe.edu.au
Every day, civilians – ordinary women, men and children – are being
deliberately or recklessly injured and killed, tortured and abducted. Every
hour, people in dire circumstances are being denied the medical care, food,
water and shelter they need to survive . . . International humanitarian law is
being flouted on a global scale. The international community is failing to
hold perpetrators to account.
2 INSECURITY AND GOVERNANCE IN AN AGE OF TRANSITION 33
At one end of the spectrum are the threats posed by climate change and
nuclear weapons, which are widely understood to carry planetary implica-
tions. These and related developments have prompted many in the scien-
tifically engaged community to posit the advent of the ‘Anthropocene’, a
term used to denote the present period in which many geologically
significant conditions and processes are said to be profoundly altered
by human activities (Crutzen and Stoermer 2000). Even if we managed
to avoid a major nuclear exchange or to limit the average global surface
temperature increase to 2°C – and there can be no certainty that we will
succeed in either endeavour – humans have as of now directly affected
some 83 per cent of the planet’s viable land surface. They have impacted
everything: from the makeup of ecosystems to the geochemistry of the
earth, from the atmosphere to the oceans.
At the other end of the spectrum are the many local but highly
destructive conflicts which have become a defining feature of the post-
Cold War landscape. These are conflicts which defy the traditional
characterisation of inter-state conflicts, that is to say, conflicts waged
between the armed forces of two or more sovereign authorities.
Invariably they are fought within supposedly sovereign jurisdictions, in
which the security apparatus of a given state is pitted against an assort-
ment of subnational and transnational organisations and networks, of
which ethnonationalist movements and terrorist groups are perhaps the
most striking instances.
Between these two ends of the spectrum is a multitude of other security
challenges spanning diverse spatial and social terrains, actors, and mod-
alities, all of which in different ways and to different degrees interact and
amplify the globalisation of insecurity. It follows that the response, to be at
all effective, must encompass diverse stakeholders and perspectives and so
pave the way for a whole-of-society and whole-of-governance approach.
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agency of states, has built over time an elaborate multilateral legal and
institutional framework designed to provide opportunities for the plurality
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including the commitment to peace as a primary norm of international
law and such notions as peacekeeping and peace-building, universal
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most recently the ‘responsibility to protect’. Though impressive,
2 INSECURITY AND GOVERNANCE IN AN AGE OF TRANSITION 35
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40 J. CAMILLERI
J. True (*)
School of Social Sciences, Monash University, Melbourne, Australia
e-mail: jacqui.true@monash.edu
M. Tanyag
Monash University, Melbourne, Australia
e-mail: maria.tanyag@monash.edu
receiving countries (Elias 2013; Elias and Rai 2015). But as many studies
document, the decision to seek employment overseas is strongly influ-
enced by gendered expectations that these women need to fulfil so as to
ensure that their families survive economically (see, for example, Parreñas
2003; Yeates 2009). And yet, hegemonic norms on masculinities particu-
larly ideals of men as protectors and breadwinners underpin men’s and
boy’s experiences of violence and insecurity too. For instance, the male
breadwinner stereotype is rendered fragile through neoliberal restructuring
processes, and in crisis contexts in many states. Economic changes may
mean that ‘men may be unable to find alternative employment to provide
incomes that fulfill their visions of themselves as breadwinners. They may
react violently against women and children in the home and in public
spaces, compensating for the loss of economic control’ (True 2012, p. 41).
Finally, feminist reconceptualisation of the continuum of violence from
the standpoint of women reveals the workings of patriarchal structures
that engender insecurities from the household to international politics
(Enloe 1989, 2000; True 2012). Cynthia Cockburn (2010, p. 140)
argues that
which allow labour to be only valued in certain respects and not others
(Hoskyns and Rai 2007, p. 315).
The devaluing of social reproduction also casts women as not consti-
tuting ‘real’ workers which places them in precarious employment as
‘cheap labour’ in the global economy. Women especially factory and
domestic workers have been among the most vulnerable to violence and
exploitation (Elias 2013; Parreñas 2003; Yeates 2009). Similarly, occupa-
tions associated with social reproduction are either not considered ‘work’
or looked down upon because it is represented as not requiring skills or
‘technical’ knowledge (Safri and Graham 2010; Barber 2011; Chin 1998).
Such devalued conditions, which feminist political economy analysis
reveals, gradually harm the health and well-being of women including
the households and communities which depend on their labour. The
human costs are exacerbated under situations of crisis but are nevertheless
engendered in everyday life (Elias and Rai 2015).
The second component relates to unpacking the causal role of the
contemporary global political economy – particularly neoliberal political
economic state transformations – in engendering violence. This involves
critically examining the contextual ways by which neoliberal globalisation is
(re)structuring the household, and how the household is co-constructing
the global economic order (Waylen 2006; Bedford and Rai 2010; Peterson
2003). For instance, gender is increasingly a focal point for global govern-
ance given how gender balance serves as an indicator of economic competi-
tiveness, and state modernisation (Prügl and True 2014; Towns 2010).
This is evident in the recognition of women as key economic actors by the
World Bank and multinational corporations such as Nike (see Calkin 2016).
And yet, the co-optation of women is juxtaposed against their continued
exclusion from key economic decision-making bodies such as in corporate
boardrooms, national economic bodies on macro-economic policy, foreign
investment, trade, and taxation (Prügl and True 2014). Their absence in
these key areas consequently underpins the lack of economic contributions
to support social reproduction, which is the basis for sustaining women’s
health and well-being at the household and community levels. The relation-
ship between the state and economy as a site for oppression and insecurity is
relevant for reconceptualising global violence because ‘gendered economic
structures determine the limits and the possibilities of politics, including
security politics, whereas politics is the principal means through which
markets are established and transformed’ (True 2015a, p. 423). The state
and global economy, thus, reinforce one another in the production of
50 J. TRUE AND M. TANYAG
been at the heart of authoritative struggles over claims on how society and
the roles and relationships within it ought to be (Yuval-Davis and Anthias
1989; Yuval-Davis 1997). As Nira Yuval-Davis argues, ‘gender relations are
at the heart of cultural constructions of social identities and collectivities as
well as in most cultural conflicts and contestations’ (1997, p. 39).
Drawing once again the connections across different levels of analysis,
feminist political economy reveals how individuals, states and other collec-
tivities are gendered. As Cynthia Enloe puts it, ‘to operate in the interna-
tional arena, governments depend on ideas of masculinised dignity and
feminised sacrifice to sustain their sovereignty’ (1989, p. 197). Processes of
war and militarism constantly rely on and mobilise gendered discourses to
ensure the complicity of men and women. Furthermore, the state especially
in situations of crisis is constructed as and legitimated through its projected
image of masculine roles such as the patriarchal provider of the family and
protector writ large to citizens especially women and children within and
outside of its borders (True 2015a, p. 420). Masculinities and femininities
are also deeply implicated in SGBV as these discourses serve to enforce
relations of domination and subordination. Sexual violence has been stra-
tegically used to subjugate enemies as a way of rendering them symbolically
‘feminine’, weak or inferior (Enloe 2000; Yuval-Davis 1997). Indeed, the
significant under-reporting of rape and sexual violence for men and boys
indicates how effectively traumatising and degrading such acts especially in
violating their masculine agency and political identity (Davies and True
2015b, p. 8; Cockburn 2010). Lastly, in the context of humanitarian crises,
these discourses taint relief efforts in terms of gendered assumptions per-
taining to the ‘head of household’ or ‘ideal aid recipients’. Privileging male
members of the family unquestioningly assume that they are innate pro-
tectors of the family. Still, in some cases when female members are con-
sidered primary recipients but without taking into account how this
treatment alienates and threatens the masculinity of male members,
women’s vulnerability to violence may be further exacerbated (True 2012).
States must recognize and take measures to rectify entrenched social norms
and power structures that impair the equal exercise of their right, such as the
impact that gender roles have on the social determinants of health. Such
3 GLOBAL VIOLENCE AND SECURITY FROM A GENDERED PERSPECTIVE 57
CONCLUSION
In this chapter, we have reconceptualised global security by emphasising
the gendered structural inequalities underlying vulnerabilities to violence
and conflict, often referred to as ‘the continuum of violence’ across peace
and war or conflict. Drawing upon the critical work by feminist scholars
and activists, the chapter offers an alternative framework for how we might
view and assess the gendered insecurities affecting women and girls but
also men and boys, though not addressed fully here. Our discussion
emphasises a transformative agenda, which illuminates upon the connec-
tions between women’s health and well-being in the household, their
ability to fully participate in political and economic decision-making out-
side the household and the achievement of sustainable peace and security
at community, national, and global levels. Crucially, feminist political
58 J. TRUE AND M. TANYAG
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62 J. TRUE AND M. TANYAG
Post-human Security
Since the early 1990s, the non-human has emerged as a significant ele-
ment in discussions of ‘global’ security with respect to the development of
the notion of ‘environmental security’ (Dalby 2002, 95). This has been a
significant departure from traditional security studies wherein the referent
of security is the nation state. Yet those who have engaged with the
concept of environmental security have seen it as problematic. Daniel
Deudney, for example, has argued that the use of the term ‘security’
links the environment too closely to questions of national survival
(Deudney 1990, 465–469). The broadening of the security agenda has
raised questions about what is being secured, and by and/or for whom,
and from what? Expanded notions of what constitutes security have also
led to the development of analyses which focus either on sub-state groups
such as communities or the individual (as in the concept of ‘human
security’); supra-state formations such as international organisations; or
the biosphere.
Our failure, at a civilisational, societal, and disciplinary level, some
suggest, is leading us towards some form of apocalyptic future, and
have not had sufficient capabilities to sustain sovereignty, let alone provide
security for their citizens.
That the state has not been able to secure its borders has also been
illustrated in the latter part of the twentieth century by the rise of concern
over environmental issues. Environmental issues are not constrained by
state borders. The existence of many Pacific Island states is, for example,
under threat due to rising sea levels. This is occurring despite the very
limited emissions of greenhouse gases in these states. At the same time, the
specific states under threat are not able to provide protection from events
that are occurring elsewhere.
Alongside the growing realisation that the state is not able to provide
security for its citizens has come a broadening of the security agenda. This
broadening has occurred in terms of referent object and in terms of issue.
Such a more expansive notion of security is closely associated with
the notion of Critical Security Studies (Krause and Williams 1997; Wyn
Jones 1999; Booth 2007) and the linked idea of human security. These
approaches have broadened the concept of security away from the state
level, so that the focus of security moves to the community or individual,
and have broadened the threats to security away from the purely military
to a range of issues such as food security or economic security. Alongside
these potential threats a move towards a less state focused approach
security has also allowed for a consideration of the environment as a
security issue. Yet the focus of such analyses is on the impacts that
environmental issues have on human existence. For example, the impacts
of drought on communities, or the disruption caused as communities are
uprooted, by, for example, soil erosion. The focus of expanded ideas
about security then remains on the human and, as with traditional
security thinking, depicts the human as in some ways separate from the
rest of nature.
would understand as more or less natural and more or less social phenom-
ena. Within these networks, non-human matter can be understood as
‘actant’. This is both a counter to human-centric prejudice, and reflects
our reality as one of the multitude of species situated in a range of
‘attachments’ on planet earth (Latour 2009, 72–84).
Latour’s Actor Network Theory (ANT) holds that agency may be
attributed to any object or ‘actant’, temporarily constituted by the emer-
gent web of ‘materially heterogeneous relations’ (Law 2009, 71). Here, as
with the vital materialist position, agency is inflated conceptually (so that it
becomes simply a capacity for action) and extensively (so that anything
that has an effect on something else is seen as an actant, from fishermen to
scallops). However, the difficulty with Latour is that in his broad sweep all
agency is understood as of the same quality. Both Latour and Bennett can
be seen as subscribing to a position of agential realism. Here, the agency of
matter, distributed across the world of ‘being’ makes up the beings, things
and relations of which our world is composed. In both hybridity and
vitalism, there is a tendency to horizontalism – relations are not understood
to exist in a context of hierarchies of power. The flat, non-hierarchical
networks for ANT cannot deal with power because it cannot make distinc-
tions between nature and society, or between humans, other animals,
plants and objects. In contrast we consider that, when theorising power,
we need such distinction between different kinds of being and objects in
the world; this enables us to recognise, for example, that distinctions such
as those between humans and all other ‘animals’ are forged through, and
continue to carry, relations of inequality and domination (see Cudworth
and Hobden 2015a).
More politically radical approaches are related to critical theory
(broadly defined) and associated with the various schools of political
ecologism which have problematised human-centred understandings of
the world. Within these there are a range of biophysical, philosophical and
political post-humanisms that centre on the relationships between human
beings, other species and the whole other worlds of ‘nature’, but are less
interested in our relations with ‘things’ than the work of ANT scholarship
or those identifying with new vitalism.
Some forms of ecologism and earth systems science have been read
as suggesting an anti-humanist form of post-humanism. An example here
would be the apocalyptic writing of earth systems scientist James Lovelock
(2009) about the irreversible harm we humans have now effected on our
planet and the extensive and (certainly for humans and other mammals)
4 POST-HUMAN SECURITY 71
death of the other on whom he relies, and therefore with his own death,
or with the abandonment of mastery, his failure and transformation’
(Plumwood 1993, 196). While Sachs advocates a de-development agenda,
Plumwood argues for a reconsideration of our place within the rest of
nature. Drawing on the political frameworks of indigenous Australian
and North American cultures, she argues for a non-colonial post-human
politics which develops a culture of belonging and community (as opposed
to a prioritisation of conquest and private property), and on flourishing
(to replace a Western obsession with wealth) (Plumwood 2002; see also
Salleh 1997).
An alternative perspective is one that we call ‘complex ecologism’
(Cudworth and Hobden 2011). It is committed to many of the insights
of political ecologism in trying to understand the current social forma-
tions of what, after Haraway (2003), we would call ‘naturecultures’. We
have used complexity theory with its notions of co-existing, interrelated,
multi-levelled systems to capture the ontological depth of relational
systems of social domination (of colonialism, capitalism, patriarchy,
and so on) and their intersections. Complex ecologism assumes the co-
constitution and co-evolution of social and natural systems in dynamic
configurations (Cudworth and Hobden 2011, 110–139). While we have
acknowledged that human communities of all kinds live in relations of
dependency and reciprocity within complex natural/social systems with
non-human beings, things, and processes, we have stressed the domina-
tion of non-human nature under certain kinds of relations and the ways
in which certain groups of relatively privileged humans are able to assert
domination over certain other kinds of human, animal, and other life
forms. In our own work, we have emphasised the importance of social
intersectionality as an analytic frame. Our use of post-humanism is to
indicate the understanding of ‘humanity’ as embedded in networks of
relations of dependency with the non-human lifeworld, to emphasise
the fragility of embodied life. In addition, we want to emphasise the
importance of a post-humanist lens in examining phenomena which, in
international politics, are often seen as exclusively human such as the
practice of war, the delivery of welfare and security, the distribution of
resources, and so on. In addition, given the combination of a notion
of both dependency, reciprocity, and co-constitution of the human
and non-human lifeworld, and an analysis of human domination of
the non-human that is relational and intersectional (shaped by systemic
relations of domination constituted by capitalism, colonialism, patriarch,
4 POST-HUMAN SECURITY 73
POSTHUMAN SECURITY
As we’ve seen, the term ‘posthumanism’ is open to a variety of approaches
and interpretations. Hence in this section we are not going to outline a
definitive account of what comprises a post-human approach to security. It
is not simply the case that there would be a multiplicity of post-humanist
approaches to security, but more fundamentally, post-humanisms would
question the notion of whether ideas about ‘security’ are even useful.
What we will do here is to outline some questions that thinking from a
post-human perspective would raise with regard to issues of security.
Traditional approaches to security are inherently anthropocentric, and
this has blinded these approaches to the more than human character of
existence, that is, highlighted post-human thinking. For example, recent
work on the more-than-human nature of warfare has argued that exclu-
sively human warfare would look very different but for the conscripting of
74 E. CUDWORTH AND S. HOBDEN
notion of human security. Such a move was not without critics, and the
term ‘human security’ for some (Buzan 2004) was seen a particularly
worthless. There were even contributions that thought about environ-
mental security, or even ecological security. As we noted before, all these
approaches to security were anthropocentric, in that the human, or human
agglomerations, were seen as the referent. Ecological security was an
exception to this, but ecological security was still anthropocentric in that
it sees the human as the threat to the rest of nature.
Post-humanism rejects a dualism between the human and the rest of
nature, and hence not only disputes a human comprised referent for
security but also divides between the human and the rest of nature (see
Mitchell 2014). Humans are ‘of’ nature rather than ‘in’ nature. In this
view there is nothing that is outside of nature. Therefore, the perspectives
that would see the human as a threatened by nature, or as of a threat to
nature, simply make no sense. How this is perceived varies by perspective.
So for example the ‘vital materialism’ advocated by Jane Bennett (2010)
raises the question of how our conceptions of the world change when we
consider matter itself, of which all things are constituted, to be ‘vibrant’.
Likewise, the complexity focused post-humanism of Cudworth and
Hobden identifies a range of interacting and co-constituting systems, or,
following Gunderson and Holling (2002), a panarchy in which human
systems interrelate with both animate and inanimate systems.
Post-humanism therefore differs from conventional environmental
security by considering the biosphere itself as a system co-constitutive
with other human and non-human systems. Envisioning human systems
embedded within a wider range of systems overcomes the duality inherent
in the majority of approaches to understanding environmental issues
within international relations. The environment is not ‘out there’, but
instead constitutive of, and reactive to, human systems. Human systems
are embedded within a number of non-human systems, with the conse-
quence that developments in one system may have implications elsewhere
in the panarchy. Thus, as a simple example, increased carbon dioxide levels
as a result of increased industrialisation can be linked to species migration
in local ecological systems. Likewise, global temperature rises can increase
energy use, for example, to run cooling systems, impacting across
economic (oil prices), political (inter-state relations), and ethnic systems
(relations with the Middle East).
The interlinking of complex systems also allows the analysis to shift
from a focus on security to one of insecurity. Post-humanism understands
76 E. CUDWORTH AND S. HOBDEN
CONCLUSION
Social sciences has recently seen something of a ‘turn’ towards the study of
violence. This was a pre-occupation of some of the key figures drawn upon
by many disciplines, such as Marx and Weber, but has been eclipsed by
other concerns (Walby 2013). Yet the study of international politics and
relations has long been focused on issues of intra- and inter-state violence
at various scales. This focus on multi-scalar violence is surely a strength of
the traditional approaches to security with which the discussion in this
chapter began. In addition, we have seen a widening of scope and concern,
with the development of the concept and study of human security, in
particular around issues of impoverishment and hunger. With the devel-
opment of critical security studies, there has been a move away from a
preoccupation with states and inter-state relations and this is very much to
be welcomed, allowing as it does, a consideration of the environment as a
security issue. Yet the focus of such analyses is on the impacts that
environmental issues have on human existence, such as the impact of
desertification or soil fertility and their consequences such as migration
across national borders or within states. For all the benefits of an extended
4 POST-HUMAN SECURITY 77
scope, the focus then of expanded ideas about security remains on the
human, and similarly to traditional security approaches ‘the human’ is
understood to be separate from the rest of nature in significant ways.
The wide and expanding range of approaches which can loosely
be called ‘posthumanist’ collectively assert that to hold such a position is
ontologically wrong. We inhabit a shared world, and a security frame
which does not reflect this overlooks the interlinked character of being.
Some post-humanist approaches may be more open to the development of
post-human security studies than others, particularly those such as ANT
which focus on the networks between various actants (both human and
non-human). More critical approaches which emphasise the embodied
vulnerability of creatures and other organic life may well be more resistant
to the attempt to ‘posthumanise’ the concept of security. The precarious
situation in which much organic life finds itself in the Anthropocene
means that analysis might better shift to a focus on insecurity rather than
security (Cudworth and Hobden 2009). In addition, the shifting of the
referent of security from the state to populations of beings and things, and
even to the biosphere implies a reinventing of the term ‘security’ itself as in
some post-humanist positions, the urgent need is to intervene (or leave
well alone) in order to ‘secure’ other creatures and things from rapacious
human behaviour. This re-orientation also implies undermining key socio-
political and economic systems of institutional and relational power, such as
those of industrial capitalism.
A further perspective, such as Lovelock’s (2014) recent intervention,
suggests a process of securitisation by effectively abandoning the idea of
earth as we have known it in order to preserve a limited quantity and range
of organic life against the ‘revenge of Gaia’. Such promethean faith in the
ability of (some few) humans to survive through the creative harnessing
of technology is chilling. This is certainly a form of securitisation but
we would see this as about human transcendence, a trans- rather than a
post-human security and one which is highly human-centric.
In reducing the risks to animals such as ourselves, who are very vulner-
able in the context of global environmental change, post-human political
perspectives might also be seen to be human-centred, or perhaps centred
on the survival of creatures and organic life forms on which we depend.
The very situation in which we find ourselves, however, suggests that
‘ends’ are uncertain. Lovelock’s call to effectively ‘abandon ship’ in
order to secure the human in a post-apocalyptic world is elitist and
exclusive. It perhaps demonstrates the difficulties in engaging with
78 E. CUDWORTH AND S. HOBDEN
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4 POST-HUMAN SECURITY 79
Security Cosmopolitanism
and Global Governance
Anthony Burke
A. Burke (*)
International and Political Studies, University of New South Wales
Canberra, Australia
e-mail: a.burke@adfa.edu.au
of the changes to the biosphere that nuclear isotopes and climate change
are creating (from hundreds to millions of years), this ethical awareness
must honour our obligation to future generations of human beings,
plants, and animals. Such a situation requires an ethics that can grapple
with the dilemma that the philosopher Hannah Arendt identified: ‘[E]very
act that is once made its appearance stays with mankind as a potentiality
long after its actuality has become a thing of the past . . . the unprece-
dented, once it has appeared, may become a precedent for the future’
(Arendt 2005: 98–99). The challenge this poses to our current concepts
and architecture of collective security and global governance cannot be
underestimated.
When states draw on the same water sources, experience a common climate,
depend on global prices and currency values, transmit conflict and weapons
beyond their borders, and threaten and affect the lives of others far away,
enclosed or circular models of moral community – however generous – fail
to reflect an urgent reality. It is no longer a matter of deciding whether
national interests and global goods must clash, but of honouring the com-
mon space of life and death that we have created (Burke 2013: 17–19).
dominant (if often the only) actors, and rely on bargaining and lowest
common denominator objectives and results. They thus reflect a global
power structure that is biased towards the interests of large-scale capitalism
(especially agribusiness, fossil fuels, banking, and information), and major
state powers (and their allies) who have the preponderant share of military
capacity and GDP. This kind of institutional and normative architecture
also fails to grapple with the damage that states do to the security of people
and ecosystems by virtue of the sovereign freedoms and jurisdiction that
they enjoy: they can abuse human rights, plunder fisheries, damage eco-
systems, and even pollute entire regions with relative impunity. Even
developments that have seemed normatively progressive, such as the
establishment of the International Criminal Court (ICC) and the doctrine
of the Responsibility to Protect, have plausibly been accused of being
distorted by the interests of major powers and thus failing their underlying
ethical vision (Thakur 2015; Fishel 2013; Bellamy 2011).
Security cosmopolitanism seeks to counter these failings with some key
ethical principles. Firstly, it insists that ‘the responsibility of all states and
security actors is to create deep and enduring security for all human beings
in a form that harmonises human social, economic, cultural and political
activity with the integrity of global ecosystems’. Secondly, it insists that
‘all states and security actors have fundamental responsibilities to future
generations and the long-term survival of global ecosystems: to consider
the impact of their decisions, choices and commitments through time’.
Thirdly, it instructs security actors to ‘act as if both the principles and
consequences of the action will become global, across space and through
time, and act only in ways that will bring a more secure life for all human
beings closer’ (Burke 2013: 21–23).
Actors here are defined somewhat broadly: as all state or non-state
agents whose ‘actions will affect the security of others, especially if they
will affect the security of many others’. Thus security actors can be states
and their security agencies (military, intelligence, diplomatic etc.), inter-
national organisations, NGOs, churches and faith groups, political orga-
nisations, corporations, and even local communities. The three principles
aim to serve ‘the overarching ethical end of security: to secure all human
beings and the ecosystems that they affect and depend upon for survival’,
because ‘without serious efforts to secure all, none can ever be secure’
(Burke et al. 2014: 15–16).
This ethics is thus concerned both to reduce the inequality in the global
security order – inequalities between states, between states and communities,
92 A. BURKE
and between human beings and ecosystems – and to insist that security
actors understand and cooperatively work on the systemic underpinnings of
major threats and forms of insecurity.1 This work means looking far into the
future and taking on ethical obligations for future generations and future
ecological transformations, whose degraded conditions of life are being laid
down now. Cosmopolitan ethics has traditionally expanded ethical concern
spatially, to larger and larger structures of human community; security
cosmopolitanism, importantly, extends ethical concern through time.
CONCLUSION
At the core of the best global governance innovations has been a combi-
nation of normative innovation, institution-building, openness to new
agendas and wrongs, responsiveness to communities, and robust account-
ability. The evolution of the international human rights regime – from the
conceptualisation of the crime of genocide by Raphael Lemkin in the
1930s, through the adoption of the universal declaration and the four
protocols to the Geneva Conventions, to the creation of the ICC – is an
5 SECURITY COSMOPOLITANISM AND GLOBAL GOVERNANCE 97
example. Yet the many flaws in the promotion and enforcement of inter-
national human rights law show how far short international society still
falls in actually implementing cosmopolitan goals. In the twenty-first
century, the terrible scale and scope of the looming global ecological crisis
means that we no longer have the luxury of waiting many decades for such
a stuttering process to play itself out. By then the oceans will be dead, our
cities will be flooded, and our governance and food systems under terrible
stress. Security cosmopolitanism was formulated with this crisis in mind.
The Sustainable Development Goals are a fascinating and welcome devel-
opment because they implicitly recognise the complex, systemic, and
integrated structure of our common life on this earth, and the threats
that emerge to it from unsustainable, inequitable, and violent systems and
institutions. The document has a distinctively cosmopolitan and post-
human cast to it. The real test is to move beyond such grand declarations:
to see if we can collectively change our governments, corporations, and
global governance systems so that they genuinely support the twin goals of
human dignity and ecological protection that are essential for the future of
life on this planet. Practical reform of this scale, against so many powerful
countervailing forces, will be complex and difficult and will not happen
without conflict.
NOTE
1. Critics have raised questions about the sweeping ambition and obligation of
these ethical principles and wondered if differential real-world state capa-
cities and clashes of interests would not make them difficult to implement.
A detailed response to these criticisms can be read in my contribution to the
book Ethical Security Studies (Burke 2016: 152–157).
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5 SECURITY COSMOPOLITANISM AND GLOBAL GOVERNANCE 99
Global Agendas
CHAPTER 6
Simon Dalby
The first two terms in the title of this chapter are not especially noteworthy to
readers in the second decade of the third millennium, but they are relatively
new in the human experience. Ecology is about the relationships of living
things to their surrounding context, the food, energy, water, and predatory
hazards that threaten any living thing. It is only in the last half-century that it
has become clear just how interconnected that environment is, and how long-
distance connections have important if not immediately obvious consequences
for ecosystems. In modern societies nature has usually been contrasted to
society or understood as the context and backdrop to human activity rather
than being conjoined with it. That assumption of separation too is no longer
tenable in contemporary thinking.
S. Dalby (*)
Wilfrid Laurier University, Ontario, Canada
e-mail: sdalby@gmail.com
This is the case because the sheer scale of human activity is now drama-
tically shaping what until recently was understood to be the natural world.
Nature is being reconfigured; species moved about all over the planet;
ecosystems demolished and replaced by fields, roads, and towns. Taken
together these dramatic changes have convinced many earth system scien-
tists that we are now living in a new geological epoch, the Anthropocene,
or the human age (Steffen et al. 2011). Nature is increasingly social in the
crucial sense that it’s being remade by human activities, and numerous
matters beyond the especially high-profile question of climate change are
part of the process. Given how artificial human arrangements now are,
security too has become increasingly enmeshed with the globalisation
processes that are dramatically changing global ecology (Stiglitz and
Kaldor 2013).
Governance, the third term in the chapter title, might appear to be even
more unremarkable. But some reflection on what it now means in light of
global ecology and the increasingly social forms of nature that matter to
humanity is also in order. ‘The term governance refers to efforts to assert
authority, but it also connotes the quest for legitimacy in that process, and
it should not be confused with the simple administration of government’
(Stoett 2012, p. 20). It is not just politics, the fraught and contested
arguments about how human communities ought to rule themselves, or
be ruled, matters of coercion and consent, force, fraud, legitimate author-
ity, states, municipalities, and treaty arrangements. It is in part about these
things, but more than that it is now also about expert procedures, institu-
tions, technical practices, industrial standards, trade rules and, crucially,
numerous management metrics, and complex financial calculations. Many
of these technical procedures and calculations escape the contentious
debates of formal politics, but they shape the practicalities of contempor-
ary human life profoundly even if we rarely notice such pervasive things as
the corporate management certifications of the International Organization
for Standardization.
Matters of climate change in particular are now discussed in terms of
such things as emissions, carbon credits, ecological services, clean devel-
opment mechanisms, green funds, and common but differentiated respon-
sibilities. The huge annual conferences of the parties (COPs) to the United
Nations Framework Convention on Climate Change (UNFCCC) are fre-
quently tied up in interminable discussions of procedural matters and
semantic arguments about particular terms. All this is apparently govern-
ance, but after 20 years of discussions since the UNFCCC was adopted in
6 GLOBAL ECOLOGY, SOCIAL NATURE, AND GOVERNANCE 105
subsequently fuel supplies for its war machine in particular and its econ-
omy more generally (Robertson 2012). Fears of shortages of materials,
population growth and the ability of the world to feed rapidly growing
numbers were keys to the emergence of a perspective on economic and
technological problems understood as global.
This sense of the global, long before the term ‘globalisation’ became
common parlance, also relates to the growth of sciences, especially geo-
physics, and the emergence of rocketry, satellites and the ability to observe
the planet from earth orbit and further afield, technical practices that were
key to geopolitics in the cold war and subsequently to matters of global
ecology and climate change. Fears of nuclear radiation were compounded
by concerns about ozone depletion as a result of weapon detonations in
the atmosphere, well before the problems with chlorofluorocarbon caused
depletion came to the fore in the 1970s. Perhaps most important in the
emergence of a sense of the global, because of its practical use in everyday
life, was the emergence of meteorology as a science that first had to link up
vast amounts of data collected around the world and then find ways to
integrate this immediately to make short-term forecasts (Edwards 2010).
This science subsequently complimented climate science as it too increas-
ingly used models to try to understand the dynamics of what emerged as a
globally integrated system. While satellite images are now routine in daily
weather forecasts such things are impossible without reliable rockets to
loft the appropriate cameras, other sensors and data transmission systems
into orbit that span the globe too.
In the late 1960s the NASA Apollo program sent spacecraft to the
moon and allowed photographs of the planet to be broadcast globally on
the then nascent global television networks to an environmental move-
ment anxious to curtail pollution as well as population growth. The iconic
image of the blue marble earth suspended against a black background
emphasised the theme of the Barbara Ward and Rene Dubos (1972)
unofficial report to the Stockholm UN conference on the human
environment, ‘Only One Earth’. Subsequent concerns about ozone
depletion, and then the possibilities of a nuclear winter phenomenon
in the early 1980s should the superpowers unleash their arsenals in a
major war, emphasised the interconnected vulnerabilities of humanity.
The fallout from the Chernobyl nuclear disaster and concerns about
burning rainforests linked to worries about climate change in the
1980s in a discourse of the global atmosphere. The conference on
the ‘The Changing Atmosphere: Implications for Global Security’ in
6 GLOBAL ECOLOGY, SOCIAL NATURE, AND GOVERNANCE 107
June 1988 in Toronto sketched out many of the themes that now
shape the current international discussion, well before globalisation
was used as a term to summarise the increasingly interconnected nature
of the global economy in the 1990s.
All these themes came together in the Earth Summit held in Rio de
Janeiro in June of 1992, a combination of formal inter-governmental
meetings as what was effectively a world fair for environmental move-
ments. This huge conference produced a number of agreements, including
the UNFCCC that was ratified by most states in the following two years,
and an ambitious plan, Agenda 21, for reworking global governance in
terms of sustainable development (Grubb 1993). This plan suggested that
widespread local government and numerous civil society organisations
should be involved in working to shape development to be ecologically
sensitive to local conditions. The summit also promoted an elegant
summary of environmental goals for the planet in the ‘Earth Charter’
(see http://earthcharter.org/discover/the-earth-charter/), a document
that is now largely but not completely forgotten.
Critics of the jamboree in Rio were quick to argue that for all the green
language and aspirational statements to global cooperation the practical-
ities of agreements were actually rather limited and what was agreed to was
in fact congruent with the political agendas of the major states and
the growing power of corporations shaping both climate and forestry
agreements (Sachs 1993). Global ecology was, so it seemed at the time
to its critics, a project that facilitated the extension of arrangements to use
market mechanisms and corporate definitions of sustainability rather than
to involve local communities, indigenous peoples or economically mar-
ginal populations in determining their future. The editors of the Ecologist
Magazine (1993) bluntly asked ‘Whose Common Future?’ suggesting
that the Brundtland Commission’s formulation of sustainable develop-
ment in terms of ‘Our Common Future’ five years prior to Rio (World
Commission on Environment and Development 1987), was nowhere
close to globally inclusive.
Much of the political impetus towards implementing the measures
discussed in Rio was lost over the following few years, not least by the
rapid expansion of the global economy, and in particular the growing
corporate interconnections and financialisation of a world increasingly
dominated by doctrines of neoliberalism and its supposedly market prin-
ciples of governance. The critics of the Rio process turned out to be mostly
right about its agenda. The Asian financial crisis of 1997 and the rapid
108 S. DALBY
These abstract social relations, and such things as the computations that
equate carbon emissions from different circumstances into one metric,
obscure local conditions and frequently accelerate the dispossession and
transformation of peoples and places.
In Saskia Sassen’s (2014) recent evocative formulation, the com-
plexities of financial and political processes frequently have brutal
results for people suffering ‘expulsion’ from the global financial system
and its economic processes. She highlights two processes that over the
last three decades have marked what is frequently called globalisation.
First is the rise of what she calls extreme zones, where key economic
activities are concentrated, such as outsourced manufacturing zones or
plantation agriculture production or large mining enterprises that are
networked through the rise of global cities that transcend the old
geographies of North and South, East and West. Second is the rise
of financial mechanisms that securitise numerous things in complicated
instruments such as derivatives with all sorts of effects, frequently far
from those intended. The global flows of notional wealth in the
electronic trading systems of the present accentuate the mobility of
capital.
These two processes, the frequently brutal transformation of particular
places by the complicated logics of financial instruments that are directed
from afar in the global city network, and the expansion of advanced
industrial and financial mechanisms at the expense of traditional capitalist
arrangements, have destroyed many national industrial production
arrangements. They have moved the economies of many places towards
service sector employment and away from consumer-based growth.
110 S. DALBY
The resultant export of jobs is also a problem laid at the feet of globalisa-
tion. The extraction of resources in many places is now more important
than traditional manufacturing, a process especially marked in the
Australian and Canadian economies. All of which also makes political
protests by the dispossessed, those who have been expelled, in Sassen’s
terms, more difficult given the absence of an obvious geographical focal
point at which to express grievances. Local protests about parks, preserva-
tion, and pollution continue in many places, but connecting these actions
together into effective global governance and social change remains very
difficult.
As the rapid melting of polar ice caps and permafrost illustrate,
material transformations are afoot, the causes of which are frequently
distant from the consequences. While this is clearly a matter of glo-
balisation in the sense of the global carboniferous economy causing
change, how sustainability is to be geographically designated in these
circumstances isn’t so easy. Traditional notions of parks and preserved
areas understood human presence as the problem to be avoided,
pristine conditions required the absence of at least some forms of
human activity. But now in the face of climate change in particular
and numerous other boundary crossing pollutants and disruptions,
stable geographical enclosed areas are obviously not a very useful
template for governance for many things considered environmental
(Dalby 2014). They are not a very useful template for considering
security in its various forms either; thinking in terms of global ecology
points directly to the transboundary sources of climate change as well
as the importance of specific extractive activities in particular places to
supply global markets.
These processes all involve the wholesale transformation of places
and landscapes. The scale of industrial production and the resource
extractions that fuel and supply the global economy is now clearly
changing how the earth system functions (Whitehead 2014).
Concerns about climate change, rising carbon dioxide levels, disap-
pearing ice caps and glaciers as well as vegetation changes, rivers
being dammed and whole new assemblages of species indicate very
clearly that we live in increasingly artificial circumstances in the
appropriately named Anthropocene (Steffen et al. 2011). Which raises
the very difficult questions of what needs to be done to shape the
future of the planetary system to make a sustainable earth for future
generations of humanity.
6 GLOBAL ECOLOGY, SOCIAL NATURE, AND GOVERNANCE 111
Crucial to the emergence of this perspective has been the dawning awareness
of two fundamental aspects of the nature of the planet. The first is that the
Earth itself is a single system, within which the biosphere is an active
essential component. In terms of a sporting analogy, life is a player, not a
spectator. Second, human activities are now so pervasive and profound in
their consequences that they affect the Earth at a global scale in complex,
interactive and accelerating ways; humans now have the capacity to alter the
Earth System in ways that threaten the very processes and components, both
biotic and abiotic, upon which humans depend. (IGBP 2001: 4)
With the vast increase in computational power and the ability to make,
transmit and manipulate images new possibilities of imagining the bio-
sphere have also opened up. The possibility of visualising things differently
and thinking about the artificial constructions of the Anthropocene – of
artificial landscapes and video cartographies – also present possibilities
of different scopic regimes that show the interconnected physical realities
of globalisation, and the practicalities of life in the Anthropocene. We have
moved well beyond the symbolism of the blue marble photograph into
more complicated visualisations, as the images on the globaia.org website
repeatedly show, but whether these dynamic images of transformation can
actually be mobilised to effect dramatic political change more effectively
than the static image of the NASA ‘whole earth’ remains to be seen.
Nonetheless such representations are already part of the discussion about
what to do about problems of global ecology and they do clearly facilitate
imagining interconnections. Above all such visualisations suggest very
clearly the importance of understanding our current context as one of
an increasingly social nature. At the same time, they do not necessarily
suggest an effective political strategy for reining in the worst excesses of
neoliberalism, or for developing sustainable modes of living within the
parameters of the earth system boundaries that are suggested by the
Anthropocene idea.
GRASSROOTS ECOPOLITICS
The novel perspectives of geopolitical ecology also suggest that ‘global
governance’ in terms of international treaties and institutions may not be
the most useful venues for political action, nor the necessary ‘answer’ to
‘problems’ of globalisation. Viewed from communities struggling to pre-
vent clear-cut logging, stop mining companies polluting rivers, or most
recently resisting attempts by petroleum corporations to use hydraulic
fracturing as a method to release hydrocarbons from shale rock, such
global views may seem hopelessly removed from practical everyday issues
of a healthy environment and sustainable food and water supplies (Nixon
2011). Protest movements about the further encroachment of industrial
modes of extraction into rural environments have emerged in recent years,
creating new political coalitions between ranchers, environmentalists and
indigenous peoples in numerous places. Many of these take the form of
blockades of roads and access to farms and forests. The term ‘blockadia’
has emerged to encompass these forms of very local resistance to the
114 S. DALBY
FUTURE ENVIRONMENTS
The sheer scale of human changes to the global biosphere now requires
that discussions of governance move beyond traditional notions of envir-
onmental protection, parks, pollution, and population. Globalisation isn’t
just a matter of economic, political, and cultural boundary crossings, but
now has to be understood as a matter of material transformation. The
environment is no longer ‘out there’ as the given context for humanity;
globalisation has changed that both conceptually and in terms of how
governance now needs to operate to shape the future conditions for human
life in an interconnected and rapidly changing biosphere. Globalisation
has, among other things substantially rearranged the species mix in most of
the fertile parts of the terrestrial biosphere, dramatically changed ocean
ecosystems through industrial scale fishing and is now setting in motion
disruptive climate changes too.
While sustainability and resilience have become the new terms for
conceptualising environmental governance, the debates surrounding
them have, as yet, not really begun to grapple with the big questions of
116 S. DALBY
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6 GLOBAL ECOLOGY, SOCIAL NATURE, AND GOVERNANCE 117
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118 S. DALBY
Simon Dalby is CIGI Chair in the Political Economy of Climate Change at the
Balsillie School of International Affairs and Professor of Geography and
Environmental Studies at Wilfrid Laurier University, Waterloo, Ontario. He is
the author of Creating the Second Cold War (Pinter 1990), Environmental Security
(2002, University of Minnesota Press), and Security and Environmental Change
(2009, Polity).
CHAPTER 7
Mary E. Pettenger
We’ve seen the longest streak of private sector job creation in our his-
tory. . . . This agreement will mean less of the carbon pollution that threatens
our planet and more of the jobs and economic growth driven by low carbon
7 FRAMING GLOBAL CLIMATE SECURITY 121
investment. . . . This agreement represents the best chance we’ve had to save
the one planet that we’ve got. . . . I imagine taking my grand kids . . . to the
park someday . . . all the while knowing that our work today prevented an
alternative future that could have been grim [italics added for emphasis].
(President Obama of the United States, statement on the Paris Agreement,
12 December 2015)
how climate security is framed (who does it threaten, how and why,
defining risks, etc.). Second, it examines the framing process itself, i.e.,
why it is being framed as a security issue (versus other issues), who is doing
the framing (the framers such as scientists, environmental activities, aca-
demics, and policymakers, and the level of response (individuals, cities,
regions, states and the global community). Third, it critiques the prospect
of lasting and effective change emerging from framing climate change as a
security issue, including identifying potential promises and obstacles. The
essential or underlying question is how to bring positive change to human
actions, the core of much of the social sciences. The securitisation of
climate change is an empirical, as well as normative and theoretical process
of conceptualising the what, how and why. As this book sets out, the field
of national security has expanded to include non-traditional threats as well
as to encompass human security. Climate change is both a threat to human
existence, and significantly diminishes human security. Finally, it is impor-
tant to note that the purpose of this chapter is not to define climate change
as a security threat, nor to propose a new approach to the topic, but rather
to ask the question, is it appropriate and effective to define climate change
as a global security threat requiring a global approach?
of the language and strength of the denier perspective). For some, the 2015
UNFCCC – Paris Agreement (United Nations 2015) symbolises a signifi-
cant global step toward real change. The world community has finally
created an international treaty that aspires to eliminate the potential threat
of the temperature of the earth’s atmosphere rising above 1.5° Celsius, as
well as the requirement to simultaneously address mitigation and adapta-
tion. However, the voluntary approach of Nationally Determined
Contributions to reduce emissions may lead to increased contestation
over acceptable and sufficient actions (rather than a common approach).
Additionally, the Paris Agreement is non-binding and depends on states’
will to comply, and as such may fail to prevent climate change.
Climate change has been framed in several issue areas, e.g., security,
economic, moral, and scientific. Due to the nature of climate change as a
contested and ambiguous phenomenon, how it is presented, debated and
understood by policymakers and the general public has implications for
policy outcomes. ‘Framing a policy problem or issue endows certain
dimensions of the complex issue with greater apparent relevance than
they would have under an alternative frame.’ Of significance, ‘a specific
frame only is effective if it is relevant–or applicable–to the audience’s
preexisting interpretations’ (Nisbet 2009, pp. 15–16). As such when
analysing the applicability of a climate security frame to bring lasting
change, one must recognise that the audience exposed to the frame may
outright reject the frame due to prior perceptions and worldview. For
example, Nisbet (2009) describes how Al Gore’s Inconvenient Truth
movie with its ‘alarmist’ portrayal of climate change as ‘an environmental
Frankenstein monster’ generated greater partisan divides, and ‘a sense of
fatalism’ that any action was too late (Nisbet 2009, p. 18). Likewise,
framing climate change as a national security threat ‘may generate an
angry backlash, especially among the climate change deniers who are
already “Doubtful or Dismissive” of climate change’ (Myers et al. 2012,
p. 1110). In short, identifying what is privileged by certain images or
stories in the frame over others, what is included and excluded, and by
whom, serves as a heuristic and practical tool.
Those who discuss climate change as a security issue can be categorised
as painting two dominant frames of climate security: pragmatic and apoc-
alyptical. The pragmatic frame is exemplified as a straightforward process
of identifying and examining the threats, vulnerabilities and risks posed by
climate change, and postulating actions and assigning tasks to confront
these concerns. Those who articulate this frame are often research
124 M.E. PETTENGER
Think Tanks
The following synopsis of reports by two think tanks illustrates the
language and foci of the pragmatic frame in the US context. The
Council on Foreign Relations published a report in 2007 on climate
change and national security, with the prescient sub-title: An Agenda
for Action (Busby 2007). The report, as do most within this frame,
emphasises that ‘Climate change could, through extreme weather
events, have a more direct impact on national security by severely
damaging critical military bases, thereby diverting or severely under-
mining significant national defense resources’ (Busby 2007, p. 6), lead
to instability around the world ‘leaving “ungoverned spaces” where
terrorist can organize’ (Busby 2007, p. 9) and should be avoided as it
could prove to be a ‘wedge issue in the U.S.-China relationship’
(Busby 2007, p. 18). One conclusion of significance to this chapter
is the emphasis on crossing issue areas ‘The strongest policies will
7 FRAMING GLOBAL CLIMATE SECURITY 125
The Military
Within the large body of literature that illustrates the pragmatic frame,
the oft-studied US Department of Defense (DoD) (Dalby 2016; Szasz
2016; Von Lucke et al. 2014) reviews, reports and briefings on climate
change are the quintessential examples of this frame. Two positions are
significant. First, there is an emphasis on adapting to the negative con-
sequences of climate change rather than mitigation, responding to rather
than preventing climate change, e.g., the purpose of DoD Directive
4715.21 is to ‘provide the DoD with the resources necessary to assess
and manage risk associated with the impacts of climate change’ (DoD
2016). Second, there is a focus on a US-centric rather than global
response with the steps necessary for the US military to continue to
keep Americans and its allies safe. One saving grace is that the reports
confirm the existence of the phenomenon and recognition of its poten-
tial threats, ‘Climate change will affect the DoD’s ability to defend the
nation and poses immediate risks to U.S. national security’ (US
Department of Defense FY2014 Climate Change Adaptation
Roadmap). Not to be left out, groups outside the United States are
active in identifying, categorising, and urging responses to climate inse-
curity such as organisations generating climate change threat indicators
include the Briefing Paper ‘Global Climate Risk Index 2015’ by German
Watch that includes country specific threats (Kreft et al. 2014).
Consequently, framing climate change as a security threat may privilege
128 M.E. PETTENGER
Intersecting Frames
If predictions of the impacts of climate change prove true and we reach the
crisis stage, the climate security frame will subsume all other frames,
unfortunately the triumph of this frame may be too late. Nevertheless,
this perspective offers a glimpse into the framers’ perspectives. For some,
climate security should be a viable frame but has yet to dominate the
narrative. For others, caution should be employed with whom or what is
assigned to keep us safe. However, the climate security frame must also
contend with counter or intersecting frames. These frames may dilute the
focus on climate change, or may serve as a multiplier policymakers can
emphasise to gain support for other issues that in turn limit climate
change.
Several studies illustrate these intersecting frames, and the obstacles and
opportunities they provide. Szasz (2016) juxtaposes framing of climate
security in the United States in three areas: military, insurance and
7 FRAMING GLOBAL CLIMATE SECURITY 129
the globe) is in flux. If the ‘crisis is imminent’ and the threat of extinc-
tion are real, framing climate change as a security threat will prove
effective. As they note, ‘Unfortunately, science provides no clear-cut
answers on whether catastrophe looms or how much time remains to
avoid a crisis so great that it threatens human survival’ (Barkdull and
Harris 2014, p. 127).
Likewise Oels (2014), and in contrast to Rothe (2016), offers caution
in using this approach ‘The configuration of power termed “climate
apocalypse” tends to naturalize climate change as an unfortunate but
unavoidable problem and focuses attention on preparedness for the
impacts of climate change’ (Oels 2014, p. 211). In addition she takes
the case of migration and climate refugees to examine how ‘three dis-
courses on climate refugees or climate change-induced migration contri-
bute to legitimizing the displacement of millions of people. By presenting
dangerous levels of climate change as inevitable and by making resilience
the new leitmotif of climate policy, the third and most recent discourse
depoliticizes the issue of climate change in a radical way’ (Oels 2016,
p. 189). In sum, the three discourses leave climate refugees as a group to
‘fear’ (Oels 2016, p. 192), as ‘helpless victims in need of Northern
assistance’, or ‘depoliticizes the issue of climate change, making it seem
as if nothing can be done about it, as if it is merely a “fact of life” ’ (Oels
2016, p. 199). While Oels uses the language of discourse theory, it fits
readily to frame analysis. Each of these discourses illustrate how viewing
the tangible threat of climate change’s impacts on climate refugees can be
framed as strongly negative and in fact, calling for no action to be taken.
Furthermore, Matthew (2014) examines why the UNFCCC process
is not working even with the narrative increasingly shifting to one of ‘an
existential threat to humankind’ (Matthew 2014, p. 261). He laments
‘The gap between the terrible vision of a climate-changed world and
the anemic outputs of two decades of climate-change negotiations is
wide and growing’ (Matthew 2014, p. 262). In addition, he calls atten-
tion to another important necessary shift that relates to the theme of
this book,
Human security shifts our focus from the level of humankind and the state,
where much of the climate-change negotiation takes place, to the level of
the individual and community, where much of the impact of climate change
is being experienced . . . (Matthew 2014, p. 262). It is perhaps important for
the integrity of the UNFCCC process to foster a sense of shared vulnerability,
7 FRAMING GLOBAL CLIMATE SECURITY 133
and hence of shared fate, through the idea that climate change is a global
challenge with the potential to negatively affect virtually everyone on the planet
[italics added for emphasis]. (Matthew 2014, p. 265)
threats tend to do. However, some caution that this may also lead to
apathy and the de-framing of climate change. Apocalyptic warnings that
are decades away can induce people to turn off the perceived noise, or to
believe nothing can be done (the end is near), or to push the topic to later
on the agenda as the threat is not as imminent as immediate threats such as
terrorism.
Third, if climate change is perceived as security threat, the appropriate
level of response may become even more unreachable. Climate change
is caused by local activities, the processes by which people’s daily lives
produce greenhouse gases (transportation, energy, fuel for heating,
agriculture, etc.). Multiply each person’s activities to the level of a
region, state, and then globally, the problem seems overwhelming and
insurmountable. Recent framings of climate change as part of the
Anthropocene reflect this perspective. Human activity is changing the
earth such that we are entering a new geologic era. Rather than a ‘natural’
process leading to dramatic geological changes, it is anthropogenic. An
individual’s ability to alter this enormous process is easily perceived as
miniscule. Rarely do traditional security studies focus on a person’s day-
to-day life, but rather on protection of a state or a people. While there can
be an effort to ‘globalise’ climate change, will this in turn take the issue
farther from the local level and thus farther from any individual believing
that their actions, either for or against climate change, will have an impact?
Perhaps changing the mindset of an individual to frame themself as a ‘global
citizen’ may motivate the needed action. But it seems unrealistic that the
process of creating such a mindset would be accomplished easily or at all. In
addition, the leaders of states must be convinced that climate security is real
and action is imperative. As witnessed by the influence of national leaders in
the United States, Canada, and Australia, elections can bring leaders who
believe in climate change and create positive legislation to reduce green-
house gas emissions, or leaders who believe and practice the opposite.
Citizens who adopt a ‘global’ view of shared threat may be able to influence
their governments, but again, this requires an enormous amount of political
will to challenge and overcome the dominate power structures.
Finally, it is unclear if the ‘globalisation of insecurity’ in relation to
climate change may be a means to advance positive global responses to
mitigate and adapt to climate change. Globalising the issue may increase
awareness of each individual’s impact on humankind and the earth.
However, this process could also trend toward conflict between those
facing the insecurity. The powerful states may adopt a bunker mentality of
7 FRAMING GLOBAL CLIMATE SECURITY 135
protecting themselves and letting the vulnerable fall to the side, or sink
into apathy in that the problem becomes so insurmountable that action is
inconceivable.
NOTES
1. Press release after his presentation to the United Nations Security Council,
February 2013 (deBrun 2013).
2. For an introduction to frame analysis, see Entman (1993) for a discussion of
framing as ‘a process of selecting some aspects of a perceived reality in order
to make them more salient for audience members’ (Entman 1993, p. 5),
Goffman’s (1974) introduction of frame analysis as a tool to examine sym-
bolic communication, and Hoffman’s (2011) and Nisbet’s (2009) applica-
tion of frame analysis to climate change.
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Laura J. Shepherd
UNSCR 1325, and the institutional support – or lack thereof – that exists for
these at the UN level. Finally, I outline what I consider to be some core
obstacles that continue to inhibit the progression of the WPS agenda at
the UN and how these obstacles might be overcome.
Requests System-Wide First SysAP (2007–2009) Second SysAP Calls for Reported on 4 of 5
Action Plan (SysAP) on organised around 12 areas: (2008–2009). indicators to track thematic areas identified in
the full implementation of A. Conflict prevention and early Consolidates implementation SysAP (2008–2009).
UNSCR 1325 warning; 12 areas for of UNSCR 1325 ‘Normative’ dimension
B. Peacemaking and peace- action into 5 deemed to ‘cut across’ the
building; thematic areas: remaining four thematic
C. Peacekeeping operations; 1. Prevention; areas.
D. Humanitarian response; 2. Participation; Develops 26 indicators to
E. Post-conflict reconstruction 3. Protection; track implementation,
and rehabilitation; 4. Relief and categorised using the four
F. Disarmament, demobilisation, recovery; thematic areas.
and reintegration; 5. Normative. Each indicator is clearly
G. Preventing and responding to linked to a goal.
gender-based violence in 20/26 indicators are
armed conflict; primary responsibility of
H. Preventing and responding to various UN entities.
sexual exploitation and abuse 6/26 indicators are
by UN staff, related personnel primary responsibility of
and UN partners; Member States.
I. Gender balance;
J. Coordination and partnership;
K. Monitoring and reporting;
L. Financial resources.
8 THE WOMEN, PEACE, AND SECURITY AGENDA AT THE UNITED NATIONS 147
societies such as Canada, the United States, and Australia. Further, mana-
ging the implementation of UNSCR 1325 through ‘outward facing’
NAPs perpetuates the idea that ‘other’ women – ‘Third World’ women –
need protecting from the violence and discrimination perpetrated by
‘other’ men, thus diminishing the agency of all majority world women
and positioning minority world men as non-violent and inclusive.
There are other issues related to the production and implementation of
National Action Plans that are worthy of note. The most comprehensive
study to date was undertaken by Barbara Miller et al. (2014); these research-
ers analysed the forty NAPs that were available at the time of sampling and
subjected the Plans to a content analysis using fourteen different criteria. Key
findings from this study include the fact that only about one-third of NAPs
contain specific information about timelines for implementation, with the
Rwandan NAP being the most specific (Miller et al. 2014: 30). Roles and
responsibilities in each National Action Plan are mostly well specified, but
financial allocation is vague at best: ‘only two NAPs identify concrete sources
of funding’ (Miller et al. 2014: 30). One very interesting finding, given the
genealogy of the National Action Plans that can be traced back to women’s
peace activism, is that there is a strong correlation between the involvement
of women’s civil society organisation in the drafting and development of the
NAPs and the specificity of the NAP across all elements (Miller et al. 2014:
38). Specificity is important because, as with any policy document, if the
NAP is to be implemented effective, responsible agencies both need to know
that they are responsible (specificity of responsible agency) and what it is that
they are supposed to be responsible for (specificity of target/objective).
In addition to National Action Plans, various Regional Actions Plans
(RAPs) have been developed. In her background study for the 2013
Global Technical Review Meeting on ‘Building Accountability for
Implementation of Security Council Resolutions on Women, Peace and
Security’, Natalie Hudson notes that, as many conflicts do not respect
national territorial boundaries, there is a clear rationale for regional colla-
boration on implementing the WPS agenda (Hudson 2013: 11). There
are currently seven RAPs in effect,4 and they face many of the same
challenges associated with National Action Plans: a lack of political will
to deliver on specific objectives; in some cases a lack of clearly specified
objectives; and a lack of dedicated funding to support WPS initiatives
(Hudson 2013: 5). RAPs also have the additional complexity afforded
by the fact that they are by definition multi-vocal agreements, with multi-
ple stakeholders in both design and implementation, each with often
8 THE WOMEN, PEACE, AND SECURITY AGENDA AT THE UNITED NATIONS 149
related to political will that affect National and Regional Action Plans,
the local ownership of the Guidelines enhances their efficacy as a WPS
implementation tool. The findings from the reviews of the Localization
Programs in Colombia, Nepal, the Philippines, Sierra Leone, and
Uganda suggest that this is a meaningful and effective strategy for
increasing awareness and support of, and adherence to, WPS principles
at the local level.
NOTES
1. This subtitle is a question posed by the medieval French poet Christine de
Pisan, quoted in an essay by Kimberly Hutchings (2010).
2. The PeaceWomen program was founded by the Women’s International
League for Peace and Freedom in 2000 to work specifically on UNSCR
154 L.J. SHEPHERD
1325 advocacy and later across the Women, Peace and Security agenda more
broadly. PeaceWomen run ‘Resolution Watch’, as part of their ‘Security
Council Monitor’ project. The data in this chapter is drawn from the
PeaceWomen website (http://www.peacewomen.org/security-council/
resolution-watch) and is correct at the time of writing (3 December 2015).
3. Distinctions such as ‘developed’ versus ‘developing’, ‘minority’ versus ‘major-
ity’ world, or ‘North’ versus ‘South’ are all problematic, and obscure more
differences than they are able to identify similarities. I choose to use ‘minority’
versus ‘majority’ world as it captures the fact that most of the world’s popula-
tion lives in the territories of Asia, Africa and Latin America, whereas a
minority live in the areas of the world that would be typically identified as
‘wealthy’ or ‘economically developed’ (Canada, Australia, New Zealand,
United States, Japan, and Europe). ‘Minority’ versus ‘majority’ also avoids
deploying an external standard of ‘development’ as an identity category.
4. Regional Action Plans have been developed by the following entities:
African Union (2009); European Union (2008); International Conference
of the Great Lakes Region (ICGLR) (2004); North Atlantic Treaty
Organisation/ Euro-Atlantic Partnership Council (NATO/EAPC)
(2007); Organization for Security and Co-operation in Europe (OSCE)
(2004); Pacific Region (2012); South African Development Community
(SADC) (2009). These RAPs are not all titled ‘Regional Action Plans’ per se,
but all reference UNSCR 1325 and seek to implement the core provisions of
this resolution (the Plans themselves are available on the PeaceWomen
website at http://www.peacewomen.org/naps/list-of-raps).
5. This data is drawn from the Women in National Parliaments project from
the Inter-Parliamentary Union and is available online at http://www.ipu.
org/wmn-e/world.htm.
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158 L.J. SHEPHERD
Katrina Lee-Koo
In February 2015 the media reported a case of three British schoolgirls, aged
fifteen and sixteen, who successfully travelled from London into Syria, via
Turkey, to join ISIS (Islamic State of Iraq and the Levant). Soon after their
arrival, two of the girls were married to ISIS fighters, and another had report-
edly joined all-female brigades in Syria. The girls, described as ‘gifted students
at the Bethnal Green Academy in east London’ (Dodd and Khomami 2015)
were radicalised online, and deceived their families in order to carry out their
journey. This is not an isolated case. Over a 12-month period during 2013 and
2014, 423 British children were referred to the national Channel Project as
being ‘at risk’ of radicalisation (Whitehead 2015). In recent years, there have
been several reports of children from Western countries becoming radicalised
as part of globalised terrorist movements. At the extreme end of the spectrum,
this radicalisation manifests in children travelling overseas to participate in
armed struggles, engage in planned and actual violence in their home and
other countries, and seek to disseminate their views and influence others.
In each case, these children undoubtedly imagined themselves as playing a
role in a global political struggle.
At the other end of this spectrum, in 2014 the 17-year-old Pakistani
schoolgirl Malala Yousefzai won the Nobel Peace Prize. Known
K. Lee-Koo (*)
Monash University, Melbourne, Australia
e-mail: katrina.leekoo@monash.edu
I had a terrible dream yesterday with military helicopters and the Taleban.
I have had such dreams since the launch of the military operation in Swat.
My mother made me breakfast and I went off to school. I was afraid going to
school because the Taleban had issued an edict banning all girls from
attending school. (BBC News 2009)
During the conflict that engulfed her homeland, Malala had witnessed
widespread public violence and was herself the victim of numerous threats
of violence. This reinforced her already well-established and vocal commit-
ment to pursue a peaceful future for her community. She wrote in her blog:
‘They cannot stop me . . . I will get my education’ and ‘I would like to be a
politician. Our country is full of crisis . . . I would like to . . . serve the nation.’
Malala’s comments, and the activities of those and her classmates demon-
strate a strong understanding of the politics surrounding them. The decision
to attend school was made amid recognition of the violence and potential
repercussions. There is also a strong sense that these girls were aware of the
political statement they were making in response to the Taliban’s operations
in their homeland in addition to a personal desire to attend school.
Children’s engagement with conflict and political violence is not new.
From Australian boys who deceived recruiters to participate in the First
World War to Palestinian children resisting occupation, children have
always been active in conflict. Children are volunteer soldiers, active
combatants, spies, resistors, witnesses, conciliators, and peace-builders.
In some cases, children engage with the conflict that surrounds them:
one that that they were born into or grow up in. For instance, generations
of Afghan children have grown up amidst violence at the hands of local
or foreign militarism (see, for example, Lee-Koo 2013). In other cases
children are using processes of globalisation to participate transglobally,
interactively and clandestinely, relying upon the internet to access non-
mainstream information about conflicts, interacting with others via social
media, and independently travelling to participate in conflict.
Yet international relations – a discipline whose core business is to
address questions of conflict and peace – rarely considers the role of
9 CHILDREN, CONFLICT, AND GLOBAL GOVERNANCE 161
violations set a clear research agenda and policy priority area for the UN
and its partner organisations. The Office of the Special Representative
supports the collection of data on these violations and they can be found
in UN reports (for example, the United Nations Assistant Mission to
Afghanistan includes disaggregated data on the impact of conflict on
children in its biannual ‘Protection of Civilians’ Report while also support-
ing several dedicated UN reports on the topic) and in NGO reporting
(see, for example, the Global Reports produced by Child Soldiers
International, for example, 2012).
However, it is important to acknowledge that embedded in the pre-
sentation, focus and activism around each of these six grave violations is a
set of preconceived ontological assumptions regarding children and their
relationship to conflict. The primary assumption here is that children are
solely victims of conflict who lack any political agency whatsoever. Even in
circumstances where children are actively engaging in political violence (as
is the case with child soldiers who take direct part in hostilities), children
are seen as passive actors in the sense that they have been radicalised,
forcibly recruited, or brainwashed. There is no capacity to consider the
extent to which children – particularly teenagers and older children – may
have been capable of independent considerations and decision-making
regarding their participation in conflict. The consequence of this assump-
tion is that children are generally not held responsible for their actions in
conflict. This point is most relevant to those children who engage in
violence; the global normative position (which is consistent with global
liberal values) is that children should not be held accountable for war
crimes on the understanding that they were conducted under some form
of duress. However, the ontological claim that underpins this normative
position effects a universalism that seems to operate across all aspects of
children’s experiences in conflict. In short, because there is a general
acceptance within global governance practices that children should not
be held accountable for crimes, the agency of children to act in conflict has
been muted.
This assumption of children’s passivity in the face of conflict enables a
global architecture whose consistent theme is children’s protection. In fact,
the entire focus of the Office of the Special Representative is on the protec-
tion of children in armed conflict. This is an appropriate agenda. As noted,
the documented cases of deliberate and accidental violence against children
in armed conflict constitute grotesque reading (see UNICEF 2009; Lee-
Koo 2014; Huynh, Lee-Koo and D’Costa 2015: 18–31). Children do not
9 CHILDREN, CONFLICT, AND GLOBAL GOVERNANCE 165
start wars, are never the primary protagonists, and are uniquely vulner-
able to its impact. Moreover, the protection of children has a strong
moral and legal claim within global governance. As such, regardless of
whether they are civilians or combatants, children’s protection should be
a priority for international actors seeking to regulate and bring about an
end to armed conflict. However, this is an incomplete reading of chil-
dren’s experiences with armed conflict. While in no way underestimating
the extent to which children are victims of conflict, and the severe
limitation placed upon their capacities to shape their surroundings vis-
à-vis adults, it is important to highlight that there are nonetheless sig-
nificant problems with this framework.
The first problem is that it is inconsistent with children’s rights as
guaranteed under the United Nations Convention on the Rights of the
Child (UNCRC; 1989), which has near-universal adoption. Based on age,
maturity, and evolving capacities, children possess the right to express their
views freely, to assemble peacefully, and to be heard in any ‘administrative
proceeding affecting the child’. In essence, the UNCRC recognises chil-
dren’s capacities to act politically, and their right to do so. Crucially, Article
12 states that a child’s views should be ‘given due weight in accordance with
the age and maturity’ of the child in all matters affecting them. While the
UNCRC remains paternalistic in nature, ‘emphasising children’s welfare
over their autonomy’ (Huynh, Lee-Koo and D’Costa 2015: 42), it none-
theless creates space for children to develop as political actors. This idea that
children are evolving political actors is missing from the current global
architecture on children’s engagement with conflict.
Second, this protectionist framework fails to acknowledge children’s
demonstrated capacity for positive and independent agency – an aspect
that will be discussed further in the section below. At this point, how-
ever, it is important to note that an unwavering focus upon the worst
forms of violence against children will nearly always reinforce a narra-
tive of victimhood. This research agenda excludes the experiences of
children who have engaged with or experienced conflict in other ways.
It also fails to explore the complex set of experiences that children
might have as victims of conflict. In this sense, children may simulta-
neously, or at different points in their lives be both victims and agents.
Thus, this protectionist ontology does not prompt questions such as:
‘how do children resist violence?’; ‘how do children mitigate conflict’s
impact?’; and ‘how do children adapt to cultures of violence or build
resilience in the face of ongoing violence?’ The failure to ask these
166 K. LEE-KOO
not fixed, nor are they universal. Instead, they are culturally contingent,
drawn from a range of social, legal and religious practices in different
political spaces. Moreover, they are often challenged and adapted. This
is particularly the case in efforts to distinguish between children and youth.
The idea of a youth, or young person, is contested across the world, with
the age bracket ranging from 10 to 40. For instance, the UN Population
Fund defines ‘young people’ as people between 10 and 24 years of age,
and ‘youth’ as those between 15 and 24, while the 2006 African Youth
Charter considers youth to be between 15 and 35. Spark notes that in
Pacific societies, women up to the age of 40 might be considered youth
depending upon their marital status and maternity (Spark 2014).
its focus upon protecting children from conflict and recruitment, the
current agenda does not ask: ‘How do children contribute to peace?’
However, using the framework of ‘everyday agency’, it becomes evident
that children are routinely active peace-builders in their communities. The
United Nations (2015) defines peace-building as involving ‘a range of
measure targeted to reduce the risk of lapsing or relapsing into conflict by
strengthening national capacities at all levels for conflict management, and
to lay the foundations for sustainable peace and development’. Moreover,
the concept of inclusive peace-building, which the UN Secretary-General
recognised as ‘critical in preventing relapse into violent conflict and pro-
ducing more resilient States and societies’ (United Nations 2012) suggests
the participation of all sectors of society. In this model, any individual or
collective act by conflict-affected children that is directed towards
strengthening communities, building resilience, and resisting violence
can reasonably be considered a contribution towards peace. However,
for children’s peace-building capacities to be understood and even
developed as part of inclusive peace processes, it is necessary first to
understanding children’s agency.
Recent cases of the radicalisation of children in political violence provide
a timely reminder of two a priori claims central to this concern. First, some
children who voluntarily engage with conflict – regardless of whether they
are combatants or peace-builders – demonstrate political awareness of
conflict. This manifests in an understanding of a conflict’s protagonists,
geography, timeline, alleged causes, and goals. Australian teenager Jake
Biladi, for instance, made several written statements demonstrating an
understanding of the politics of the conflict in the Middle East (see ABC
News 2015). This is not uncommon in children who make choices to
become politically active. Research demonstrates that Vietnamese children
who resisted US forces during the Second Indochina War (Huynh et al.
2015) and French children who resisted the Nazis during the Second World
War (Brocklehurst 2006) could demonstrate intelligible knowledge of the
political issues dominating the surrounding violence. Reminiscent of the
courage and forthrightness of Malala Yousafzai, Anne Frank wrote in her
diary during the Second World War: ‘Although I am only fourteen, I know
quite well what I want, I know who is right and who is wrong. I have my
opinions, my own ideas and principles. . . . I feel quite independent of any-
one’ (Frank 1993, 191). This does not dismiss claims that children have been
subject to indoctrination or that they are uniquely vulnerable to political
influence. Children by definition have less life experience, education, and
170 K. LEE-KOO
this project should not even directly advocate that children should be
agents for peace-building. It is simply to acknowledge that in some
cases, they already are. Moreover, as the focus on contemporary peace-
building is moving towards inclusivity and sustainability, children – as
stakeholders in peace – should be visible. Thus, aligning the UN’s global
governance architecture with the lived realities of children in conflict
requires the acceptance of two basic claims: the international community
has a responsibility to protect those children who experience, and are
vulnerable to, all forms of violence within conflict zones; the international
community should acknowledge and support those children who have a
capacity and propensity towards peace-building. The latter should be done
through the systematic gathering of data on children’s everyday activities;
analysis of that data directed towards understanding the relationship
between those activities and sustainable peace; development of a frame-
work that might support such engagements by children (through the
Office for the Special Representative, for example); and appropriate fund-
ing, implementation and monitoring of these activities.
Such realignment challenges our conceptualisation of childhood. Again,
this is not to suggest that children should be considered political actors, or
should have political responsibilities. Rather, this realignment accepts that
political agency is not something that is switched on at the age of 18; rather
it develops over time, with the support of communities. Moreover, this
realignment accepts that politics, like peace, is not only found in traditional
sites of public power such as the Security Council, but also found in the
everyday and in the private spheres of those experiencing conflict.
CONCLUSION
Children face horrific and unique forms of insecurity in armed conflict.
While this impact is well documented and challenged by those actors and
architectures charged with global peace and security, the capacity for
children to build their own secure spaces is not well-documented. This
needs to change. As scholars and practitioners begin to identify the often
small, everyday actions that some children undertake to renegotiate their
vulnerability or maximise their opportunities in conflict, it becomes clear
that children can be a strong, peace-building constituency. This has both
ethical and instrumental implications. In the first instance, it provides
global actors with an opportunity to respect children’s rights and support
their ongoing development as political actors. Second, a stronger
172 K. LEE-KOO
REFERENCES
ABC News (2015). ‘Jake Bilardi: What we know about Melbourne teenager linked
to Islamic State suicide bombing’. ABC News Online. 13 March. Accessed from
http://www.abc.net.au/news/2015-03-13/jake-bilardi-what-we-know-aus
tralian-teenager-islamic-state/6314260.
Brocklehurst, H. (2006). Who’s afraid of children? Children, conflict and interna-
tional relations. Hampshire: Ashgate.
Child Soldiers International (2012) Louder than Words: Information of the invol-
vement on children in armed conflict: http://www.child-soldiers.org/publica
tions_archive.php.
De Certeau, M. (1988). The practice of everyday life. Berkeley: California
University Press.
Dodd, V., & Khomami, N. (2015) ‘Two Bethnal Green schoolgirls ‘now married to
ISIS men’ in Syria. The Guardian. 4 July. https://www.theguardian.com/world/
2015/jul/04/two-bethnal-green-schoolgirls-now-married-isis-men-syria.
Feinstein, C., Giertsen, A., & O’Kane, C. (2010). Children’s participation
in armed conflict and post-conflict peacebuilding. In B. Percy-Smith &
N. Thomas A handbook of children and young people’s participation: Perspectives
from theory and practice (pp. 53–62). Abingdon: Routledge.
Frank, A. (1993). Anne Frank: the diary of a young girl (first published 1947).
Ealing: Bantam.
Huntington, S. P. (1996). The clash of civilisations and the remaking of world
order. New York: Simon & Schuster.
Huynh, K., D’Costa, B., & Lee-Koo, K. (2015). Children and global conflict.
Cambridge: Cambridge University Press.
Kabeer, N. 2010. “Voice, agency and the sounds of silence: A comment on Jane
L. Parpart’s Paper.” Gendered Perspectives on International Development (July).
Kaplan, R. D. ‘The coming anarchy’, Atlantic Monthly, 1 February 1994. http://
www.theatlantic.com/magazine/archive/1994/02/the-coming-anarchy/
304670/.
Lee-Koo, K. (2011). Horror and hope: (re)presenting militarised children in
global North-South relations. Third World Quarterly, 32(4), 725–742.
9 CHILDREN, CONFLICT, AND GLOBAL GOVERNANCE 173
Marianne Hanson
M. Hanson (*)
University of Queensland, Queensland, Australia
e-mail: m.hanson@uq.edu.au
disarmament recently which suggest a safer global future, but on the other
hand, there is significant risk that norms and processes which have pains-
takingly been put into place over the decades will be disregarded and that
agreements will unravel as states and arms industries seek selfish gains over
any collective good.
This chapter begins by providing an overview of recent developments
in weapons control. It outlines the successes that have been made in this
field since the Cold War ended, but also notes some of the setbacks and
controversies which continue to cause concern. This section is followed by
an analysis of what I believe to be four fundamental problems, or practices,
that have plagued in the past – and are likely to plague in the future – the
prospects for controlling weapons. Finally, the chapter will advocate for a
range of actions to be taken at the normative, policy, and institutional
levels if we wish to avert a world of greater insecurity.
The period since 1945 has seen important advances made in the area of
controlling the spread of weapons, and in the past two decades, especially,
there has been a strengthened push to address the proliferation of various
weapons. Accompanying this has been the gradual development of a
perception that some weapons are simply too inhumane ever to be used,
that they violate the fundamentals tenets of international humanitarian
law, and that no civilised state should tolerate their possession or use. The
result of this development is that there is now established in world politics
a strong sense that it is not only processes of arms control which are
important, focusing as they do on limiting the spread of weapons, but
also that processes of disarmament – the actual prohibition and destruc-
tion of specific weapons – are valuable in order to ensure that the most
egregious weapons are never used.
Attempts to control weapons during the Cold War were characterised
by the following factors: there was an almost exclusive focus on nuclear
arms; these processes were conducted mainly by the two superpowers; and
they were very much state-driven initiatives, motivated by considerations
of realpolitik. A few agreements were multilaterally negotiated during the
Cold War: these were the 1968 nuclear Non-Proliferation Treaty (NPT)
which sought to halt the spread of nuclear weapons beyond the five states
which already possessed them (United States, Soviet Union, Britain,
10 GLOBAL WEAPONS PROLIFERATION, DISARMAMENT, AND ARMS CONTROL 177
France, and China, also known as the P5), and which also stipulated that
these same states must at some point eliminate their nuclear weapons;
the Biological Weapons Convention of 1972; and the 1986 Conventional
Forces in Europe Treaty. For the most part, however, weapons control was
not something that afforded small- or medium-sized states any real pro-
spect of sustained involvement or impact. The United States and the
Soviet Union determined what could be addressed or achieved. Nor was
there any real possibility that non-state actors – civil society, or non-
governmental organisations (NGOs) – could play a part in initiating and
directing what were seen as the exclusive prerogatives of states, namely
their security policies and the role of weapons in these policies.
Recent Successes
This situation has changed significantly since the Cold War ended. The
focus has shifted to address conventional weapons (even as concern with
nuclear weapons continues); a greater range of states has been involved
in driving arms control and disarmament processes (sometimes even at
the displeasure of the great powers); and we see a strong civil society
presence which has propelled a number of important agreements forward.
These are the Landmines Convention of 1997, the Cluster Munitions
Convention of 2008, (both of which, importantly, incorporate the provi-
sion of assistance to victims) and the Arms Trade Treaty (ATT) of 2013.
What is striking about each of these achievements is that it was a combina-
tion of civil society actors working in tandem with particular (middle-sized)
states (Canada in the case of landmines, Norway in the case of cluster
munitions, and various states in the case of the ATT) that created these
treaties, and that they have been achieved in large part without the support
of the great powers. Gone too is the exclusive prism of realpolitik; national
security concerns have certainly not vanished, but the weapons control
processes that we see today are motivated as much by humanitarian con-
cerns as they are by anything else. All these agreements have explicitly
focused attention on the inhumane nature of certain weapons, and
have helped to resurrect the importance of international humanitarian law
(formerly known as the Laws of War) as a decisive factor in delegitimising
certain weapons.1
All of these have been very important developments. Whereas for
decades attention was paid mainly to restricting weapons of mass
destruction – that is, nuclear, chemical, and biological weapons – these
178 M. HANSON
new methods of diplomacy and wider range of state and NGO actors has
focused attention on weapons which are commonly used, which have long
been considered ‘conventional’ and part of the sovereign state’s ‘right’ to
armaments necessary for self-defence, and which have thus been largely
immune to questioning or criticism.2 Although the UN has convened,
since 1991, a Register of Conventional Arms, state reporting is done on a
voluntary basis; moreover, the Register cannot itself put pressure on states
to alter their arms trading practices. The result is that ‘business as usual’
has prevailed.
The case of the Arms Trade Treaty – addressing what Kofi Annan
(2006) called ‘the real weapons of mass destruction’ – is thus particularly
notable, because it represents a direct challenge to sovereign states
previously used to manufacturing and supplying weapons – in this case
conventional weapons and especially small arms and light weapons
(SALW) – to other states with relatively little oversight, restraint or
accountability. The ATT does not focus on inhumane weapons per se;
indeed, it is not an arms control or disarmament treaty, but an attempt
to regulate the international trade in conventional weapons. It starts from
the fact that between 300,000 and 500,000 people, most of them civi-
lians, are killed every year by SALW which have in the past been traded,
legally and illegally, with almost no global restraints, and which have
fuelled deadly violence in conflict-prone areas (Amnesty International
2015; Shah 2006). As such, the ATT seeks to prevent the irresponsible
or illegal transfers of weapons, where it is deemed that these might be used
in serious violations of international human rights or humanitarian law,
especially in acts of genocide or crimes against humanity, in gender-based
violence, or in organised crime, and where their presence could adversely
affect regional security or hinder economic development. SALW are
the weapons that are most used globally and which result in the highest
number of deaths, yet until recently were not subject to the raft of
restrictions or banning that we have seen applied to weapons of mass
destruction. They have been circulated widely and freely, and it is esti-
mated that there are now around 875 million SALW in existence and use.
The ATT entered into force on 24 December 2014; importantly, five of
the top ten arms exporters have signed the treaty (United Kingdom,
Germany, Spain, France, and Italy); additionally, the United States and
Israel have signed, but not yet ratified, the treaty. States signatory to the
ATT must report annually on their arms transfers; they will meet to show
progress, assess each other’s actions, and be able to hold other states to
10 GLOBAL WEAPONS PROLIFERATION, DISARMAMENT, AND ARMS CONTROL 179
account. Critics have argued that the ATT does not go far enough, and
that it contains too many loopholes, but in a world where there was little
to prevent a state selling whatever it wanted, to whoever it wanted, this
treaty is a good beginning.3
We have also seen numerous states and NGOs becoming involved in
driving forwards the NPT – primarily to pressure the nuclear weapon
states to fulfil their end of the NPT’s ‘bargain’ by eliminating their nuclear
weapons. (This remains one of the most contentious issues in current
weapons control efforts, and is discussed in greater detail in Tanya
Ogilvie-White’s chapter.) There have been some important nuclear/
WMD-related achievements in recent years: these include the 2010 New
START Treaty between the United States and Russia which will limit the
number of deployed strategic warheads each can hold, the deal reached
with Iran by the United States, Russia, and EU states to restrict Iran’s
nuclear programme, and the destruction of Syrian-held chemical weapons
following the use of these against civilians in 2013.4 While these might be
seen as only isolated achievements, they are important components in
global efforts to restrict and eliminate weapons of mass destruction.
Recent Controversies
Against the generally positive achievements noted above, one must point
to a number of areas where success has been elusive and/or where state
behaviour has continued to hamper global efforts to control weapons.
Although landmine use has decreased sharply with the intensification of
the norm against their use,5 the deployment of cluster munitions con-
tinues and various states affirm their right to these weapons,6 even though
they – like landmines – remain inactive in the ground for long periods and
maim or kill civilians long after a war has ceased. Compliance with the
ATT is also under question, where, recently, Britain has been criticised for
not adhering to the provisions it accepted (Stavrianarkis and Cooper
2016) (Table 10.1).
Of some concern also is the development of new weapons which are
not explicitly subject to any formal treaties. The use of drones (Unmanned
Aerial Vehicles or UAVS) in warfare has increased sharply in recent
years. These are aircraft either controlled by ‘pilots’ from the ground or
increasingly, autonomously with a programmed mission. There are two
categories of drones: those used for reconnaissance and surveillance, and
those armed with weapons (missiles or bombs) designed to kill. Their use
180 M. HANSON
It is the lack of meaningful human control which is the main concern, but
the UN has so far been unable to put together a legally binding instrument
182 M. HANSON
which would ban the development and use of killer robots. This is pri-
marily because of opposition from the United States and the United
Kingdom which want any treaty to focus on future technology only,
leaving existing technological developments free from restraints (Grant
2015).
Nuclear weapons also continue to raise grave concerns, especially as
we have not been able to achieve a Comprehensive Test Ban Treaty or a
Fissile Materials Cut-off Treaty, that proliferation risks remain high, and
that there are still over 15,000 nuclear weapons in existence (see Tanya
Ogilvie-White’s chapter). At a very visible level, the defiance of North
Korea as it continues to test nuclear weapons – the only state in the world
to do so this century – is a grim and unwelcome reminder of this issue, and
the world has rightly condemned these continued violations of the norm
against nuclear testing. But the problem is much bigger than this. The
1968 Non-Proliferation Treaty came to represent something of a global
‘compact’ between the nuclear and non-nuclear weapon states, wherein
the latter would refrain from developing nuclear weapons, in exchange for
the nuclear weapon states’ promise to disarm (and to assist non-nuclear
states with the peaceful use of nuclear energy). But this compact has been
called into question several times and discussions came to an acrimonious
head in 2015, when most states seemed finally to give up on the idea that
the NPT could force the nuclear weapon states to disarm. This has led a
majority of states to seek alternative mechanisms and venues for pursuing
nuclear disarmament, notably through a process called the ‘Humanitarian
Initiative’, an agreement now signed by 127 states, which calls ultimately
for a nuclear weapons ban treaty. Such a treaty would be aspirational,
but would nevertheless have a potentially transformative nature (Acheson
et al. 2014).
From the assessments above, it can be seen that while there have been
some positive achievements in weapons control over the past few years,
these processes nevertheless remain only partially fulfilled, and in some
cases, are at risk of being wound back considerably. Moreover, global
institutions regulating weapons control and disarmament have become
moribund and even dysfunctional; the UN’s Conference on Disarmament
is the prime example here, but the Convention on Certain Conventional
Weapons and the Register of Conventional Arms are also only sporadically
upheld. Even those instruments which seemed to promise significant
change, like the NPT, have become tarnished by the failure of key states
to abide by their obligations to that treaty. The result is that the world
10 GLOBAL WEAPONS PROLIFERATION, DISARMAMENT, AND ARMS CONTROL 183
continues to be at risk from the proliferation and use of weapons, and that
none of the agreements reached will necessarily provide security and save
us from disaster.
how states have interpreted this need for a military capacity has varied
greatly, with some states spending enormous sums on their armed forces,
and others, relatively little.8 The tradition of states manufacturing and/or
acquiring armaments, for defence if nothing else, is a powerful norm
which has informed state practice for centuries, and it will be difficult to
challenge this. It has come to be qualified somewhat with the recent ATT,
but the powerful combination of capitalist forces and largely untram-
melled sovereign state rights has been the major enabler of the build-up
of arms we see at the global, regional and national levels. It will be
extraordinarily difficult to question these long-standing practices and to
re-set issues like state sovereignty within a more restricted or even non-
military ethos. The formulation of ‘sovereignty as responsibility’ that
we have seen applied to human rights, and the state’s ‘Responsibility to
Protect’ its citizens are encouraging developments, and to some extent at
least, the ATT will be able to make states accountable for the armaments
they buy and sell, including those which are bought and sold legally, but
which end up in the ‘wrong hands’, and traded illegally.
Nevertheless, and as Neil Cooper notes, this trend has not produced a fall
in the level of arms sales. Instead, ‘they represent features of an apparent
post-Cold War arms trade paradox, under which a series of factors that
might be expected to produce a decline in defence sales have actually been
accompanied’ by what he shows to be a ‘rise of 60% in the value of global
arms exports between 2000 and 2011’ (Cooper 2012).
was made by ‘a small group of key cabinet members in private’ and that
subsequent British governments continue to take decisions this way. Even
if we allow for the fact that some secrecy might be necessary for security
purposes, it is hard to escape the conclusion that such processes are
designed chiefly to inhibit public scrutiny.
In terms of conventional weapons also, the development of ever-more
destructive and irrationally large arsenals continues, despite doubts about
their strategic usefulness and any logical requirements within contempor-
ary contexts. Again, it is worth considering Hedley Bull’s warnings
55 years ago, that militarization could ‘corrupt liberal and democratic
institutions’ and that the ‘presence of military men [sic], of military
power and the military ethic . . . stifles the prospects of parliamentary or
popular rule’ (Bull 1961: 4). Certainly, we have seen, especially since the
global financial crisis of 2007, that publics are asking their governments to
become more transparent and accountable for the money they spend on
armaments and the military more generally. This is not to say that the
‘guns versus hospitals’ argument is going to be won, and indeed it seems
to be military budgets that, for many states, are the hardest to reduce.
These double standards have had and will continue to have serious
implications for global order and the forging of an effective global weap-
ons governance regime. Again, it is useful to refer to Hedley Bull here.9
For him, ‘the proper purpose of arms control is to advance objectives
endorsed by international society as a whole’ (Bull 1976: 201, emphasis
added) and he believed strongly that processes which only served to
reinforce great power preferences would ultimately not be sustainable.
The frustration at the nuclear weapon states’ intransigence spills over
into attempts to govern conventional weapons also. China, Russia, and
the United States continue to stay outside the Landmines and Cluster
Munitions Conventions, and China and Russia have refused to sign the
ATT.10 If weapons policies are seen as being wielded by the large powers
in line with only their geopolitical interests, then other agreements might
also unravel, as smaller and weaker states refuse to be bound by restrictions
seen as unfair and discriminatory.
NOTES
1. Humanitarian concerns have informed approaches to weapons in the past:
early examples include the 1868 ‘Declaration of St Petersburg to the Effect
of Prohibiting the Use of Certain Projectiles in Wartime’, and the 1925
Geneva Protocol, which stigmatised the use of chemical and biological
weapons in warfare. Yet the application of international humanitarian law
was widely ignored by many states for decades, and this has only been
pronounced in the more recent treaties mentioned above.
2. Attention to what are known as ‘inhumane’ conventional weapons, includ-
ing landmines, was evident from the late 1970s, and the United Nations
launched the 1980 ‘Convention on Certain Conventional Weapons which
may be deemed to be excessively injurious or to have indiscriminate effects’,
(commonly known as the Inhumane Weapons Convention). However, this
agreement has had only a limited effect, and the more recent conventions
and treaties have eclipsed it.
3. An excellent overview of the ATT is provided by the Arms Control
Association 2016.
10 GLOBAL WEAPONS PROLIFERATION, DISARMAMENT, AND ARMS CONTROL 191
BIBLIOGRAPHY
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Ackerman, S. (2014). “41 Men targeted but 1,147 people killed: US drone strikes –
the facts on the ground”, The Guardian, 24 November. http://www.theguar
dian.com/us-news/2014/nov/24/-sp-us-drone-strikes-kill-1147.
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peace and the shrinking costs of war. New York/Oxford: OUP.
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Tanya Ogilvie-White
T. Ogilvie-White (*)
The Australian National University, Canberra, Australia
e-mail: tanya.ogilviewhite@gmail.com
the terms of the treaty, the latter were prohibited from developing them,
thereby establishing two classes of state.2
This class system, members of which are sometimes referred to as the
‘haves’ and ‘have nots’ of the non-proliferation regime, was problematic
from the start. As an incentive to accept their differentiated legal status,
the NNWS received two key concessions that undermined the non-pro-
liferation role of the treaty. First, they were granted ‘inalienable’ rights to
acquire all types of peaceful nuclear technology (Article IV), as long as they
comply with their non-proliferation obligations. Second, NWS accepted
very weak language on treaty withdrawal, agreeing to a provision allowing
NNWS to give three months’ notice of withdrawal if ‘ . . . important
events . . . have jeopardised the supreme interests’ of the state concerned
(Article X). In itself, this concession was not surprising, given the fear
many states had about the threat posed by nuclear-armed adversaries, and
doubts about the long-term durability of their strategic alliances. They were
simply unwilling to permanently forgo the option to acquire their own
nuclear weapons. But the combination of a weak Article X, and in particular
its lack of strong penalties for withdrawal, plus the inalienable right under
the terms of the treaty to develop peaceful nuclear technology (much of
which is dual-use and could potentially be diverted to a military program)
was open to exploitation by cheats. This had the double effect of reducing
the sense of security that the treaty might otherwise have provided to states
wishing to permanently forgo the nuclear option, and increasing the pres-
sure on treaty verification.
In addition to these two concessions, two notable omissions from
the treaty text undermined the treaty’s security role and increased the
fundamental inequity that lies at its core. These omissions – the
absence of a schedule for nuclear disarmament, and the lack of firm
security assurances for most NNWS – create a sense of injustice and
discrimination among some states parties. Neither of these omissions
was a concern for the alliance partners of the United States and Soviet
Union, who were provided with nuclear guarantees as part of their
defence arrangements, but for members of the Non-Aligned Movement
(NAM)3 it was a serious issue (CSSS JMCNS NPT Briefing Book). They
argued that their own security would be unfairly compromised if the
treaty allowed the NWS to retain their nuclear weapons, and allowed a
select group of states to benefit from nuclear umbrellas, while the
remaining NNWS were left to fend for themselves. During negotia-
tions, negotiators from the NAM pushed for strong language on
198 T. OGILVIE-WHITE
IMPLEMENTATION CHALLENGES
Whether or not cheating and breakout remained a theoretical possibility
or became a reality depended to a large extent on how the treaty was
implemented; on the norms, institutions and arrangements that would be
created once it entered into force on 5 March 1970. If states were willing
to sign the treaty and invest in a strong regime and collaborate to the
extent necessary to clarify, maintain, adapt, and enforce it, the treaty’s
weak original framework would be stabilised in the same way that strong
ligaments, tendons, and muscles can compensate for skeletal deficiencies.
It was always a big ‘if’ because while negotiating and signing a treaty is
certainly not easy, creating, maintaining, and expanding the institutions of
global governance is a difficult and perpetual task.
Some of the challenges associated with NPT implementation stem from
differences in the way states parties perceive the relationship between its
three main pillars: non-proliferation, disarmament and peaceful uses.
From the outset, the NWS and the majority of their allies regarded non-
proliferation as the short-term priority, with nuclear disarmament as a
longer-term objective that was largely dependent on creating robust and
universally applicable non-proliferation mechanisms. But other NNWS
(different NAM members at different times) have placed an equal or
greater emphasis on peaceful uses rights and disarmament obligations,
including the need to resolve the problem of holdouts (especially Israel’s
holdout status in the Middle East), and the importance of clarifying,
enforcing, and progressively strengthening the NPT disarmament pillar.
11 CHALLENGES FACING THE NUCLEAR NON-PROLIFERATION TREATY 199
Scholars and practitioners often stress the need for compromise on both
sides, calling for balance in the way all three of the treaty’s main pillars are
implemented to encourage a sense of shared responsibility for the evolving
regime (Tokyo Forum 1999; Evans and Kawaguchi 2009).
Unfortunately, however, the history of NPT implementation from
1970 to the current day shows that compromises have been slow to
emerge and difficult to sustain, with the NWS making and then reneging
on pledges to strengthen the disarmament pillar, and NNWS making and
reneging on non-proliferation pledges. These dynamics are regularly on
display during the treaty’s review conferences (held every 5 years since
1975), during which compromise agreements have either been impossible
to achieve, or adopted and then only patchily followed through
(Dhanapala 2005; Evans et al. 2015). Table 11.1 provides an overview
of this problem, listing the main roadblocks that have prevented consensus
1975 RevCon Consensus final document NAM wanted to support NPT as the
agreed only treaty committing NWS to
negotiate on disarmament
1980 RevCon No consensus document North-South disagreements over the
wording of the CTBT
US-European disagreements over Carter
administration’s efforts to restrict
reprocessing and fast-breeder reactors
1985 RevCon Consensus final document Deep divisions over disarmament
handled via a procedural device
1990 RevCon No consensus document Divisions over disarmament between
NWS and NAM proved too difficult for
a procedural fix
1995 Review and Treaty indefinitely Three decision documents were
Extension extended. adopted, including yardsticks for
Conference Review process progress in disarmament, non-
strengthened (annual proliferation, and proliferation concerns
PrepComs would be held in the Middle East
for 3 years leading up to The end of Cold War had led to deep
each RevCon) bilateral nuclear reductions by US and
Russia
CTBT negotiations were underway in
Vienna
(continued )
200 T. OGILVIE-WHITE
2000 RevCon Final document and ‘13 New Agenda Coalition (NAC) active in
Steps’ adopted, which set building bridge between NWS and
out an expanded NAM
disarmament action plan NWS and EU states agreed on joint
and disarmament documents on disarmament
principles, including an Conference on disarmament was
unequivocal undertaking stalemated over FMCT, so the RevCon
by NWS to accomplish was the only game in town
the total elimination of 1998 tests in India and Pakistan
their nuclear arsenals, increased nuclear fears
leading to disarmament
2005 RevCon No consensus document Iran filibustered over the agenda
Agenda not even agreed Divisions within the NWS
until day 14 US and France backtracked on 13 Steps
Egypt inflexible over the Middle East
WMD-free zone negotiations
NAM refused to agree to any document
that did not advance disarmament
beyond the 13 Steps
2010 RevCon Consensus final document Obama administration took positive
and action plan approach to disarmament and NPT
Conference president diplomacy
developed new procedural Egypt kept Iran in line
fix whereby only forward- Agenda satisfied most parties by
looking elements in the developing three equally balanced plans
final document need to be of action for nuclear non-proliferation,
agreed by consensus disarmament, and peaceful uses
2015 RevCon No consensus document Canada, the UK, and US rejected a
deadline (16 March 2016) for holding
a conference on a Middle East WMD-
free zone
A weak negotiating draft offered
minimal advancement on the
2010 action plan, with major gaps in
effective measures towards nuclear
disarmament, the humanitarian aspects
of nuclear weapons use, and reporting
by the NWS
CTBT – comprehensive test ban treaty; FMCT – fissile material cut-off treaty; PrepCom – Preparatory
Committee; RevCon – Review Conference
11 CHALLENGES FACING THE NUCLEAR NON-PROLIFERATION TREATY 201
being reached in four of the nine NPT Review Conferences that have
taken place from 1975 to 2015, and identifying major areas of backsliding
after consensus documents have been adopted. The issue at stake is not
simply that foot-dragging on disarmament by the NWS causes a reluctance
on the part of some NNWS to cooperate on non-proliferation due to a
deep sense of unfairness (although this frustration is frequently expressed
by political leaders and officials in national capitals as well as NPT forums).5
The problems are complicated and difficult to resolve, involving divisions
within and between the NWS and NNWS groupings, which are influenced
by a complex interplay of strategic, political, economic, and societal factors
that operate at sub-national, national, regional, and international levels.
ways to reduce these risks ought to be a priority for this reason alone, but
the fact that it is neither necessary nor cost-effective for most states to
develop their own enrichment and reprocessing facilities (unless they are
planning to operate twenty or more reactors) should double the incentive.
Despite this, even the most promising multilateral fuel cycle proposals
have been highly controversial and have gained limited support.
The International Framework for Nuclear Energy Cooperation (IFNEC)
is a case in point: it has only thirty-two fully signed up members, and
has attracted only one new member in the past 2 years.7 There are multiple
reasons for this slow uptake by some states and outright rejection by others.
The most commonly stated reason for not supporting the initiative is that it
represents a Western agenda of technology denial that will entrench existing
technology holders in a monopoly position. This criticism is difficult to
convincingly refute, given that about a third of IFNEC members
already have indigenous enrichment or reprocessing capabilities in
place and have no intention of giving them up (see footnote 7 and
Table 11.2). Other objections, which are not articulated as frequently
in public forums, include concerns that even if the IFNEC proposal
was universalised among NPT members, it would not address NWS/
NNWS inequities, the problem of the NPT holdouts, or latency
among existing nuclear technology possessors. It could thus backfire
on the most vulnerable members of the NPT by strengthening the
relative strategic and economic superiority of NWS, latency NNWS,
and NPT holdouts.
Opposition to strengthened safeguards is also multi-causal and deep-
rooted, although not as widespread or as easily justified. Strong safeguards
are necessary to help generate confidence that nuclear activities are peaceful
and are not part of a clandestine nuclear weapons program, and are there-
fore the most critical part of the NPT’s non-proliferation pillar. Despite
this, support for IAEA efforts to strengthen safeguards in response to
lessons learned and technological advances has been patchy.8 The impor-
tance of this task has been clear since the entrenched positions of the NPT’s
original negotiators resulted in the treaty weaknesses described above, and
came into even sharper focus in 1991, when it was discovered that Iraq had
managed to hide a clandestine nuclear weapons program, despite its NNWS
status and despite IAEA monitoring of its nuclear activities. This, the first
clear case of non-compliance with the NPT’s non-proliferation obligations,
confirmed that the IAEA needed much more information about the nuclear
programs of states covered by its safeguards system, including expanded
11 CHALLENGES FACING THE NUCLEAR NON-PROLIFERATION TREATY 203
Argentina NNWS X – X
Australia NNWS X – X
Belgium NNWS – X –
Brazil NNWS X – –
China NWS X X X
France NWS X X X
Germany NNWS X X X
India Non-NPT state X X –
Iran NNWS X – –
Israel Non-NPT state X X –
Italy NNWS – X X
Japan NNWS X X X
Netherlands NNWS X – X
North Korea Withdrew from X X –
NPT in 2003
Pakistan Non-NPT state X X –
Russia NWS X X X
South Africa NNWS X – –
United Kingdom NWS X X X
United States NWS X X X
access for IAEA inspectors to sites where relevant activities take place.
Without this, illicit activities would continue to go undetected, and it
would be impossible to restore confidence in the NPT. Yet the strength-
ened safeguards that were approved by the IAEA Board of Governors in
1997 in response to this situation (voluntary measures, known as additional
protocols (APs)) have been resisted by key NNWS. Moreover, IAEA efforts
to address suspicious nuclear activities and non-compliance by North Korea,
Iran, and Syria have not been universally supported, despite the absolute
necessity of dealing with violators promptly for the sake of the NPT’s
credibility.
Table 11.3 provides some insight into the extent and nature of AP
resistance, providing an overview of the nuclear status of countries that do
not have APs in force. The table needs to be read very carefully because it
includes states engaged in deliberate resistance, as well as those where uptake
has been slow because the states in question lack capacity to implement the
204 T. OGILVIE-WHITE
AP, and in any case have very limited nuclear infrastructure.9 The latter can
be identified by the absence of crosses in any of the five columns, whereas the
former are easily identified by a cross in the first column. Table 11.3 tells an
interesting story in this respect, listing five NNWS with significant nuclear
Algeria X
Argentina X X X
Belarus X
Benin
Brazil X X X
Cameroon
Cabo Verde
Cote d’Ivoire
Egypt X X X
Guinea
Guinea-
Bissau
Honduras
**Iran X X
*Israel X X X
Kiribati
Lao X
Liechtenstein
Malaysia X
Myanmar X ?
*North X X X
Korea
*Pakistan X X X
Senegal X
Serbia X
Syria X X X
Thailand X
Timor-Leste
Tunisia X
Venezuela X X ?
infrastructure or nuclear energy ambitions that have failed to even sign the
AP let alone bring it into force. As the table shows, four of these states
(Venezuela being the exception10) are known to have had nuclear weapons
ambitions in the past, could potentially develop them again, and more than
any other NNWS need to demonstrate a strong commitment to the NPT’s
non-proliferation pillar. This includes Brazil and Argentina, both having
enrichment capabilities and thus are in a position of nuclear latency; and
Egypt and Syria, who had nuclear weapons programs, and failed to disclose
significant nuclear activities to IAEA inspectors.11 This highlights the point
that while Iran’s nuclear activities have tended to dominate media headlines
and preoccupy non-proliferation experts in recent years, the Iran case repre-
sents only one of a number of cases of calculated and deliberate AP resistance
that have major implications for the NPT.
NNWS that have not signed the AP give a variety of reasons for their
actions: Brazil and Argentina both claim that their membership of the
Brazil-Argentine Agency for Accounting and Control of Nuclear Material
(ABACC) puts them in a special position that makes an AP unnecessary,
whereas Egypt and Syria claim that the AP is part of a Western regime of
technology denial, which is based on double standards. There are other
reasons, too. Brazil and Argentina are unwilling to accept additional safe-
guards obligations until the NWS achieve more meaningful progress on
nuclear disarmament, and neither wants to take the plunge before its
neighbour (Rublee, 2012; Kassenova 2014). Egypt and Syria, on the
other hand, are believed to link the AP issue to Israel’s NPT holdout
status: for political and strategic reasons, the AP is unlikely to be palatable
to them until Israel commits to a Middle East WMD-free zone, abandons
its nuclear weapons program, and joins the NPT (see, for example,
Wikileaks Cable 06CAIRO1232_a, 2006).
DISARMAMENT RESISTANCE
Although there are serious problems with non-proliferation resistance,
implementing the NPT’s disarmament pillar is proving even more trou-
blesome and progress is currently grinding to a halt. A decline in trust and
rise in tensions between the NWS themselves is stalling disarmament
momentum to the extent that the era of post-Cold War bilateral and
unilateral cuts in the size of nuclear arsenals and role of nuclear weapons
appears to be over. Moreover, the optimism that accompanied the Obama
administration’s 2009 push for accelerated reductions and doctrinal
206 T. OGILVIE-WHITE
change has abruptly evaporated. The most visible cause of this change is
the decline of relations between the United States and Russia that
occurred as a result of Russia’s aggressive actions in Ukraine, but the
roots of the problem are much deeper and wider, fed by uncertainties
over China’s rapid rise and militarisation; escalating and intractable ten-
sions in East Asia, the Middle East, and South Asia; and a combination of
lawlessness and asymmetries in the development and deployment of new,
destructive, and disruptive technologies (Evans et al. 2015, pp. 19–78).
From an NPT perspective, the most disturbing feature of the rapid
decline in intra-NWS relations is the widening gap between NWS disarma-
ment obligations and actions, and the re-emergence of doctrinal deter-
rence debates last heard at the height of the Cold War. With all five NWS
modernising their nuclear arsenals (Kristensen 2014), nuclear weapons
being assigned new roles, and disarmament negotiations in virtually all
forums stalled, it is hard to avoid the conclusion that nuclear weapons are
being revalued despite the ‘unequivocal undertaking’ that the NWS
pledged at the 2010 NPT Review Conference to accomplish the total
elimination of their nuclear arsenals. The message this reversal sends out to
the NNWS is that nuclear weapons remain essential for preventing major
war, that the world is too dangerous for nuclear disarmament to progress
much beyond current limits, and that this is very unlikely to change for the
foreseeable future (Miasnikov et al. 2015). Unintentionally and very
dangerously, it also sends out the message that NPT obligations are not
high on the list of NWS priorities, and can and will be picked up or
dropped as they see fit.
The collapse of the NPT could too easily become an unintended
consequence of these developments, as divisions between and within
NWS and NNWS groupings could make it impossible to achieve the
unity of resolve needed to sustain the regime (Mecklin 2015). The 2015
NPT Review Conference was an out-and-out failure in this regard, as it
witnessed an intensification of the ‘blame game’: NWS subtly blaming
each other and overtly blaming NPT holdouts and NNWS engaged in
non-proliferation resistance for the NPT’s woes; NNWS both subtly and
overtly blaming each other, and loudly blaming the NPT holdouts and the
NWS engaged in disarmament resistance for the NPT’s problems. The
complex reality is that the responsibility for failed, slow, and stalled imple-
mentation of NPT commitments lies on all sides, because disarmament
and non-proliferation dynamics are linked in a perpetual action-reaction
cycle: a lack confidence in the effectiveness of global nuclear governance
11 CHALLENGES FACING THE NUCLEAR NON-PROLIFERATION TREATY 207
other) can lead to collaborative approaches that help build the mechanisms
of global governance and overcome resistance to them. It would be helpful
to think about this in the NPT context, from the perspective of how intra-
NWS strategic dynamics and NWS/NNWS divisions could be tackled.
In terms of the immediate job of picking up the pieces from the disas-
trous 2015 NPT Review Conference, and devising a rescue strategy for the
2020 review cycle, NWS and NNWS have a huge task on their hands,
requiring them to revisit paths that have proved tricky to navigate in the
past, such as attempts to engage the NPT holdouts on arms control and
disarmament, and discussions on how, in tense strategic conditions, the
NWS and NNWS can demonstrate their good faith commitments to dis-
armament and non-proliferation.12 For their part, the NWS will need to
stretch beyond technical offerings, such as those being developed under the
US-launched International Partnership for Nuclear Disarmament
Verification (IPNDV),13 which are important but tend to have little or no
representation from the global South and are perceived as being part of a
slow and incremental approach to disarmament that mainly serves the
interests of the United States and its allies (Rauf 2016). Important tasks
for NWS and NNWS alike include prioritising the entry into force of the
Comprehensive Test Ban Treaty (CTBT), strengthening safeguards and
export controls, increasing transparency measures (including, among
NWS, outlining systems for de-escalation, and for preventing nuclear acci-
dents), launching a dialogue on possible doctrinal change, such as pledges
by nuclear-armed states not to be the first to use nuclear weapons (so-called
‘no-first-use’ doctrines), engaging constructively with the humanitarian
initiative,14 and pushing forward ideas for multilateral disarmament in the
Open-Ended Working Group (OEWG)15 (Evans, Ogilvie-White and
Thakur; Hanson and Nielsen 2015; Nielsen and Osztaskina 2015).
Engagement by all NPT states parties in these efforts is crucial, to ensure
that they are mutually reinforcing, and that the important strategic role of
the NPT continues to be recognised despite growing divisions and frustra-
tions, and demonstrate that all states recognise their shared responsibility to
manage and eventually eliminate nuclear risks.
CONCLUSION
Given the NPT’s underlying weaknesses, it is not surprising that it has often
failed to live up to expectations. In some respects, it is remarkable it has been
as successful as it has, with almost universal membership and only one
11 CHALLENGES FACING THE NUCLEAR NON-PROLIFERATION TREATY 209
NOTES
1. The origins of the NPT date back to the late 1950s and early 1960s, when
the spread of nuclear technology to additional states sparked fears of uncon-
trolled nuclear weapons proliferation and nuclear holocaust. These fears
were made all the more compelling by advances in nuclear technology: the
capacity of thermonuclear weapons to dwarf the atomic devastation of
Hiroshima and Nagasaki. Against this backdrop, and following a string of
failed efforts to kick-start multilateral disarmament negotiations in the UN
210 T. OGILVIE-WHITE
General Assembly, in 1965 the United States and USSR threw their weight
behind a proposal (put forward by representatives of the global South)
calling for a treaty to prevent the spread of nuclear weapons and to bring
about nuclear disarmament. That proposal became UN General Assembly
resolution 2028 (1965), which led to the formation of an eighteen-nation
committee tasked with negotiating a treaty text. The text that emerged from
these negotiations became the NPT. The treaty opened for signature on 1
July 1968 and entered into force on 5 March 1970, when it had been
ratified by forty states. For an accurate account of the negotiations, see
‘Treaty on the Non-Proliferation of Nuclear Weapons, 1968,’ United
Nations Audiovisual Library of International Law, http://legal.un.org/
avl/pdf/ha/tnpt/tnpt_ph_e.pdf.
2. This distinguishes the NPT from the other two legal frameworks that deal
with unconventional weapons: The Biological Weapons Convention, and
the Chemical Weapons Convention, both of which are single-class regimes,
with all states parties subject to the same rights and obligations.
3. The NAM was formed during the Cold War as an organization of countries
that did not want to formally align with the United States or the Soviet
Union. It comprises the largest grouping of states engaged on nuclear
disarmament and non-proliferation issues, representing more than two-
thirds of NPT members.
4. This might have scuppered the treaty but for the fact that the NWS passed
Security Council Resolution 255 on 19 June 1968, pledging to uphold their
obligations under the UN Charter in the event of a nuclear attack on the
NNWS. The resolution represented a political commitment and was not
legally binding.
5. The relationship between non-proliferation and disarmament is sometimes
downplayed by scholars and practitioners (Grotto 2008; Ford 2010).
However, more nuanced discussions that examine direct and indirect lin-
kages conclude that although the relationship is sometimes exaggerated, it is
nonetheless significant (Knopf 2014).
6. This idea was first proposed in the 1940s, revisited in the 1970s, and
looked at again by the IAEA in the early 2000s. Other proposals that
also aim to prevent the misuse of nuclear programs for non-peaceful
purposes focus on efforts to minimise the production and use of highly
enriched uranium (HEU) by encouraging states to shut down HEU-
fuelled reactors and replace them with less proliferation-sensitive low-
enriched uranium (LEU) alternatives. For practical details of both types
of proposal, see Evans et al. 2015, pp. 234–236 (multinational control of
the fuel cycle) and pp. 197–207 and 230 (HEU minimization).
7. The basic idea behind IFNEC is that nuclear suppliers would commit to
provide nuclear consumers with long-term whole-of-life fuel service
11 CHALLENGES FACING THE NUCLEAR NON-PROLIFERATION TREATY 211
assurances. Suppliers would provide fresh fuel and take back used fuel, or
otherwise assist with used fuel management. IFNEC members include:
Argentina, Armenia, Australia, Bahrain, Bulgaria, Canada, China, Estonia,
France, Germany, Ghana, Hungary, Italy, Japan, Jordan, Kazakhstan,
Kenya, Republic of Korea, Kuwait, Lithuania, Morocco, Netherlands,
Niger, Oman, Poland, Romania, Russia, Senegal, Slovenia, Ukraine, UAE,
UK, and US. For further information, see the IFNEC website: http://
www.ifnec.org.
8. The IAEA is mandated to verify the non-diversion of nuclear materials
under Article III.
9. For example, there are twelve states in which IAEA comprehensive safe-
guards agreements are not in force, let alone the AP: Benin, Cabo Verde,
Djibouti, Equatorial Guinea, Eritrea, Guinea, Guinea Bissau, Liberia,
Micronesia, Sao Tome & Principe, Somalia, and Timor-Leste. None of
these states are of proliferation concern in terms of their potential breakout
intentions or capacity.
10. There have also been questions about the nuclear ambitions of Myanmar
and Venezuela, although both have very limited nuclear infrastructure.
Venezuela continues to resist signing the AP, but Myanmar recently signed
and has promised to bring it into force as soon as possible.
11. From 2004–2007, IAEA inspectors and third parties uncovered evidence
that Egyptian scientists had engaged in undeclared nuclear activities
(Goldschmidt 2009; Rublee 2009). Syria‘s illicit nuclear activities have
been more extensive. This, combined with the country’s failure to cooperate
with the IAEA in its investigations, led the Board of Governors to declare
Syria to be in non-compliance with its safeguards obligations in 2011.
12. Proposals that were directed at the NWS during the 2015 NPT review cycle
could be revisited (see Evans et al. 2015), but new ideas are also needed. To
have any chance of success, disarmament/deterrence divides need to be
bridged (Ogilvie-White 2013; Nielsen and Osztaskina 2015).
13. The IPNDV, which was launched by the United States in December in
2014, brings together the United States, United Kingdom, France, and
more than twenty-five NNWS in a collaborative effort to understand the
technical problems of verifying nuclear disarmament. It builds on an earlier
UK-Norway initiative.
14. The humanitarian initiative, which was launched in 2013, brings together
states, NGOs, and civil society at a series of international conferences to
discuss the risks associated with nuclear weapons and the impact of their use.
The United States, United Kingdom, India, and Pakistan attended the
December 2014 conference in Vienna, and China sent an observer.
15. In 2015, the UN General Assembly passed a resolution to convene an OEWG
to ‘substantively address concrete effective legal measures, legal provisions and
212 T. OGILVIE-WHITE
BIBLIOGRAPHY
2015 NPT Review Conference Briefing Book. (2015). New York:Reaching Critical Will,
http://www.reachingcriticalwill.org/resources/publications-and-research/publi
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A/RES/70/33. (2015). UN General Assembly, New York, 7 December 2015,
CSSS JMCNS NPT briefing book. 2012 Edition. Part I.
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Geneva: UNIDIR 2005.
Evans, G., Ogilvie-White, T., & Thakur, R. (2015). Nuclear weapons: The state of
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Evans, G., & Yuriko Kawaguchi, Y. (2009), Eliminating nuclear threats: A
practical agenda for global policymakers, Report of the International
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http://www.stanleyfoundation.org/publications/other/GROTTO~1.pdf.
Hanson, M., & Nielsen, J. (2015), “Towards a brave new nuclear world?”
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11 CHALLENGES FACING THE NUCLEAR NON-PROLIFERATION TREATY 213
Greg Austin
We can access cyberspace with a single click. We can connect with doctors
saving lives in Liberia as quickly as we can with terrorists at their training
camps in Syria, Afghanistan or the Americas. All the while, someone
somewhere is watching us, or at least recording every such connection
we make. Of special note, the new ‘big brother’ keeping his close eye on us
is more likely to be a corporation than a state. Understanding the implica-
tions for security of each single click is a complex, multi-layered, and novel
undertaking. Cyberspace has reduced if not obliterated pre-existing
boundaries between states, communities, corporations, and people when
it comes to their security. Cyber weapons have altered the balance between
costs and benefits of coercive or criminal behaviour at all levels of society.
Moral accountability for security at the keyboard has been transformed
by the speed, global reach, and surprising permanence of our electronic
footprints. In fact, our footprints in cyberspace have become like finger-
prints, with artificial intelligence now able to undertake forensic recon-
struction of electronic touches for purposes as diverse as bringing us to
court or to new levels of consumerism, or simply keeping a watchful eye
upon us lest we dare have radical thoughts. Military strategies have been
G. Austin (*)
University of New South Wales, Canberra, Australia
e-mail: G.Austin@adfa.edu.au
All of this is occurring at the dawn of the cyber age. Looking ahead,
some of the world’s greatest minds fear the worst. Steven Hawking has
suggested to the BBC that ‘The development of full artificial intelligence
could spell the end of the human race’ (Cellan-Jones 2014). This view
was based on a well-developed position paper and a four-paragraph open
letter prepared by the Future of Life Institute and initially signed by
around 150 leading researchers from the world’s top universities, as well
as at least one leading light from Google (FLI 2015). The position paper
released in January 2015 placed considerable importance on the need for
ensuring ‘human-in-control’ verification systems of the most advanced
systems. This paper understated the dangers of advanced artificial
12 RESTRAINT AND GOVERNANCE IN CYBERSPACE 217
(continued )
12 RESTRAINT AND GOVERNANCE IN CYBERSPACE 219
• States should not attack each other’s critical infrastructure for the
purpose of damaging it
• States should not target each other’s cyber emergency response
systems
• States should assist in the investigation of cyberattacks and cyber-
crime launched from their territories when requested to do so by
other states.
Legal Harmonisation
On a panel of chief counsel of leading tech companies meeting in Palo
Alto in 2013, one of the participants observed, in the presence of this
author, that it is impossible for global corporations to comply simulta-
neously with the laws on privacy and national security of all jurisdictions in
which they operate. The companies are forced to know exactly where they
are breaking the laws (in which country) and to have risk management
strategies in place to respond. So too it seems, their views on ethics in
cyberspace are driven by protecting shareholder value, not by moral
obligation or reflection.
12 RESTRAINT AND GOVERNANCE IN CYBERSPACE 223
Patriotism
Previously a bedrock of national security, and already under threat because
of globalisation in all its forms, patriotism has been further redefined and
eroded in the cyber age. At the individual level, we see this in the conscious
decision of staff at Symantec Corporation to ignore their allegiance as US
citizens to interfere with and disclose a live intelligence operation by the
United States government in Operation Olympic Games – the deployment
of Stuxnet to sabotage Iranian nuclear centrifuges (Zetter 2011). The staff
involved decided that their first obligation as members of a global corpora-
tion supplying services to the security of customers was to that mission ahead
of supporting (by not disclosing) a cyberattack by the US government. At
the corporate level, after the leaks by Edward Snowden in June 2013, itself
an act that sought to refine patriotism in the information age, the leading
firms named by him, such as Cisco and Microsoft, as direct and knowing
participants in US espionage, have aggressively sought to distance themselves
from being seen as ‘patriotic’ American corporations. Their posture now is to
treat all government clients as equal in spite of their legal personality having
US nationality by dint of their incorporation in the United States.
Privacy
The privacy of all commercial transactions, no matter how big or how
small, if recorded by computer of any kind, is now under threat globally.
A hacker group released details of millions of customer of an infidelity
dating site, Ashley Maddison, because they claimed (somewhat per-
versely) the company had failed to honour its confidentiality and privacy
commitments to delete data of clients who ceased to subscribe. Previously
secret offshore banking arrangements have been disclosed en masse in a
number of incidents involving terabytes of information, the latest case
involving some 11 million documents from the Panamanian legal firm,
Mossack Fonseca.
Counter-Surveillance
Counter-surveillance action by citizens groups relying on advanced ICT
assets against state-authorised cyber repression has become commonplace.
There are community-based and university-based groups working inter-
nationally to expose censorship processes in countries like China and
224 G. AUSTIN
Sanders opt in favour of this last approach, concluding that the ethical
issues raised ‘are not uncontroversially unique’ but ‘are sufficiently novel
to render inadequate the adoption of standard macroethics’, such as
utilitarianism and duty-based concepts (deontology, based on the Greek
word for duty ‘deon’). They argue for an Information Ethics (IE) in which
the moral character of an action is evaluated according to its ‘contribution
to the growth of the infosphere’ or conversely, whether it ‘negatively
affects the whole infosphere’ (Floridi and Sanders 2002: 8). (Relying on
an analogy with the biosphere in which all living things are interconnected
in a global ecosystem, they imagine the infosphere as all information
objects interconnected in a global information ecosystem).
This framing may sound somewhat esoteric and abstract, but in looking
at global security governance we must proceed with at least some insight
from the philosophical sphere. The purpose here is to highlight one parti-
cular question. Is the advent of the information age fundamentally trans-
formative of the moral essence (normative and political foundations) of all
affected societies? The chapter assumes that the answer to this question is in
the affirmative. It proceeds on the assumption that the advent of the
information age has been, in the words of Floridi and Saunders ‘sufficiently
novel to render inadequate’ prior macro-ethics. The material facts of
economic and social organisation of the information age have the effect
therefore of forcing a transformation of all the old values regardless of the
wishes of those in positions of power, both internationally and domestically.
Those states and political actors most adept at exploiting new forms of
power created by the information age will prosper relative to those states
and actors less able to exploit them. This view represents a global con-
sensus of sorts represented by the convening by the UN of the WSIS in
2002, and its continuance as a standing mechanism of the UN.
The problem statement posed in this chapter cannot be meaningfully
equated with the dominant paradigm of the foreign policy of the govern-
ments of Western states for the information age: the protection of internet
freedom. This is indeed a foundation, and must be pursued, but the
governance challenges posed by war-related or surveillance activities, by
demands for social and economic justice and equitable access, and by
developments in technologies themselves are far more serious and intract-
able than freedom of the internet, by many orders of magnitude.
For now at least, the primary and most promising vector for positive
change on cyberspace security policy appears to be pursuit of mutual
restraint based on two foundation principles. First is the idea that the
230 G. AUSTIN
highest national security interests of all states and their citizens are best
served by organising for peaceful advance of economic and social interests,
both corporate and personal. Second is the idea that this reorientation to
peaceable state behaviour is enabled, even necessitated, far more by the
advent of the information age than ever before. But if Hawking is correct,
this is a window of opportunity that may not remain open indefinitely.
BIBLIOGRAPHY
Alexander, D. (2014) ‘Hagel, ahead of China trip, urges military restraint in
cyberspace’, Reuters, 28 March, 2014, http://www.reuters.com/article/us-
usa-defense-cybersecurity-idUSBREA2R1ZH20140328.
Austin, G. (2014). Cyber policy in China. Cambridge: Polity Press.
Austin, G. (2016). International legal norms in cyberspace: Evolution of China’s
national security motivations. In A.-M. Osula & H. Rõigas (Eds.),
International cyber norms: Legal, policy & industry perspectives (pp. 172–201).
Tallinn: NATO CCDCOE Publications.
Austin, G., & Cappon, E. (2014). A measure of restraint in cyberspace: Reducing
risk to civilian nuclear assets. New York/Brussels/Moscow: EastWest Institute.
Austin, G., Cappon, E., McConnell, B., & Kostyuk, N. (2014). A measure of
restraint in cyberspace: Reducing risk to civilian nuclear assets (p. 26). New
York/Brussels/Moscow: EastWest Institute, 2014.
Austin, G., & Gady, F. (2012) ‘Cyber Detente between the United States and
China’, EastWest Institute, New York/Brussels/Moscow, co-authored with
Franz Stefan Gady, November 2012, 20 pp, http://www.eastwest.ngo/
idea/cyber-detente-between-united-states-and-china.
Austin, G., McConnell, B., & Neutze, J. (2015). Promoting international cyber
norms: A new advocay forum (p. 19). New York/Brussels/Moscow: EastWest
Institute, 2015.
Breznitz, D. (2007). Innovation and the State: Political choices and strategies
for growth in Israel, Taiwan and Ireland. New Haven, CT: Yale University
Press.
Brown, D. (2006). A Proposal for an international convention to regulate the use
of information systems in armed conflict. Harvard International Law Journal,
47((2006)): 179.
Bynum, T. (1998). Ethics in the information age. Web post. http://rccs.southernct.
edu/on-the-emerging-global-information-ethics/#ethics-in-the-information-age.
Accessed 3 May 2016.
Cellan-Jones, R. ‘Stephen Hawking warns artificial intelligence could end man-
kind’, BBC News, 2 December 2014, http://www.bbc.com/news/technology-
30290540.
12 RESTRAINT AND GOVERNANCE IN CYBERSPACE 231
Posen, B. (2014b) ‘A New U.S. Grand strategy’, Boston Review, 1 July 2014,
https://bostonreview.net/us/barry-r-posen-restraint-grand-strategy-united-
states.
Russia (2015) Order on the Signing on an Agreement between the Russian
Federation and the People’s Republic of China on Cooperation in the Field
of Securing International Information Security, Russian Government, (in
Russian), Moscow, 30 April 2015, http://pravo.gov.ru/laws/acts/34/
555656451088.html.
United Nations (2015a) Letter dated 9 January 2015 from the Permanent
Representatives of China, Kazakhstan, Kyrgyzstan, the Russian Federation,
Tajikistan and Uzbekistan to the United Nations addressed to the Secretary-
General, A/69/723, 13 January 2015, https://ccdcoe.org/sites/default/
files/documents/UN-150113-CodeOfConduct.pdf.
United Nations (2015b) ‘Report of the Group of Governmental Experts
on Developments in the Field of Information and Telecommunications in the
Context of International Security’ (UN GGE 2015), A/70/174, 22 July 2015,
http://www.un.org/ga/search/view_doc.asp?symbol=A/70/174.
United Nations (2015c) Human Rights Council, ‘Resolution on the right to
privacy in the digital age’, UN Doc A/HRC/28/L.27, 24 March 2015
United States (2015a) ‘DoD Cyber Strategy’, Department of Defense,
Washington, DC, 2015, http://www.defense.gov/Portals/1/features/
2015/0415_cyber-strategy/Final_2015_DoD_CYBER_STRATEGY_for_
web.pdf.
United States (2015b), ‘Beyond the Build: Delivering Outcomes through
Cyberspace’, U.S. Department of Defense, Cyber Command, Washington,
DC, June 2015, http://www.defense.gov/Portals/1/features/2015/0415_
cyber-strategy/docs/US-Cyber-Command-Commanders-Vision.pdf.
United States (2015c) ‘Readout of Senior Administration Officials’ Meeting with
Secretary of the Central Political and Legal Affairs Commission of the
Communist Party of China Meng Jianzhu’, White House, 12 September
2015, https://www.whitehouse.gov/the-press-office/2015/09/12/read
out-senior-administration-officials-meeting-secretary-central.
United States (2015d), Testimony Before Policy Hearing Titled: ‘Cybersecurity:
Setting the Rules for Responsible Global Behavior’, Christopher Painter,
Coordinator for Cyber Issues, Senate Foreign Relations Committee
Subcommittee on East Asia, the Pacific, and International Cybersecurity,
Washington, DC, 14 May 14, http://www.state.gov/s/cyberissues/release
sandremarks/243801.htm.
Vallor, S. (2013b). The future of military virtue: Autonomous systems and the
moral deskilling of the military. In K. Podins, J. Stinissen, & M. Maybaum
(Eds.), 2013 5th International conference on cyber conflict. Tallinn: NATO
CCD COE Publications, 2013.
12 RESTRAINT AND GOVERNANCE IN CYBERSPACE 233
Walker, P. A. (2015b). Law of the horse to law of the submarine: The future of
state behavior in cyberspace. In M. Maybaum, A.-M. Osula, & L. Lindström
(Eds.), 2015 7th international conference on cyber conflict: Architectures in
cyberspace. Tallinn: NATO CCD COE Publications.
Zetter, K. (2011) ‘How digital detectives deciphered Stuxnet, the most menacing
malware in history’, Wired Magazine, 7 November 2011, http://www.wired.
com/2011/07/how-digital-detectives-deciphered-stuxnet/.
Greg Austin is professor in the Australian Centre for Cyber Security at the
University of New South Wales (Canberra) and concurrently serves as a
Professorial Fellow with the EastWest Institute (EWI) in New York. His books
include Cyber Policy in China (John Wiley & Sons, 2014), Power and Responsibility
in Chinese Foreign Policy (ANU E Press, 2014, second printing) co-edited with
Yongjin Zhang, Energy and Conflict Prevention (Madariaga European Foundation,
2010) co-edited with Marie Ange Schellekens Gaiffe, and Japan and Greater
China: Political Economy and Military Power in the Asian Century (Hurst 2001)
co-authored with Stuart Harris.
CHAPTER 13
Rita Parker
Biological agents are not constrained by sovereign borders and can have a
devastating effect either in the form of an infectious disease pandemic or as
a result of scientific experimentation. This chapter analyses key issues and
problems associated with biological security issues and dual-use research
including governance arrangements to address those concerns.
PANDEMICS
Although a pandemic is determined by the spread of the disease rather the
number of deaths it causes, the mortality rates of global disease outbreaks
are noteworthy particularly because of the wider impact on civil society
and machinery of governance. For example, the first recorded outbreak of
bubonic plague in 541–542 AD in Constantinople and Egypt known as
the Plague of Justinian, resulted in approximately 50 to 60 % of the
population dying. ‘The plague acted as a stressor or a solvent on the
machinery of empire’ (Price-Smith 2009: 38), resulting in erosion of
R. Parker (*)
University of New South Wales, Canberra, Australia
e-mail: R.Parker@adfa.edu.au
civil and state cohesion, prosperity and power. The 1918–1919 influenza
pandemic had a mortality rate of 2.5% of those infected and, at the time it
had the highest mortality rate since the fourteenth century plague
known as the ‘Black Death’. More recently, according to the World
Health Organization, almost 78 million people have been infected with
the HIV virus and about 39 million people have died of HIV. Globally,
35.0 million (33.2–37.2 million) people were living with HIV at the end
of 2013 (WHO 2016b). In 2005, avian influenza (H5N1) also known as
‘bird flu’ had a laboratory confirmed mortality rate of 60 % in those
infected with the disease (WHO 2016c). In 2012 the Middle East
Respiratory Syndrome (MERS) was first identified and it has a mortality
rate of 36% in reported cases in twenty-six countries (WHO 2016d).
As noted above there are different types of infectious disease including
different forms of influenza that have resulted in pandemics. An influenza
pandemic occurs when key factors converge: an influenza virus emerges
with the ability to cause sustained transmission from human-to-human,
and there is very low, or no, immunity to the virus among most people.
Biological risks arising from disease can be developed as part of natural
processes or deliberately, and diseases can be spread unintentionally or
intentionally. In the interconnected world of today, a localised epidemic
can rapidly transform into a pandemic.
In the first half of the nineteenth century, cholera was prevalent through-
out Europe. This resulted in an early example of the way a health issue was
formally reframed within a politico-diplomatic context by actors outside the
health sector. The spread of infectious disease became the subject of inter-
national diplomacy and it was raised at the first International Sanitary
Conference in Paris in 1851 (Elbe 2010:163). In the twentieth and
twenty-first centuries, the world experienced several infectious diseases
that have had the potential to, or did, spread sufficiently to become a
pandemic. In addition to health concerns, infectious diseases hold implica-
tions for human security as well as having several socio-economic implica-
tions that are not necessarily immediately evident, such as absenteeism, loss
of productivity, and increased levels of insecurity in civil society.
The mortality rates of pandemics across different demographics and
regions sometimes equate to those in war-zones, although the accuracy of
mortality data can inhibit appropriate policy responses. Estimating the
actual number of individual cases and deaths is challenging because, in
addition to laboratories stopping testing when overwhelmed, many people
do not seek medical care; secondly, only a small number of those who do
13 PANDEMICS AND DUAL-USE RESEARCH 237
seek care are tested; and thirdly, more people who are hospitalised or die
of pandemic-related causes are tested and reported. But under-reporting
of hospitalisations and deaths occurs as well because they are not always
accurately attributed to an epidemic or pandemic. This has implications
for pandemic planners and implicitly means that any planning assumptions
need to be rigorously objective and equally, civil society needs to be
engaged as part of the planning process to ensure ongoing resilience in
adverse circumstances. Fundamental to the planning process are the
assumptions relating to the pandemic and the basis of those assumptions.
Flawed assumptions can have significant policy and resource implications
as well as potentially devastating effects on civil society. For example,
planning for an Ebola pandemic based on the 1918–1919 influenza pan-
demic with its mortality rate of 2.5% of those infected, would be grossly
inaccurate. Ebola has a mortality rate of approximately 50% of those
infected (World Health Organization 2016a).
Following the re-emergence of H5N1 in 2003 and the outbreak of
SARS in the same year, nation-states and relevant international institutions
have invested in pandemic preparedness. While the World Health
Organization has assisted with planning guidance, the ability of a state
to respond depends on the extent of health resources, their disease sur-
veillance capabilities, reporting system, health system surge capacity, and
access to health facilities.
From a global perspective, because of the transnational nature of pan-
demics, international cooperation and coordination are critical elements.
Consequently, the cross-border nature of pandemics has contributed to
greater cooperation and information sharing and these are reflected, to
some extent, in the 2007 International Health Regulations (Hagen
2013:165). The Regulations set out the obligations of member-states
and the WHO in responding to cross-border public health risks. The
IHR require countries to report certain disease outbreaks and public
health events to the WHO. The regulations aim to prevent, protect
against, control and respond to the international spread of disease while
avoiding unnecessary interference with international traffic and trade.
Under the IHR, States are required to notify the WHO of all events that
may constitute a public health emergency of international concern and to
respond to requests for verification of information regarding such events.
Secondly, States are required to notify and report events and other infor-
mation through their National IHR Focal Points to a regional WHO IHR
Contact Points Focal points and Contact points must be available on a
238 R. PARKER
by state and non-state actors. In 1763 the British army deliberately gave
smallpox contaminated blankets to Native American Indians and in World
War One, packhorses used by the Allies were targeted by the German
military with disease-causing organisms to disrupt supply lines. At the time
the French signed the 1925 Geneva Protocol,1 they were also developing a
biological warfare program to complement the chemical weapons program
established in the First World War (Rosebury and Kabat 1947: 7–96).
Similarly, the former Soviet Union commenced its biological weapons
program in the 1920s although it too was a signatory to the 1925
Protocol.
In the Second World War, in addition to human biological experimen-
tation carried out in Nazi Germany, the United States launched its biolo-
gical warfare program to produce a number of biological agents such as
anthrax, botulism, and plague. In Britain, programs were underway to
develop anthrax spores and to develop a way to disseminate them when
delivered with a conventional bomb, and between 1936 and 1944
Hungary conducted an offensive biological weapons program (Faludi
1988: 67–72). Outside Europe, a major offensive biological warfare pro-
gram began in Japan and ran from 1931 to 1945. The Japanese tested
biological agents on humans as well as employing biological agents in
military field operations. In China, for example, artillery shells filled with
germs were used. The Japanese human experimentation was largely con-
ducted in China on Chinese prisoners of war. The Japanese developed
capabilities to produce kilogram quantities of bacteria for plague, anthrax,
typhoid, cholera, dysentery and other diseases (Dando 2006: 22–23). It is
estimated that about 600 people died each year as a direct result of
experimentation conducted by the Japanese Unit 731.
In the early 1980s the South African Defense Force is alleged to have
begun a small-scale biological weapons program, primarily investigating
B anthracis and V cholerae. The biological agents were allegedly used, but
details are not available. The program was closed in 1993 after diplomatic
interventions by the United States and the United Kingdom, coincident
with the demise of the apartheid regime (Leitenberg 2001).
Mousepox
The skills, knowledge, and technology to create new viruses, and therefore
potential bioweapons, are available in almost any biotechnology labora-
tory. A dangerous virus can be created, even unintentionally, as the
following example demonstrates.
An experiment in 2001 by Australian scientists inadvertently showed
that the virulence of the mousepox virus could be significantly enhanced
by the incorporation of a standard immuno-regulator2 gene. Although the
goal of the research was benign, the results held dual-use concerns and
implications for the development of future bio-weapons. In response to a
mouse plague, scientists set out to create a strain of mousepox virus that
would cause sterility in female mice. However, they accidently found a way
to genetically engineer the 100 % lethal mousepox virus, which is related
to smallpox and is highly contagious. Inadvertently, the researchers
genetically engineered a powerful virus which could kill mice that were
naturally resistant to, as well as mice that had been vaccinated against,
ordinary mousepox. Even those mice which had been vaccinated against
13 PANDEMICS AND DUAL-USE RESEARCH 241
mousepox, fared badly with half dying immediately (Jackson et al. 2001:
1205–1210).
Until that time, biological weapons concerns had focused on the use of
existing pathogens. However, the mousepox study demonstrated that not
only was it possibly to develop a lethal virus, but it also indicated that the
necessary skills and capabilities were readily available. The scientists
involved in the study raised concerns and debated about making the
data public. The research was published in the Journal of Virology in
2001. This resulted in critics raising concerns that they had alerted
would-be terrorists to new ways of making biological weapons and had
provided them with explicit instructions (Selgelid and Weir 2010: 18).
This study highlighted a number of concerns which were revisited 10 years
later in the H5N1 experiments.
H5N1 Experimentation
The confluence of developments in biotechnology genetic engineering
and technologies has added a further level of complexity regarding the
governance and control mechanisms for the research and use of biological
agents in the twenty-first century. Given the prospect of dual-use and
progress in biotechnology, proliferation of biological weapons can be
achieved relatively easily – particularly if there is intent. Gene-designed
organisms can be used to produce potential bio-weapons. Concern about
the development and use of biological agents in the twenty-first century
has largely been focused on non-state actors. However, state funded
research continues to raise concerns not necessarily about the initial intent,
but of the potential for the research outcomes to be misappropriated,
misused, or exploited.
For example, in 2011, two separate international research studies were
funded by the US National Institute of Health to examine the mammalian
transmissibility of highly pathogenic avian influenza (HPAI) H5N1
viruses. While the gain-of-function3 research is typically defined more
broadly as a mutation that confers a new or enhanced activity to a protein,
for the purposes of the two research studies, it refers specifically to those
that increase the transmissibility, increase the pathogenicity, or alter the
host range of HPAI H5N1 viruses (National Institute of Health 2012).
Researchers at the University of Wisconsin in the United States and the
Erasmus Medical Center in Rotterdam, Netherlands based their study
around two questions regarding why the virus had not become a
242 R. PARKER
UK Royal Society, Lord May, who denounced the work of the team under
Professor Chen Hualan, Director of China’s National Avian Influenza
Reference Laboratory. While the research was reportedly conducted in a
laboratory with the second highest security level to prevent the virus
escaping containment, May is reported to have said: ‘The record of con-
tainment in labs like this is not reassuring. They are taking it upon
themselves to create human-to-human transmission of very dangerous
viruses. It’s appallingly irresponsible’ (Connor 2013).
Delivery Systems
Both nation-states and non-state actors have an ongoing interest in the
development and use of biological agents and the use of infectious bacteria
as bio-weapons. The main past impediment has been effective delivery
systems, and the difference between the delivery requirements of non-state
actors and nation-states is worth noting (Ackerman and Moran 2006: 4).
To achieve the strategic effect of diminishing military capability on the
battlefield it would be necessary to have uniform, stable aerosol droplets
containing trichothecene mycotoxins.5 However, non-state actors may
244 R. PARKER
seek to cause fear and chaos in civil society and therefore would not
require such consistent delivery, and a less effective delivery of a less exotic
agent, such as ricin, might serve their purposes.
A decision to weaponise a biological agent means it needs to be pre-
pared in a form that can readily infect people and then be delivered
efficiently to its target. The choice of biological agent will influence the
delivery system. For example, a non-contagious disease like anthrax would
require a sophisticated delivery system to disperse the agent over a wide
area because every victim would have to come in contact with the agent.
However, the delivery system for a contagious disease, such as pneumonic
plague or smallpox, would not need to be highly sophisticated because it
would only be necessary to infect a small number of people. After that the
initial victims would themselves spread the disease to others. Highly
contagious and lethal pathogens can present an even greater danger than
nuclear weapons in that they are not limited to the geographical target
area, and can continue to spread indefinitely.
Based on past examples of the unsuccessful deployment of biological
weapons, there has been a view that there is relatively little future threat of
their use by non-state actors. However, the ability to obtain a pathogen,
weaponise the agent, and employ or disperse the weapon needs to be
considered in terms of capability and intent. As groups such as Al Qaeda,
Daesch, and ISIS (Islamic State of Iraq and the Levant), and nation-states
gain capability, the overall level of risk and threat to nation-states and to
their civil societies increases. Relatively low barriers to entry combined
with the high impact potential of bio-weapons are important considera-
tions. Both chemical and biological weapons can be less expensive to
manufacture and require fewer infrastructures than nuclear weapons.
The availability of open-source information and material, developments
in biotechnology sciences, and inexpensive equipment, make the
production of bioweapons an attractive option for non-state actors, and
some nation-states (Office of Technology Assessment 1993: 38). The
Rajneeshee cult, which attempted to use salmonella to achieve a political
outcome in the US state of Oregon in 1984, obtained pathogens legally
from culture collections (Carus 1984: 118–135).
The release of harmful biological agents has the potential to cause
significant damage to civil society and the way it operates. Consequently,
it is imperative that a nation-state has appropriate preparatory and
response measures in place to ensure the resilience of civil society, and
that insecurities are minimised.
13 PANDEMICS AND DUAL-USE RESEARCH 245
CONCLUSION
The geopolitical environment of the twenty-first century has been chal-
lenged in an unprecedented way by a number of transnational security
issues including from biological sources which are evident at a nation-state
as well as at a global level. Nation-states have different levels of governance
arrangements, capacity, capability, and resources to deal with infectious
diseases as pandemics or dual-use research of concern which could be used
to create biological weapons. The way forward could include mechanisms
and strategies at a civil, national and global level addressing community
communication, ethical, policy, and definitional issues as set out briefly
below.
First, there is an unexplored opportunity for a nation-state to take the
initiative by beginning an incremental public conversation about the risks
associated with biological research and potential bioweapons threats. This
248 R. PARKER
Member States which also participate in the Australia Group could lever-
age their participation to achieve this goal. Biological concerns associated
with scientific developments and experiments such as synthetic biology,
dual-use research, and gain-of-function research have added a new level of
complexity and challenge for policymakers. While a number of nation-
states appear to be quite well prepared to deal with an epidemic or a
pandemic, many lack policy structures to deal with more complex aspects
of dual-use research. Individual nation-states could review their definitions
of biosecurity to reflect more accurately the complexities of biological
security challenges. The definition of biosecurity developed by the
Federation of American Scientists (Federation of American Scientists,
2012) provides an appropriate foundation. The FAS defines biosecurity as
While these proposed steps would not provide a perfect solution, they
would offer a positive and constructive way forward to reduce insecurity
and to enhance resilience within nation-states and globally.
NOTES
1. The 1925 Geneva Protocol refers to the Protocol for the Prohibition of the
Use in War of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare. The Protocol prohibits the use of
chemical and biological weapons in war. The Protocol was drawn up and
signed at a conference which was held in Geneva under the auspices of the
League of Nations from 4 May to 17 June 1925, and it entered into force on
8 February 1928.
2. Immuno-regulation is the control of specific immune responses and
interactions.
3. Gain-of-function research uses experiments to introduce or amplify a gene
product. This type of research is intended to increase the transmissibility,
host range, or virulence of pathogens.
4. Tularemia is a disease of animals and humans caused by the bacterium
Francisella tularensis. Rabbits, hares, and rodents are especially susceptible
250 R. PARKER
and often die in large numbers during outbreaks. Humans can be infected
and it can prove fatal.
5. The trichothecene mycotoxins are a group of toxins that occur as contami-
nants from mould or may occur naturally in foodstuffs or in livestock feeds.
6. Confidence-building measures were developed between military alliances
during the Cold War to avoid nuclear attacks by accident. They have
widened into other areas, military and non-military. The United Nations
Office of Disarmament Affairs (UNODA) identifies CBMs in three cate-
gories: information exchange; observation and verification; and military
constraint.
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Rita Parker is Visiting Fellow at the University of New South Wales, Canberra,
Australia, and former Distinguished Fellow George Mason University, Virginia,
USA, and a senior international relations and security policy advisor to the
Australian Government. Her areas of expertise include resilience and nontradi-
tional challenges to security, including threats from non-state actors and from
non-human sources. Recent publications include ‘Food a Non-traditional
Challenge to Security’ in B. Mascitelli and B O’Mahoney (Eds), Good Food for
All: Developing knowledge relationships between China and Australia (2015);
‘Lessons on Resilience’, NFG Policy Paper Series, Freie Universität, Berlin, 11/
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CHAPTER 14
Sara E. Davies
For the last two decades a strategy employed by health professionals, scien-
tists, and diplomats has been to play the ‘health security card’ to achieve
particular trade, diplomatic, strategic, and development goals (Elbe 2011).
The presumption has been that the securitisation of health will harness global
political leadership and resources. This marriage of health issues to security
logic has been met with a mix of applause, caution, and critique (Feldbaum et
al. 2010; McInnes and Rushton 2013; Hanrieder and Kreuder-Sonnen
2014). But the presumption has remained that, for the most part, the
marriage of health issues to security will ‘harness political leadership and
resources for various international health issues’ (Elbe 2011: 220).
In the last 15 years, there have been three United Nations Security
Council (UNSC) resolutions that have specifically referred to health
matters – S/Res/1308 (2000), S/Res/1983 (2011), both concerning
HIV/AIDs, and S/Res/2177 (2014) in response to the Ebola viral
disease outbreak in West Africa. In December 2012, the United Nations
General Assembly (UNGA) passed resolution A/67/L.36, Global
Health and Foreign Policy, the fifth resolution on global health and
foreign policy resolution to pass in the UNGA since the adoption of the
of the chapter I examine two cases, one where a type of security logic
was deliberately employed to frame the ‘health emergency’ (Framework
Convention on Tobacco Control or FCTC) and one where human
rights logic was initially deployed when advocating for its creation (the
Global Alliance for Vaccine Immunization or GAVI). I evaluate what
‘health security’ looks like in these global health initiatives and explore
the presumption that ‘security discourse’ must be present in comparing
these two major, successful global health initiatives.
HEALTH SECURITY
States have a history of formal international agreements addressing health
matters and health threats, particularly infectious diseases, from the
Decree of Quarantine in Ragusa-Dubrovnik in 1377 (Mackowiak and
Sehdev 2002) to the International Sanitary Conference in 1851 (Fidler
2003) and the revised International Health Regulations in 2007 (Davies
et al. 2015). However, the treatment of health as a ‘low politics’ priority at
the international level remained the case through most of the formative
years of nation-building in the nineteenth and twentieth centuries (Fidler
1999). This was in spite of its great strategic benefit for colonial era
expansion, winning wars and rapid industrialisation (Diamond 1997).
In contemporary politics, a range of actors – such as foreign governments,
non-governmental organisations (NGOs), pharmaceutical companies,
private donors, and international organisations – drive a variety of different
health agendas that influence priorities within individual states and affect the
resources that are available to individual health workers and opportunities
for patients (Youde 2012). Likewise, the post–Second World War Bretton
Woods system had a profound influence upon health-care policy and prac-
tice around the world, with key lending institutions like the World Bank
promoting particular health-care systems and policies in their lending pro-
grammes (Sridhar 2012). In this period, key discourses such as ‘Health for
All’, the Essential Medicines List, and Right to Health emerged in the
absence of linkage to security. These discourses brought in a range of actors
including international organisations, NGOs and transnational corporations
with the power to shape health opportunities and outcomes within and
amongst states (Gagnon and Labonté 2011). In the 1990s, however, for-
eign and defence ministries became increasingly interested in global health
policy – particularly infectious diseases – which would be referred to as
having a ‘securitising’ effect on health (McInnes and Lee 2006).
256 S.E. DAVIES
In a similar vein, David Fidler’s seminal 1999 book International Law and
Infectious Diseases argued that with the increased risk of drug-resistant
microbes in the twenty first century, as identified by public health officials
(Institute of Medicine 1992; Heymann 1996), it will become important
to ‘understand the international politics of infectious disease control, or
microbialpolitik’ (Fidler 1999: 19). Microbialpolitik, argued Fidler, was
258 S.E. DAVIES
Rushton and Williams 2012). One of the central claims of the former
approach is that health securitisation is an effective way of galvanising
diplomatic engagement amongst states and other actors, resulting in the
allocation of political will and material resources (Collier and Lakoff 2008;
Elbe 2011; Hafner and Shiffman 2013).
In the next part of the chapter I examine this core assumption. In
particular, I explore whether the effectiveness of health initiatives is tied
to their securitisation, focusing on the examples of two major health
initiatives. I examine the Tobacco Free Initiative (TFI) and the GAVI.
Interest in these two cases comes from exploring the above presumption
that security and health, particularly concerning infectious diseases, drives,
and delivers policy momentum. While there is debate about whether that
momentum translates into ‘real’ policy progress or whether it is mere
rhetoric deployed at particular crises/events with no lasting impact, there
is no debate that health security has dominated global health and foreign
policy discourse (Feldbaum et al. 2010; McInnes and Rushton 2013).
Below, I briefly examine the dominance of health security in successful
global health initiatives – one where you would expect it to be deliberately
deployed (GAVI) and one where it was not (TFI). TFI and GAVI, I
contend, are interesting cases precisely because they confound the issue-
framing conventions about the relationship between health and security.
CONFOUNDING EXPECTATIONS
A global health initiative is defined in this chapter as ‘an emerging and
global trend in health. They are usually focused on state, international
organisation and public–private partnerships. Global initiatives typically
target specific diseases and are supposed to bring additional resources to
health efforts’ (WHO 2015).
First, understanding the rhetoric and concepts used to frame the initia-
tive. Each initiative has produced a significant volume of material outlining
its purpose, scope and mandate. For the purposes of this chapter, I focused
on the ‘founding’ document for each initiative. In the case of TFI, the
Framework Convention on Tobacco Control, adopted by the World
Health Assembly in 2003, 8 years after the Convention was first proposed
in the 1995 World Health Assembly. The Framework Convention was the
outcome of the TFI and details ‘a regulatory strategy to address addictive
substances; in contrast to previous drug control treaties, the WHO
Framework Convention asserts the importance of demand reduction stra-
tegies as well as supply issues’ (WHO 2003). Included in the Framework
Convention document analysed is an Annex 2, which details the history of
drafting the Framework from 1995 to 2003. For GAVI, the document
analysed is the GAVI Meeting of the Proto-Board in Seattle, July 1999.
This document details GAVI’s terms of reference, mission, objectives,
functions, structure, milestones, and budget priorities.
An interest in the discourse used in the founding document of each
initiative is informed by the premise outlined in the above literature – to
what extent security frames were employed to justify, conceptualise, and
operationalise these two global health initiatives which remain, success-
fully, in place today.
Second, once accepting the premise that securitisation is deliberately
engaged the two documents were analysed to identify a set of ‘bench-
marks’ to guide its assessment of the extent to which a health initiative has
aligned with security. Both documents were examined in detail for the
presence of ‘speech acts’ (Hansen 2012) – the initiative itself or actors
associated with the initiative identified an existential threat or risk and
speech acts that called for the adoption of extraordinary measures. Was the
initiative itself referred to as ‘security’, ‘threat’, or ‘risk’. Who was the
‘referent object’ identified – the group threatened; who was the functional
actor capable of protecting the referent object from the identified threat
(Buzan et al. 1998: 26–39); and what was the ‘scale’ of securitisation
utitlised to emphasise the need for extraordinary measures (Buzan and
Weaver 2009).
Third, discourse analysis (Hansen 2012). In this case, the discourse
within the two documents were analysed using NVivo Software. For the
purposes of this chapter, I refer to three query searches conducted to
analyse the perspectives being presented in the two documents concerning
the threat the initiative is addressing, who the initiative is ‘protecting’ and
14 ADVOCATING GLOBAL HEALTH SECURITY 263
Findings
Discourse analysis of the TFI and GAVI documents produced three key
findings. The first, unexpected, find was that the TFI initiative was
framed just as much in security terms as was GAVI. The number of
securitisation ‘speech acts’ (Hansen 2012) searched and located in the
Framework Convention was practically the same at GAVI – 0.08% and
0.07%, respectively (speech act terms: secure, threat, risk, mission, extra-
ordinary, urgent). In both cases, the presence of security language was
less than 1% of each document. What was significant was that in the
search for ‘other’ normative terms (terms: responsible, rights, develop,
needs, poor) – the Framework Convention was comparatively high at
1.05%, and a similar search for GAVI came at 0.4% references. However,
given the Framework Convention is a legal document the presence of
‘right/rights’ partly accounts for high percentage compared to GAVI.
Contextual analysis of these terms reveals further detail in how the
documents framed the problem, the referent actor and the functional
actor (see Table 14.1).
In the Framework Convention – despite higher use of ‘other’ (non-
security) normative language than GAVI – there is a clear disposition
towards identifying the state as the ‘functional’ actor responsible for taking
measures necessary to protect the population from tobacco sale, use, and
morbidity. The Convention directly refers to populations at risk (women
and minors) and the need for member states to support civil society
capacity to inform and educate tobacco awareness in these populations.
Again, this is a legal instrument so the emphasis on member states is not
264 S.E. DAVIES
Table 14.1 Word tree results from ‘Security’ and ‘Other Normative’ word
searches in GAVI and TFI founding documents
Security terms Other normative terms
CONCLUSION
What is the value of securitisation when it comes to building and sustain-
ing global political interest in health issues? Some contend that global
health security has not run its course and continues to have utility in
building state interest, particularly the resources of foreign affairs and
defence departments, to secure global health diplomacy objectives
(Kickbusch et al. 2007; Feldbaum et al. 2010; Elbe 2011). Others
contend it is a ‘smokescreen’ that captures short bursts of attention
that are episodic and may have immediate impact but no essential ‘follow
through’ (McInnes and Rushton 2013). In this chapter, I explored how
global health initiatives securitise and what becomes of them. I deliber-
ately chose two successful initiatives with the expectation that one had
securitised a conventional health issue – vaccine preventable infectious
diseases – and one had not – tobacco regulation. In examining the cases
of TFI and GAVI, I looked at their core document: their mission and
value statements reflected in, respectively, the Framework Convention
on Tobacco Control and the first meeting documents of GAVI. Speech
acts, identified as the hallmark of securitising moves, were analysed in
both documents and contrasted with ‘non-securitisation’ or ‘other nor-
mative’ language.
The Framework Convention engaged in more securitising language or
‘speech acts’ compared to GAVI but both contained more references to
human rights and responsibilities discourse. In neither case did it appear as
if actors had taken a conscious decision to securitise the issue any more
than they chose to articulate the issue in terms of human rights obligations.
In the case of the Framework Convention where a focus on security was
expected and to a greater extent seen here was an equally strong presence
of human rights and ‘sovereignty as responsibility’ language. The security
discourse may have helped capture attention but it was not the only
discursive tool at play and neither did it obviously displace other discourses.
In the case of GAVI, the initiative identified its primary mission as fulfilling
the rights of the child; whereas for TFI, emphasis was member states
fulfilling their responsibility to address the threat of tobacco related illness
from tobacco usage. GAVI appears to have a single referent – the right of
the child to health via immunisation; while TFI related to a multitude of
actors. The operationalisation of the initiative(s) and their embeddedness
in global health architecture dominated the discussion far more than the
framing language. Framing language constituted a relatively small part
14 ADVOCATING GLOBAL HEALTH SECURITY 267
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Savitri Taylor
This chapter was written while the author was an academic visitor at the
Melbourne Social Equity Institute, University of Melbourne. Its content was
current as at 28 September 2015.
S. Taylor (*)
La Trobe University Law School, Melbourne, Australia
e-mail: S.Taylor@latrobe.edu.au
At the end of 2014 there were 14.4 million refugees falling into categories
(1) and (2) and 1.8 million asylum seekers (UNHCR 2015c, p. 2) who
were registered with UNHCR worldwide.1 In addition, at the end of
2014, UNHCR had to contend with 126,823 returnees, 3.5 million
stateless people and 32,274,619 IDPs worldwide (UNHCR 2015c,
276 S. TAYLOR
Regional Architecture
As well as the international architecture just canvassed, there also exists
regional architecture intended to cater for the protection needs of some
forced migrants. In Africa, 45 states have ratified the OAU Convention
governing the specific aspects of refugee problems in Africa (1969) (OAU
Convention) which extends the definition of ‘refugee’ beyond the Refugee
Convention definition to cover also
This provision does not seem to have been much used, however, probably
because most states parties face similar resource constraints (Okello 2014).
In Latin America, the Cartagena Declaration on Refugees adopted
at a meeting of experts in 1984 has been a very influential document.
Although the Cartagena Declaration has no claim to being an interna-
tional legal instrument, 14 countries in the region have passed domestic
legislation adopting its refugee definition (Harley 2014, p. 24), which
extends beyond the Refugee Convention definition to cover also ‘persons
who have fled their country because their lives, safety or freedom have
been threatened by generalized violence, foreign aggression, internal con-
flicts, massive violation of human rights or other circumstances which have
seriously disturbed public order’.
Further, in November 2004, 20 Latin American countries adopted the
Mexico Declaration and Plan of Action to Strengthen International
Protection of Refugees in Latin America (MPA) which sets out a frame-
work for improving refugee protection in the region including through
the establishment of a Regional Solidarity Resettlement Programme.
Although the MPA is not legally binding, it is being implemented
(Harley 2014).
Unlike the two regions discussed thus far, the Asia Pacific has very little
by way of regional refugee protection architecture. In 2001, the Asian-
African Legal Consultative Organization3 adopted the final text of the
legally non-binding Bangkok Principles on the Status and Treatment of
Refugees. The Bangkok Principles’ definition of ‘refugee’ (Art. I) is very
similar to the OAU Convention definition. As well as a non-refoulement
15 THE INTERNATIONAL GOVERNANCE OF FORCED MIGRATION 279
provision (Art. II), the Principles contain an asylum provision (Art. III)
similar to that in the OAU Convention. Unlike the OAU Convention,
the Principles also contain a provision specifying minimum standards of
treatment of refugees (Art. IV). Finally, the Principles contain elaborate
provisions dealing with international cooperation (Art. VIII) and burden
sharing (Art. X). The Bangkok Principles were adopted with the aim of
influencing state practice. However, they have had no impact on state
practice to date (Taylor 2015).
In 2011, the 45 Bali Process countries adopted the legally non-binding
Regional Cooperation Framework (RCF). Although primarily a frame-
work for border control cooperation, the RCF does provide (Bali Process
Co-Chairs’ 2011, para. 16):
ii. Where appropriate and possible, asylum seekers should have access to
consistent assessment processes, whether through a set of harmonised
arrangements or through the possible establishment of regional assessment
arrangements, which might include a centre or centres, taking into account
any existing sub-regional arrangements.
iii. Persons found to be refugees under those assessment processes should be
provided with a durable solution, including voluntary repatriation, reset-
tlement within and outside the region and, where appropriate, possible ‘in
country’ solutions.
A BROKEN SYSTEM
Let us now consider by way of example how the current governance
architecture handled forced migration crises which unfolded in Asia and
Europe in 2015.
In Asia, a sharp increase in the number of Rohingya, Bangladeshis, and
others engaging in irregular movement across the Indian Ocean
(UNHCR 2015a) was accompanied by reports that Indonesia, Malaysia,
and Thailand were ‘pushing back’ or ‘helping on’ these people from their
shores. Thousands were left stranded at sea for lack of willing rescuers. By
mid-year, the death toll for 2015 was an estimated 370 people (UNHCR
2015a).
15 THE INTERNATIONAL GOVERNANCE OF FORCED MIGRATION 281
Article 78(3) of the Treaty for the Function of the EU which enables the
Council to adopt provisional measures for the benefit of member states
‘confronted by an emergency situation characterised by a sudden inflow
of nationals of third countries’. The first Council decision, adopted on
14 September 2015, provides for the relocation of 40,000 asylum seekers
from Italy and Greece to other EU states with distribution on the basis of
optional commitments by those other states (European Commission
2015c). The second Council decision, adopted by majority vote on
22 September 2015, provides for the relocation of an additional
120,000 asylum seekers over 2 years from Greece, Italy, and potentially
other similarly burdened EU states, across the rest of the EU. Unlike the
first decision, the second decision allocates a specified number of asylum
seekers to each EU state according to a distribution formula that is not set
out in the decision itself (European Commission 2015c). The Czech
Republic, Hungary (which had earlier refused an offer to be a beneficiary
of the relocation scheme), Romania, and Slovakia voted against the deci-
sion but are legally bound to take the asylum seeker quotas allocated to
them. Conversely, Denmark and Ireland, which along with the United
Kingdom have a legal entitlement to opt out, have opted into the scheme,
and the associated Schengen states of Norway and Switzerland will
be participating voluntarily (European Commission 2015c). What has
become very clear, however, is that a permanent EU mechanism for
equitable redistribution of asylum seekers is a long way off being achieved.
In terms of forced migration governance architecture, the Asia Pacific
and Europe are at opposite ends of the spectrum. Most Asia Pacific
countries have remained outside the international refugee regime and
there is no regional regime of which to speak. By contrast all European
countries except Andorra, Moldova, and San Marino are part of the
international refugee regime and the EU also has the most strongly
legalised and institutionalised regime of all regional refugee regimes.
Despite these differences both regions responded in a similar way to the
forced migration crises with which they were faced in 2015. In both
regions, states responded unilaterally in the first instance before attempt-
ing to seek a multilateral solution. In both regions, a multilateral solution
was pursued primarily at a regional rather than an international level. This
is not to say that extra-regional actors were unconcerned about the crises
or that regional actors did not envisage extra-regional actors playing a role
in a solution. What is meant rather is that in each situation regional actors
were prepared to solve the region’s problem by pushing it off to another
284 S. TAYLOR
part of the world. Finally, and most significantly, at both the national and
the regional level the states concerned prioritised defending their borders
against unauthorised incursion (i.e. prioritised national security broadly
conceived) over addressing the humanitarian plight of those moving.
[n]othing in this Protocol shall affect the rights, obligations and responsi-
bilities of States and individuals under international law, including inter-
national humanitarian law and international human rights law and, in
particular, where applicable, the 1951 Convention and the 1967 Protocol
relating to the Status of Refugees and the principle of non-refoulement as
contained therein. (Trafficking Protocol Art. 14(1) and Smuggling Protocol
Art. 19(1))
15 THE INTERNATIONAL GOVERNANCE OF FORCED MIGRATION 285
However, this clause simply prevents states parties from using the
Protocols as an excuse for direct violations of their other international
law obligations. These two treaties are the tip of the iceberg. There are
various other agreements, institutions, and processes through which states
and other actors cooperate on security broadly defined in ways which
impact adversely on forced migrants.
The supranational regime with the most obvious potential to bolster
the refugee regime is the human rights regime. The International
Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (1990) (Migrant Workers Convention), which is
a core treaty of the international human rights regime, has been ratified by
only 48 states, none of which are labour receiving countries, and it
expressly does not apply to ‘refugees’ in most instances. However, the
Migrant Workers Convention is really a distraction from the rights which
are owed to ‘everyone’ by the 164 states parties to the International
Covenant on Economic, Social and Cultural Rights (1966) and 168 states
parties to the International Covenant on Civil and Political Rights
(1966). In fact, most of the rights conferred on ‘refugees’ by the
Refugee Convention fall far short of the rights universally conferred by
the two main human rights treaties.4 It is true that these human rights
treaties do not impose an obligation on states to provide any refugee with
a durable solution in the sense of full membership of their national com-
munity. However, if states became serious about treating the rights they
do contain as human rights rather than citizens’ rights, refugees anywhere
could lead fully human lives free of fear and want. It then would not
matter nearly as much that the refugee regime has a missing part.
In relation to durable solutions, since 2007 UNHCR has been promot-
ing the idea of using labour migration/mobility schemes to supplement
the three – repatriation, local integration, and resettlement – on which it
has traditionally focused. However, it has emphasised that
Labour Organization (ILO) and sought to make use of its labour standard
legal frameworks (UNHCR 2007, para. 68). The problem is that the two
ILO Conventions specifically dealing with labour migrants are poorly rati-
fied. The Migration for Employment Convention (Revised) (No. 97) (1949)
has only 49 states parties and Migrant Workers (Supplementary Provisions)
Convention (No. 143) (1975) has only 23 states parties.
As well as forging bilateral partnerships with relevant agencies working
in overlapping subject domains, UNHCR has been an active member of
the Global Migration Group (UNHCR 2007, para. 67). The Global
Migration Group was established by UN Secretary-General in early 2006
to coordination action on migration.5 It has grown from 10 agencies in
2006 to 18 agencies in 2015,6 but has not been as effective as it could be
in fostering coordinated migration governance at an international level.
This is because most of the agencies involved are really not very interested
in migration (Oberoi 2010, p. 250) and the remaining few have been
somewhat more focused on protecting their turf than on collaboration
(International Catholic Migration Commission (ICMC) 2010, p. 20).
Also in 2006, the UN General Assembly held a High-Level Dialogue on
International Migration and Development with the objective of identifying
ways and means of maximising the development benefits of international
migration and minimising its negative impacts (UNDESA 2015a). The
High-Level Dialogue was followed up by the establishment of the Global
Forum on Migration and Development (GFMD). The GFMD is an infor-
mal government-led annual dialogue process with the purpose of fostering
cooperation on migration and development (GFMD 2015a). While GFMD
sits outside the UN system, it has strong links to the system through the
participation of the UN Secretary-General’s Special Representative on
International Migration and Development and the Global Migration
Group. Among other things, the Global Migration Group is supposed to
take follow-up action on recommendations made during the GFMD meet-
ings (GFMD 2015b). Despite the mechanisms just described, in the years
following the 2006 High-Level Dialogue, there was more talk about con-
structive international cooperation on migration than there was action on it.
In October 2013, the UN General Assembly held a second High-Level
Dialogue on International Migration and Development. The purpose of the
High-Level Dialogue was ‘to identify concrete measures to strengthen coher-
ence and cooperation at all levels, with a view to enhancing the benefits of
international migration for migrants and countries alike and its important links
to development, while reducing its negative implications’ (UNDESA 2015b,
15 THE INTERNATIONAL GOVERNANCE OF FORCED MIGRATION 287
It remains to be seen whether states will back up with action the under-
taking that international migration cooperation will involve ‘full respect
for human rights and the humane treatment of migrants regardless of
migration status, of refugees and of displaced persons’.
CONCLUSION
The architecture currently in place for the governance of forced migration
is not merely incomplete but broken. However, it is not possible to
improve the way in which forced migration is governed by focusing
288 S. TAYLOR
NOTES
1. These statistics exclude the 5.1 million Palestinian refugees registered with
UNRWA at the end of 2014 (UNHCR 2015c, p. 2).
2. The Refugee Convention provides (Art. 34):
‘The Contracting States shall as far as possible facilitate the assimilation and
naturalization of refugees. They shall in particular make every effort to
15 THE INTERNATIONAL GOVERNANCE OF FORCED MIGRATION 289
BIBLIOGRAPHY
Bali Process Co-Chairs 2011, ‘Co-Chairs Statement’, Fourth Bali Regional
Ministerial Conference on People Smuggling, Trafficking in Persons and
Related Transnational Crime, 29-30 March, viewed 23 September 2015,
http://www.baliprocess.net/files/110330_FINAL_Ministerial_Co-chairs%
20statement%20BRMC%20IV.doc.
Betts, A., Loescher, G., & Milner, J. (2012). The United Nations High Commissioner
for Refugees (UNHCR): The politics and practice of refugee protection (2nd edn).
Abingdon, UK: Routledge.
Convention relating to the Status of Refugees 1951, 189 UNTS 137, opened for
signature 28 July 1951, entered into force 22 April 1954
Convention relating to the Status of Stateless Persons 1954, 360 UNTS 117, opened
for signature 28 September 1954, entered into force 6 June 1960
European Commission 2015a, ‘Managing the refugee crisis: Immediate operational,
budgetary and legal measures under the European Agenda on Migration’, Press
Releases, 23 September, viewed 24 September 2015, http://europa.eu/rapid/
press-release_IP-15-5700_en.htm.
290 S. TAYLOR
UNHCR 2007. Refugee protection and durable solutions in the context of interna-
tional migration (A discussion paper prepared for the High Commissioner’s
Dialogue on Protection Challenges), viewed 27 September 2015, http://
www.unhcr.org/4742a6b72.html.
UNHCR 2012, Refugee protection and mixed migration: The 10-point plan in
action, viewed 27 September 2015, http://www.unhcr.org/50ab86d09.html.
UNHCR 2015a, South-East Asia mixed maritime movement April – June
2015, 28 August, viewed 20 September 2015, http://www.unhcr.org/
554c6a746.html.
UNHCR 2015b, ‘Mediterranean Sea crossings exceed 300,000, including
200,000 to Greece’, Briefing Notes, 28 August, viewed 20 September 2015,
http://www.unhcr.org/55e033816.html.
UNHCR 2015c, Global trends: Forced displacement in 2014, UNHCR, Geneva
UNHCR 2015d, UNHCR global report 2014, UNHCR, Geneva.
UNHCR2015e, UNHCR projected global resettlement needs 2016, UNHCR,
Geneva.
Morten B. Pedersen
With the deepening of the global security agenda over the past twenty
years or so to include threats not only to the state but also to individuals
and communities, international human rights have been elevated to a
security issue. Although the exact relationship between human rights
and human security is contested (Oberleitner 2005; Howard-Hassmann
2012), no person can meaningfully be said to be secure unless she or he
enjoys basic human rights both in principle and in practice.
The international human rights regime is significantly older than the
relatively recent human security agenda, tracing its institutional roots to
the 1945 UN Charter and subsequent elaboration of universal standards
and procedures of human rights through the International Bill of Rights and
associated mechanisms.1 However, the work on establishing effective inter-
national arrangements for protecting human rights remains unfinished and –
notwithstanding some excitement about the new norm of Responsibility to
Protect – the securitisation of human rights has done little to bring that
agenda forward. Thus, it is commonplace to point out that more than a half
century after the adoption of the first major international human rights
INTERNATIONAL LAW
The post-Second World War era has seen impressive progress on institu-
tionalising international human rights norms through an ever-expanding
number of international treaties, state signatories, and multilateral over-
sight mechanisms, mostly linked to the United Nations system. States’
16 THREE GENERATIONS OF INTERNATIONAL HUMAN RIGHTS GOVERNANCE 295
INTERNATIONAL SANCTIONS3
The perceived toothlessness of the multilateral treaty system contributed
to the rise of the international human rights movement, which particularly
since the end of the Cold War has worked to develop means to enforce
296 M.B. PEDERSEN
against the foreign sender, causing domestic groups to rally around the
authoritarian leadership and actually strengthening the regime internally.6
In addition to such negative motivational reactions, outside pressure
often provokes defensive measures by the target government to shore up
regime stability that negatively affect human rights. This typically includes
measures to impede any further mobilisation of anti-regime forces, for
example, through a tightening of censorship or preemptive crackdowns on
signs of dissent, including increased use of extrajudicial arrests and torture.
Governments targeted by human rights sanctions also often take steps to
shield regime supporters from the adverse economic effects of sanctions –
or increase their rewards for loyal behaviour – by redistributing scarce state
resources away from general development and social services to private
consumption (Wood 2008).7 Preventive restrictions on international
exchanges, including foreign media and humanitarian agencies, can
exacerbate the situation by reducing the ability of external actors to help
the victims of human rights violations.
Sanctions also cause direct harm by denying the population the benefits of
normal trade, investments, aid, and other international exchanges. The
immediate loss of jobs or other income has at times seriously affected millions
of people (Pedersen 2008). Still, the most debilitating effects typically arise
over time as the cumulative effects of international isolation and bad govern-
ance insidiously erode target countries’ economic and social infrastructure,
causing long-term damage that can only be reversed with great difficulty and
at great expense (Bossoyt 2000; Gibbons 1999). Attempts by sanctioning
governments to alleviate such harm through increased humanitarian assis-
tance is a ‘fool’s errand’. Humanitarian assistance at best provides a Band-Aid
for selected groups (and not necessarily those hardest hit by sanctions).
Moreover, humanitarian actors are frequently caught between international
sanctions regulations, which complicate the deliverance of aid, and local
authorities who further restrict humanitarian space out of fear that foreign
aid organisations might engage in subversive political activities (Crisis Group
2008). As former UN Secretary-General Boutros Boutros-Ghali (1995,
p. 16) concluded in his influential 1995 Supplement to an Agenda for Peace
report, sanctions are ‘a blunt instrument that inflicts suffering on vulnerable
groups, complicates the work of humanitarian agencies, [and] causes long-
term damage to the productive capacity of target nations’.
The ultimate irony of human rights sanctions, though, is that they often
weaken the ability of pro-rights constituencies within the target country to
bring about change and protect the population. Once human rights become
16 THREE GENERATIONS OF INTERNATIONAL HUMAN RIGHTS GOVERNANCE 299
associated with foreign demands and pressure, such values are (further)
delegitimised within the local context. This weakens moderates within the
regime who risk being dismissed as unnationalistic, casts suspicion about
opposition groups that come to be viewed as ‘fifth columnists’, and generally
makes it harder for domestic pro-rights constituencies to argue for change.
At the material level, increased repression and weakening of the socio-
economic basis of civil society also make it harder for opposition groups to
organise and mobilise against the authoritarian regime. Unlike more affluent
societies where economic stagnation may produce social unrest, in already
impoverished countries further scarcity is more likely to strengthen state
control as people become more dependent on the state for their survival
needs or simply no longer have the time and resources to engage in politics.
Over the past decade and a half, growing recognition of the political
limitations and humanitarian costs of comprehensive sanctions regimes
have seen both an intellectual and a practical shift towards the use of so-
called ‘smart’ or targeted sanctions. Theoretically, by targeting the inter-
ests of leaders of the offending states and their closest supporters rather
than the general economy, sanctions can be made more effective and
collateral damage can be minimised. Targeted sanctions, however, have
proven hard to implement effectively (Gordon 2011) and often cause little
more than nuisance to decision makers.8 In fact, the very concept of
targeted economic sanctions may be a misnomer in highly centralised
states since any reduction in available resources – no matter what its
cause – is bound to lead to a redistribution of the remainder based on
power as the authoritarian elite serves itself first and the people suffer.
The key to more effective sanctions may lie less in ‘targeting’ than in
‘bargaining’ and greater use of complementary policies. The effectiveness
of sanctions, Rose (2005, p. 472) argues, ‘comes not from [their] ability
to punish or coerce, or from the severity of the economic hardship and
social dislocation [they] may cause, but from [their] ability to encourage
bargaining with the expectation of reducing or ending conflicts’. Rather
than bludgeoning the target into compliance, the idea here is to use
sanctions to nudge it towards a mutually acceptable agreement. This
model reserves a role for sanctions in bringing about better human rights
outcomes, but requires a fundamentally different approach from the puni-
tive model favoured by the mainstream human rights movement.9 No
authoritarian leader can afford to be seen to back down to international
pressure. In order to avoid an impasse, senders must therefore be willing
to ‘temper their demands, either by offering face-saving outlets for the
300 M.B. PEDERSEN
PRINCIPLED ENGAGEMENT
Unlike the push for sanctions, which developed as a strategic response by
the international human rights movement to perceived weaknesses of the
existing human rights regime, the latest (third) generation of human
rights mechanisms has evolved more organically through the actions of a
diverse set of autonomous actors. As such, it may not at first glance appear
sufficiently similar or coherent to constitute a distinct strategy. However,
following Pedersen and Kinley (2013), it is possible to identify a group of
related approaches, which rejects isolation of repressive regimes in favour
of ‘principled engagement’.
While sanctions work by limiting international exchanges with the
target state, principled engagement seeks to harness such exchanges to
promote human rights. Eschewing condemnation in favour of critical
dialogue and cooperation with those responsible for human rights viola-
tions, senders in fact expand relations with the target state on human
rights issues. Rather than terminating foreign aid, they use it to support
human rights through training, technical assistance, or funding of pro-
gressive government programs; and rather than stopping trade and
16 THREE GENERATIONS OF INTERNATIONAL HUMAN RIGHTS GOVERNANCE 301
NOTES
1. The International Bill of Rights is made up of the Universal Declaration of
Human Rights (1948), as well as the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and
Cultural Rights (both 1966) and their optional protocols. The protections
laid out in these core instruments are further elaborated and expanded in a
number of later international treaties focussing on particular groups, such as
women and children, or particular actions, notably torture and enforced
disappearances.
2. For the purposes of the following policy analysis, I follow Pedersen and
Kinley 2013 in excluding crisis situations requiring immediate action to
stop, for example, a genocide, as well as failed states where the government
has little control over its territory. Such situations present a different set of
challenges, which are more usefully examined through the lenses of huma-
nitarian intervention, peace and state-building, than human rights per se.
The former also has its own system of international law.
16 THREE GENERATIONS OF INTERNATIONAL HUMAN RIGHTS GOVERNANCE 307
BIBLIOGRAPHY
Allen, S. H. (2005). The determinants of economic sanctions success and failure.
International Interactions, 31, 117–138.
Amnesty International. 2016. Annual Report 2015/2016. https://www.amnesty.
org/en/latest/research/2016/02/annual-report-201516/.
Bossoyt, M. 2000. The adverse consequences of economic sanctions on the enjoyment
of human rights, Report prepared for the United Nations Economic and Social
Council, E/CN.4/Sub.2/2000/33.
Boutros-Ghali, B. 1995. Supplement to an Agenda for Peace, A/50/60.
Brehm, S. S., & Brehm, J. W. (1981). Psychological reactance: A theory of freedom
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Studies, 11(4), 1–50.
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ness, Center on International Cooperation, New York University.
Cortright, D. (1997). Incentive strategies for preventing conflict. In D. Cortright
(ed.), The price of peace: Incentives and international conflict prevention
(pp. 275–280). Lanham, MD: Rowman & Littlefield.
Cortright, D. (2001). Powers of persuasion: Sanctions and incentives in the
shaping of international society. International Studies, 38(2), 113–125.
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gies in the 1990s. Boulder: Lynne Rienner.
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Asia Report No. 161.
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in Myanmar,” Working Paper No. 01-08, Centre for Governance and
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Sanctions and the Survival of Authoritarian Rulers. International Studies
Quarterly, 54, 335–359.
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examples from the case of Rhodesia. World Politics, 29(3), 378–416.
Gibbons, E. (1999). Sanctions in Haiti: Human rights and democracy under
assault. Westport, CT: Praeger.
Gordon, J. (2011). Smart sanctions revisited. Ethics & International Affairs,
25(3), 315–335.
Hafner-Burton, E. M., & Tsutsui, K. (2007). Justice Lost! The Failure of inter-
national human rights law to matter where needed most. Journal of Peace
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statecraft”, East-West Center Policy Studies No. 59.
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Tannenbaum, M., & Rose, W. 2003. “When and why economic sanctions
strengthen the target regime: A constructivist examination of the impact of
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489–513.
Alex J. Bellamy
Over the past two decades, there has been a significant shift in interna-
tional expectations with respect to how the UN Security Council ought to
respond to genocide and other atrocity crimes. Developments such as the
Responsibility to Protect (R2P), the ‘protection of civilians’ agenda, and
international criminal law have helped establish a new international regime
for human protection which demands timely and decisive action from the
Council in response to mass atrocities (Bellamy 2016). When the Council
fails, as it is widely judged to have done in Syria, it tends to find itself on
the receiving end of withering criticism, including from a large majority of
states in the UN General Assembly. Such failures have given rise to
renewed calls for restrictions to be placed on use of the veto powers by
the Council’s permanent five members. At the same time, however,
Council activism on Libya, Cote d’Ivoire, and other cases has given rise
to renewed concerns about the potential ‘abuse’ of humanitarian justifica-
tions to cover self-interested military interventions by great powers.
protect their own and (3) that failure to exercise this responsibility should
attract criticism. The combination of practice, in which measures have
been adopted in the hope of fulfilling R2P, and the ongoing consideration
of the norm in the UN General Assembly and Security Council have been
central to its emergence by helping establish precedents and shared expec-
tations which limit the decisions that can be legitimately taken in response
to genocide and mass atrocities, making it more difficult (but by no means
impossible) for those institutions charged with protection responsibilities,
most notably the UN Security Council, to avoid acting upon them alto-
gether (Doyle 2011: 82).
To what extent do states recognise a ‘right’ or a ‘duty’ to act on R2P?
The question of ‘rights’ is the more straightforward issue. In contrast to
earlier times, when the Security Council’s authority over ‘internal’ matters
was questions, no state now disputes the right of the UN Security Council
to adopt measures in respect to R2P or the right of individual states and
regional organisations to provide encouragement and assistance to states
on a consensual basis. Moreover, not even the much cautious Council
members, such as China and Russia, now openly question the appropri-
ateness of including R2P matters on the Council’s agenda. When justify-
ing their first Security Council vetoes on Syria in October 2011, Russia
argued that it undertook ‘intensive, constructive efforts to develop an
effective response on the part of the Council’ (including an earlier
Presidential statement), whilst China called for the Council to do more
to encourage domestic reform and indicated its support for an alternative
draft resolution focused on political dialogue. Neither questioned whether
it was legitimate for the Security Council to involve itself in Syria, despite
the fact that the situation was then still a largely domestic affair.
The associated question of whether there exists a ‘duty’ to protect other
populations is altogether more difficult to untangle. It is also an issue that
has animated moral philosophers (compare Pattison 2010; Roff Perkins
2013). Whilst the 2005 agreement on R2P did not extend international
society’s legal rights with respect to intervention and interference in the
domestic affairs of states, it did award special responsibilities to the UN
Security Council. These have made it more difficult for the Council to
justify complete inaction in the face of genocide and mass atrocities
(Chesterman 2011: 279). In paragraph 139 of the World Summit
Outcome Document, states acknowledged an international responsibility
to ‘use appropriate diplomatic, humanitarian and other peaceful means, in
accordance with Chapters VI and VIII of the Charter of the United
314 A.J. BELLAMY
VETO RESTRAINT
The genesis of the R2P was in significant part a response to two sets of
perceived failings on the part of the UN Security Council in the 1990s.
There were failures of will exemplified by its decision to not authorise a
316 A.J. BELLAMY
Council derives both its unique authority and its unique capacity to
enforce its demands when common ground between its members can be
found. Indeed, the veto powers and flexibility bestowed upon the Council
by the Charter are among the principal reasons why the great powers
continue to recognise the Council’s authority and utility, and to work
through the Council when they can.
Nevertheless, the use of veto to block collective action in response to
atrocity crimes has emerged as the sharpest expression of the gap between
international expectations of the Council’s role and the practical reality.
For all that the Council has committed itself to R2P, its response to actual
crises remains dependent on the non-use of the veto. Unsurprisingly this
has given rise to calls for veto restraint. Such calls are hardly new. At the
UN’s founding conference, in San Francisco, Australia’s Doc Evett argued
vociferously against the veto but the great powers successfully countered
that there would be no agreement on a UN system of collective security
without such provisions. More recently, confronting threatened Russian
and Chinese vetoes on Kosovo in 1999, the French foreign minister
Hubert Vedrine suggested that the Council adopt a code of conduct
that would restrict the use of the veto in humanitarian crises. The idea
was also pushed by the United Kingdom, which warned that coalitions of
states would seek to act to protect populations from atrocities outside the
Council framework if the Council was blocked by what Tony Blair
described as ‘unreasonable vetoes’. This logic was indeed used by the
United Kingdom to justify intervention in Kosovo without a Council
mandate (see Morris and Wheeler 2007). Tellingly (and contra to much
commentary), it was not used to justify the 2003 invasion of Iraq – there,
the United States and United Kingdom argued that intervention was
legitimated by a long string of resolutions stemming back to the initial
authorisation to use force to eject Iraqi forces from Kuwait in 1990.
Nonetheless, Iraq temporarily weakened global interest in the issue of
veto restraint, but the question came back to the fore in response to the
use of vetoes to block action on Syria.
The vetoes on Syria persuaded France, supported by Mexico, to articu-
late proposals for a new code of conduct – a voluntary agreement by UN
Security Council members that they would not use their vetoes in situa-
tions where the UN Secretary General advised that atrocity crimes were
being committed, where a majority (9) of Council members supported
action and where permanent members had no vital national interests at
stake. What France and Mexico envisaged was not a formal or binding code,
318 A.J. BELLAMY
much less a revision to the Charter, neither of which would stand much
chance of success, but rather a voluntary statement of principle that would
have the effect of increasing the political costs associated with casting a veto.
But there are some grounds for caution on this score – not only
because it is unlikely that the permanent members would accept con-
straints on their room for manoeuvre, but also because it is not entirely
clear that such constraints would be cost-free for international peace
and security. Although a veto is undoubtedly frustrating to those on
the receiving end, its omnipotence – and capacity to derail efforts to
stop atrocities across the board – is greatly exaggerated. It is much
more common for the Council to choose to not to respond to atrocities
in a timely and decisive way (because of national interests, a lack of will,
anticipated costs, or lack of a strategy) than it is for a willing and
capable Council majority to be blocked by veto. Moreover, consensus
in the Security Council is, and always has been, much more common.
Even today, when political relations between the West and Russia are
deeply fractured, consensus on responding to atrocity crimes is much
more common than the veto.
Although commentary on the gridlock in the Security Council over
Syria and projects a rightfully bleak picture, the council has achieved
noteworthy consensus on a range of other protection issues. Today, its
agenda includes:
The Security Council has found sufficient unity to act on most of these
issues. By inhibiting action that does not enjoy the support of the great
powers, the veto allows the Council to set aside those issues on which it
cannot agree but to remain engaged on those others – the great majority
of cases – where they can. For these reasons, veto restraint proposals
should continue to focus on informal measures to raise the political costs
of casting a veto rather than the loftier goal of binding restrictions. Not
only would it be difficult, if not impossible, to persuade the Council to
accept binding restrictions when looking at the Council’s role as a whole,
it is also not obvious that international peace and security is best served
overall by veto restraint. What is more, veto restraint speaks only to one of
the core problems identified above – that of Council inaction in the face of
atrocity crimes. By itself, it could actually exacerbate the other problems,
such as unaccountable military enforcement and regime change. Without
action there, those states that see the veto as an important check on
Western hegemony would be unlikely to accept even modest proposals
for voluntary and informal veto restraint. That is why proposals for veto
restraint must go hand in hand with proposals for greater accountability.
ACCOUNTABILITY
If the Security Council’s response to Syria can be characterised as ‘too
little, too late’ (as a result of a series of double vetoes), critics of the
NATO-led intervention in Libya might characterise that expedition as
‘too much, too soon’. Controversy surrounded the implementation of
Security Council Resolution 1973 on Libya in 2011, stemming from the
widely held view that the actions of NATO and its allies went beyond – or
indeed violated – the resolution’s terms. Key in this regard were the
coalition’s apparently overt pursuit of regime change despite the absence
of a specific mandate to that effect (though the resolution did not prohibit
regime change and did permit ‘all necessary measures’), the supply of arms
to rebel groups potentially in contravention of the Council’s arms
embargo and NATO’s unwillingness to countenance a negotiated settle-
ment despite specific provisions to that effect in the resolution. These
concerns provoked sharp debates within the Council, leading many ana-
lysts to claim (despite a paucity of evidence to this effect, see Jones 2015)
that the fallout from Libya caused the Council’s deadlock on Syria.
One useful way of thinking about the lessons that need to be learnt about
the oversight of mandates to use force in order to protect populations in the
320 A.J. BELLAMY
wake of controversies over Libya – and Cote d’Ivoire – can be found in some
aspects of the concept of ‘responsibility while protecting’ championed by
Brazil. The concept was proposed first by Brazilian President Dilma Rousseff
at the September 2011 plenary of the General Assembly. Towards the end of
2011, the Brazilian Permanent Mission to the UN circulated a note out-
lining the concept in more detail and co-hosted an informal dialogue in
February 2012. Although there was some initial scepticism among some
Western states, who saw the concept as an attempt to derail implementation
of R2P, the initiative was widely welcomed, including by the Secretary
General, for providing fresh ideas to stimulate discussion about how to
implement those most controversial aspects of R2P that relate to coercion
and the use of force. In relation to the issues of accountability mentioned
earlier, there are three particularly important elements of this concept:
decision-making criteria for the use of force, the provision of judicious
analysis to guide decision-making and the establishment of an accountability
mechanism to oversee the Council’s work.
Among other things, the Brazilian letter called for enhanced procedures
to ‘monitor and assess the manner in which resolutions are interpreted and
implemented to ensure “responsibility while protecting”’ and for the
Council to ensure ‘the accountability of those to whom authority is
granted to resort to force’. These are important considerations if the
Council is to continue to play an active role in the protection of popula-
tions from atrocity crimes. Security Council resolutions generally do have
reporting requirements, as indeed Resolution 1973 did, but there is
concern that these requirements are not sufficiently complied with. For
example, there was little transparency around the way in which NATO
reported its activities in Libya to the Secretary General during its campaign
over Libya and the contents of its reports. Moreover, when the Libyan
regime made entreaties about a negotiated ceasefire, NATO rejected those
pleas out of hand without first discussing the issue with the Council. This
raised concerns among some Council members that, in effect, NATO had
assumed control over all aspects of the international community’s response
to the crisis in Libya, denying the Council the primacy on the issue that it
is entitled to by virtue of the Charter.
Brazil’s letter calls for strengthened procedures to allow the Security
Council to hold states that act on its mandate to account flow directly
from the Libya experience. However, although there is clear merit in the
argument for stronger accountability, there are problems with Brazil’s
initial proposal for special mechanisms to govern R2P enforcement
17 THE UN SECURITY COUNCIL AND THE PROBLEM OF MASS ATROCITIES 321
A GRAND BARGAIN?
The UN Security Council stands at a fork in the road: Should it continue
down the path of fulfilling its R2P populations from atrocity crimes or
pursue a more limited vision of international peace and security? Global
expectations stemming from a shared understanding that the Council has
a responsibility to take timely and decisive action to protect populations
from atrocity crimes clearly suggest the former, and the Council tends to
be criticised sharply when it fails to protect. This, in turn, has given rise to
renewed calls for a code of conduct governing the (non)use of the veto in
situations involving the commission of atrocity crimes. But increasing
Council activism in the name of human protection inevitably involves
17 THE UN SECURITY COUNCIL AND THE PROBLEM OF MASS ATROCITIES 323
the more regular use of coercive measures – sometimes without the con-
sent of the host state. In recent years, the Council has broken new ground
in pursuing its protection responsibilities: For the first time, in 2011, it
authorised the use of force against a state (Libya) for protection purposes;
and in 2014, again for the first time, it authorised the delivery of huma-
nitarian aid across an international border without the consent of the
affected state. In taking these measures, the Council was acting upon
authority granted to it by the UN Charter in 1945. But this increasing
willingness to employ its supranational authority for protection purposes
has attracted concern and criticism – not least owing to long-standing fears
that powerful states might use that authority to legitimise the use of force
to advance their own interests. As such, most states are unlikely to accept
restrains on the veto for fear that this will weaken restraints on the inter-
national use of force more generally. It is for that reason that this chapter
suggests that, rather than being treated as solitudes, proposals for veto
restraint and enhanced accountability should go hand in hand.
If the Security Council is to fulfil its R2P, it stands to reason that it needs
to find ways of reaching consensus on these thorny issues. In the great
majority of cases, the Council succeeds on that score but – as Syria shows –
where it fails, the results can be catastrophic. A voluntary and informal
agreement on restraining the use of the veto might help to facilitate the
search for common ground by increasing the political costs of not doing so.
But in order to assuage fears that this might lead simply to an increase of
armed intervention globally – and not necessarily more humanitarian inter-
vention – the code of conduct on veto restraint should stipulate that resultant
resolutions ought to contain a series of accountability measures to ensure
that the Council itself – and not implementing states – remains in control of
the use of force that it authorises. Only by combining veto restraint with
measures to guard against the abuse or expansion of Council mandates can
international society balance the twin imperatives of doing more to protect
vulnerable populations without undermining some of the basic rules that are
fundamental to the maintenance of global order – and peace.
REFERENCES
Bellamy, A. J. (2015). The responsibility to protect turns ten. Ethics and
International Affairs, 29(2), 161–185.
Bellamy, A. J. (2016). The humanization of security? The emerging international
human protection regime. European Journal of Security, 1(1), 112–133.
324 A.J. BELLAMY
Alex Bellamy is Director of the Asia Pacific Centre for the Responsibility to
Protect and Professor of Peace and Conflict Studies at The University of
Queensland, Australia. He is also Non-Resident Senior Adviser at the
International Peace Institute, New York and Fellow of the Academy of Social
Sciences. He is also author of Responsibility to Protect: A Defence (Oxford
University Press, 2014) and Massacres and Morality: Mass Atrocities in an Age of
Civilian Immunity (Oxford University Press, 2012), and co-editor of Providing
Peacekeepers (Oxford University Press, 2013).
PART III
Allan Behm
National security as a central domain of public policy and the role of the state in
delivering public policy outcomes are together undergoing a profound trans-
formation. Globalisation in all its manifestations – the warming of the global
climate, the emergence of freewheeling and anomic global economic and
financial markets, terrorism as a global form of asymmetric warfare, civil wars,
and their consequent refugee flows – is creating a new and unfamiliar set of
security problems. Moreover, this new set of security problems is generating an
entirely new security landscape for which most nation states are ill prepared,
lacking as they do the basic policy tools to address unforeseen issues.
This emerging phenomenon has a number of elements. One of them is
the inadequacy of the analytical instruments available to policy makers.
Another is the cloistered and self-absorbed nature of the security policy
community, comfortably locked as it is behind the doors of security classi-
fication regimes and a general aversion to accountability. Yet another is the
inadequacy of most governments in looking beyond narrow sectional inter-
ests to address problems that face the international community as a
whole. And, of course, there is the manifest inability of most international
organisations as currently configured to transcend the narrow infighting
A. Behm (*)
Knowledge Pond, Canberra, Australian Capital Territory, Australia
e-mail: allanjbehm@gmail.com
the United States (1951), the Mutual Defence Treaty between the
United States and the Republic of Korea (1953), and the Manila Pact
(1954), or through second-tier British agreements such as the Five
Power Defence Arrangements (1971), the Anglophone West has been
able to control the dynamics of global strategic power, more or less
unhindered, for the best part of seventy years. But, more than that, it
has been able to control the language and the logic of the global
strategic discourse.
It has become something of an axiom in contemporary political dis-
course that whoever controls the language controls the issue. This has
nowhere been more practised than in the controversies surrounding global
warming (‘climate change’ sounds much more neutral), global refugee
flows (‘queue jumpers’ sounds much more threatening), and terrorism
(‘criminal violence’ is far too commonplace). Language generates its own
policy logic. The world of political discourse is simply catching up with a
phenomenon that has distinguished the global strategic discourse since
World War 2.
But there are subtle early signs emerging that this situation is changing.
Language and meaning are now contestable. Two examples, each with
profound significance, suffice to illustrate this development: ‘security’ and
‘rule of law/rule by law’.
SECURITY
Whether it is in Canberra, London, Ottawa, or Washington, the symbols
of government preoccupation with security in the sense that has domi-
nated the second half of the twentieth century are only too visible:
bollards, CCTV, metal detectors, vehicle barriers, high fences, razor
wire, armed police officers, security patrols – all of them designed to instil
public confidence that government is addressing the threat of global
terrorism. The fact that most of these physical security measures focus
on the Australian and Canadian parliaments, the UK Houses of
Parliament, the Capitol in Washington, and government institutions dis-
plays a measure of introspection by governments and their advisors that
betrays a preoccupation with the threat of political violence directed
towards governments, government institutions, and the people who are
employed there. This narrow focus fails to come to terms with the fact that
government and institutional security is not synonymous with public
safety. It also fails to come to terms with the fact that terrorist events are
18 THE FUTURE OF NATIONAL SECURITY AND THE ROLE OF STATES 331
While there has been an incipient ‘paradigm shift’ in the global approach
to security, this movement is yet to be detected in Australian security
policy. Internationally, consideration of national security issues has
begun to include more basic concepts of values and rights – concepts
that have not replaced the need for states to be able to protect themselves
against aggression, but have rather expanded the basic connotation of
security to accommodate human security concerns. Security as a function
18 THE FUTURE OF NATIONAL SECURITY AND THE ROLE OF STATES 333
their neighbours. The massive refugee flows that affected Europe in the
(northern) summer and autumn of 2015 were testimony to the broader
impact that civil war in one region – in this case the Middle East – can have
on the political and social security of communities elsewhere.
As a result of demographic and social changes, Western democratic
societies are increasingly preoccupied with the demands of employment
and financial security, retirement security, the availability of high-quality
health services and broader issues of social security. While national defence
remains an important consideration, electorates are beginning to consider
non-traditional issues that may impact on their quality of life. Central among
these is the failure of neo-liberalism and the economics of globalisation to
safeguard the prosperity and aspirations of manual labourers and manufac-
turing workers in the advanced industrial economies as global enterprises
and investment institutions search for cheap labour and economies of scale.
If national security is essentially dependent on national economic strength,
any recalibration of national security settings needs to identify the constraints
on economic strength. While it is beyond the scope of this chapter to deal
comprehensively with each of these constraints, it is at least worth noting the
range of issues that will increasingly engage national governments in the course
of this century. They include international criminal conspiracy, ranging from
drugs to human trafficking to financial manipulation; cyberattacks; terrorism,
especially the possible use of chemical and biological weapons of mass destruc-
tion; intrastate conflicts that generate massive refugee flows; the continued
erosion of the authority of the UN; and, of course, global warming which
already poses an existential threat to island states.
Global warming, of course, impacts on both the ability of states to
address the anthropogenic causation factors (the growing dependence on
the carbon cycle leading to significant warming of the oceans and melting
of the ice shelves) and the consequences (drought, high impact weather
events, and economic and social dislocation). It is, perhaps, the greatest
threat to stability and security in the twenty-first century.
The World Bank (World Bank 2013) and the Intergovernmental Panel
on Climate Change (IPCC 2014) have both drawn attention to the
impacts on human security – health and relocation – that may result
from global warming. In the absence of any reliable method of estimating
possible population movements, they do not posit any particular quantum
of people that may move within or across borders as a consequence of
climate change. Historical experience suggests, however, that climate
change and the attendant significant weather events have the potential to
18 THE FUTURE OF NATIONAL SECURITY AND THE ROLE OF STATES 337
To a large extent, it was the chaos of war, with its attendant economic and
political shocks, that reduced inequality in the twentieth century. There was
no gradual consensual, conflict-free evolution towards greater equality. In
338 A. BEHM
the twentieth century it was war, and not harmonious democratic or eco-
nomic rationality, that erased the past and enabled society to begin anew
with a clean slate (Piketty 2014 p 275).
subject to external factors over which they have little control. But if
managing the national economy is one of the core responsibilities of
government (managing national defence being another), then constraints
on revenue necessarily impact on the ability of the state to deliver credible
defence systems. More importantly, constraints on national governments
impact on the ability of the state to deliver the security to the citizens –
security in terms of freedom from worry – that is measured by national
prosperity, community well-being, social inclusiveness, and amenity.
For this reason, global economic relationships are an increasingly important
dimension of national security. They are also a transformative factor influen-
cing both the nature and the power of the state in the twenty-first century. The
mobility of capital and skills, for instance, imposes altogether new demands on
national governments. In the developing world, the shift from an agricultural
economic base to an industrial economic base is as dependent on investment
and skills as is the shift from an industrial to a post-industrial base for the
developed economies. As less-advantaged and less-developed nations compete
with each other and with the more developed nations for capital and skills, they
will face a global investment market that places no premium on national
development, but rather follows profitability and investment security. At the
same time, they will see their most talented citizens similarly follow high
earnings and security by moving to more economically developed countries.
The consequence will be that those developing nations where corrup-
tion is rife, where transparency and accountability are largely absent, and
where national institutions are incapable of providing the security that
investors demand, will become failed states, generating both internal and
external security threats.
Nor will the international banking institutions of the twentieth century
be able to meet the demands of either failing developing economies or
failed developed economies. The World Bank, the International Monetary
Fund, the Asian Development Bank, and even the Asian Infrastructure
Investment Bank backed by China, will find themselves increasingly sub-
ject to the competition for funds that distinguishes the entire twenty-first
century investment market.
The competitive scenario is not significantly different for the developed
economies. Notwithstanding the comparatively greater robustness of their
national institutions, their economic pluralism, the greater transparency
and accountability of their governments, and the strength of their regula-
tors, the developed nations will also find themselves locked in a competi-
tion for both investment and skills. The mobility of both cash and skills
340 A. BEHM
will penalise states that lack vision and agility, at the same time rewarding
those states that can adapt to an increasingly deregulated international
financial system, increase productivity, foster innovation, and reorient
national policy settings towards the opportunities generated by global
capital rather than defending a status quo that has passed its use-by date.
This transformation of the nation state into the market state is already
underway. The traditional right of the national government to manage the
national economy through a mix of tariff barriers, non-tariff barriers,
foreign exchange controls, labour market controls, foreign ownership
rules, and taxation policies is slowly eroding. The old interstate contest
between protectionism and free trade has largely given way to a new
contest between capital flows, investment efficiencies, and market dom-
ination over which the nation state has diminishing influence. The under-
lying issue here is the inexorable rise of ‘the market’ as an alternative to
‘the polity’, with the market assuming rights that have traditionally been
the province of the polity, but none of the responsibilities. The market
thrives on a form of economic Darwinism, where only the fittest survive.
The market – amorphous and freewheeling – generates the very forces that
lead to the inequality of which Piketty writes. Corporate leaders who earn
incomes many manifolds greater than the workers they employ and the
shareholders who fund their corporations, who are able to avoid taxation
through complex artificial structures and whose corporate power can hold
governments in their thrall (News Corp, Apple, Google, Amazon and the
energy majors come readily to mind) are increasingly able to behave with
impunity. And international corporations are increasingly beyond the
reach of national governments, using their financial and market power to
frustrate legislative efforts to bring them to heel. Where the payment of
taxes, for instances, becomes increasingly optional, whether through ‘thin
capitalisation’, transfer pricing, or artificial lending regimes, individual
states seem increasingly powerless.
The past four decades have seen national governments increasingly held
hostage by ‘the market’, the demands of global capitalism trumping the
demands of ordinary citizens progressively to improve their lot. ‘Small
government’ has become a mantra, with bank profits and reduced com-
pany taxes enjoying higher government priority than the availability of
affordable housing, the broader provision of advanced medical services,
and improvement in the overall standard of living. The political contumely
that characterised the ‘Brexit’ debate in the United Kingdom, the popu-
lism and policy chaos that distinguished the US presidential campaign, the
18 THE FUTURE OF NATIONAL SECURITY AND THE ROLE OF STATES 341
BIBLIOGRAPHY
Alpers, P., Rossetti, A., & Wilson, M. (2015). “Guns in Australia: Total number of
gun deaths”, Sydney School of Public Health, The University of Sydney:
GunPolicy.org, 5 October 2015 at http://www.gunpolicy.org/firearms/com
pareyears/10/total_number_of_gun_deaths. Accessed on 12 October 2015.
Behm, A. (2003). Australia’s strategic options in the US-China relationship. In
D. David Lovell (Ed.), Asia Pacific security: Policy challenges (pp. 47–60).
Singapore: Institute of South East Asian Studies.
Behm, A. (2008). “Climate change and security: The test for Australia and Indonesia –
Involvement or indifference?”, conference paper, Nautilus Institute- RMIT
Workshop, 21 November 2008, Accessed on 16 October 2015 at http://nauti
lus.org/wp-content/uploads/2012/02/Allan-Behm-SR.pdf.
Behm, A. (2009). Security, prosperity and resilience. In S. Cork (Ed.), Brighter
prospects: Enhancing the resilience of Australia (pp. 67–71). Canberra: Australia 21.
Bobbitt, P. (2002). The shield of achilles (pp. 229). London: Penguin Books.
Bobbitt, P. (2008). Terror and consent (pp. 350–360). London: Allen Lane.
Chin, J. (2014). commenting on views by Professor John Delury (Yonsei
University) http://blogs.wsj.com/chinarealtime/2014/10/20/rule-of-law-
or-rule-by-law-in-china-a-preposition-makes-all-the-difference/. Accessed on
11 August 2015.
Ferguson, N. (2004). Colossus: The rise and fall of the American Empire (pp. 9).
London: Allen Lane.
344 A. BEHM
Allan Behm is a former senior strategic and security policy advisor and Chief of
Staff to the Australian Minister for Defence Materiel, Climate Change and
Industry (2009–2013). He has expertise in political and sovereign risk, strategic
18 THE FUTURE OF NATIONAL SECURITY AND THE ROLE OF STATES 345
R. Parker (*)
University of New South Wales, Canberra, Australia
e-mail: R.Parker@adfa.edu.au
A. Burke
International and Political Studies, University of New South Wales, Canberra,
Australia
e-mail: a.burke@adfa.edu.au
Council has focused narrowly on discrete military conflicts and crises. This is
supported by an examination of resolutions by the Security Council over the
20-year period between 1994 and 2014 which we conducted for this book.
That research reveals that the majority of resolutions have been in response
to country-specific issues that were mostly responding to some form of
conflict or crisis. However, as noted in 1992 by the President of the
Security Council, ‘The absence of war and military conflicts amongst
States does not in itself ensure international peace and security. The non-
military sources of instability in the economic, social, humanitarian and
ecological fields have become threats to peace and security’ (S.C. Pres.
Statement 1992/23500, UN 31 January 1992).
The past approach of the Council has meant that it has given much less
attention to non-military and trans-boundary issues, although this has
changed slowly over time. This slowly changing role of the UNSC
is also borne out by the introduction of some non-conflict issues such as
climate change, which have drawn the attention of the Council but also
strong resistance by some members.
CLIMATE CHANGE
The examination of climate change is an illuminating example of the
changing (and obstructive) role of the Security Council. It demonstrates
the strong influence of vested interests in shaping the progress, or not, of
an issue and underscores the need for reform. It also highlights the
concerns about the use of veto by permanent members.
Overall, the UNSC has had a limited role in the relationship between
climate change and security. However, during the 2005 World Summit,
the Security Council passed Resolution 1625 (S/RES/1625 (2005),
which stressed in part: ‘ . . . the need to adopt a broad strategy of conflict
prevention, which addresses the root causes of armed conflict and political
and social crises in a comprehensive manner, including by sustainable
development . . . ’. This resolution was interpreted by some UN members
as an opportunity for the Council to take an active role on climate change
(e.g. the Letter from the Permanent Representative of the United
Kingdom of Great Britain and Northern Ireland to the President of the
Security Council, UN S/2007/186 [5 April 2007]).
The UNSC subsequently held a debate in 2007 on climate security,
notwithstanding questions regarding whether the Security Council was
the proper forum to discuss the issue. The debate was deeply divided.
350 R. PARKER AND A. BURKE
While the United States remained neutral on the topic, Russia and China
strongly opposed the Council’s consideration of climate change, arguing
that it had no role at all and that it was the responsibility of other UN
bodies. Reflecting the strong influence of their arguments, the President
issued a statement (UN S/PV.5663) to assure other UN bodies that the
Council would not undermine their roles in the area of climate change
stating in part, ‘We are not, in this debate, seeking to pre-empt
the authority of those institutions and processes where action is being
decided – the General Assembly, the Economic and Social Council and
its subsidiary bodies, the United Nations agencies, and, of course, the
United Nations Framework Convention on Climate Change’. The threat
by Russia and China to use their power of veto required little explanation
on their part, and influenced the structure of the subsequent discussion so
that instead of a formal meeting it was discussed as an informal ‘Arria-
Formula’ meeting. Such informal gatherings do not constitute an activity
of the Council and are convened at the initiative of a member or members
of the Council. Participation in such meetings is for individual members
to decide and differ from the consultations of the whole of the Council
(UN 2002).
Russia and China remained opposed to Security Council considera-
tion of climate change in a second debate in 2011, and continued to use
the threat to use their power of veto. Nonetheless, the debate resulted
in a Presidential Statement on the topic which remains the only formal
outcome document from the Security Council on climate change to
date. The Statement noted in part that, ‘[T]he Security Council
expresses its concern that possible adverse effects of climate change
may, in the long run, aggravate certain existing threats to international
peace and security’, and ‘ . . . expresses its concern that possible security
implications of loss of territory of some States caused by sea-level-rise
may arise, in particular in small low-lying island States’ (UN S/PRST/
2011/15).
As noted earlier, it is at the discretion of the Security Council under
Article 39 to determine whether an issue such as climate change represents a
threat to international peace and security, which then enables action. The
fact that there has been such slow progress on an international agreement to
reduce carbon emissions is a direct demonstration of vested interests, parti-
cularly of the permanent members of the Security Council, and major
corporate and allied fossil fuel interests. It is instructive that the 2007
Security Council debate was followed just 2 years later by the failure at
19 THE UNITED NATIONS AND GLOBAL SECURITY 351
CONFLICT
Looking at the UN Charter more broadly, under Chapter VII the Council
may investigate issues that could pose a threat to international peace and
security in the future (Article 34), call for a peaceful settlement of a dispute
by arbitration (Article 33.2), and make recommendations to parties in a
dispute (Article 38). The impact of UNSC resolutions on the outcome of
conflict and crisis situations provides an insight into the role of the Council
regarding international security. Indeed, our analysis reveals that the UNSC
resolutions are primarily reactive in nature showing that global security
governance has not kept pace with the globalisation of insecurity. To
some extent this lag has been recognised. For example, at the opening of
the Summit meeting on 23 September 2010, the UN Secretary General,
Ban Ki Moon, noted that ‘The world needs the Security Council to uphold
its responsibility for maintaining international peace and security – fully,
fairly, without delay’. According to the Presidential Statement (SC/10036),
Council members reaffirmed their commitment to protect civilians in situa-
tions of armed conflict, to battle impunity for human rights crimes, and to
empower women and to strengthen national ownership of peace processes,
352 R. PARKER AND A. BURKE
among other efforts. However, the Secretary General stressed that more
must be done in all areas, and that all available tools for peacemaking,
peacekeeping, and peace-building must be employed in an integrated fash-
ion, through a more flexible architecture of response. In particular, he noted
that the Council must maintain its long-term commitments to help people
resolve their conflicts, rather than serving as a Band-Aid to keep troubles in
check. The Secretary General’s words reflect that security is a systemic
global issue and one that cannot be viewed from a purely national perspec-
tive. By examining UNSC resolutions, this chapter considers conflict situa-
tions in Sudan, Libya, and Syria in the context of its interpretation of its
mandate under Article 39, and of the changing role of the Council vis-a-vis
other bodies including the International Court of Justice and the ICC.
In the 20-year period surveyed (1994–2014), there have been several
crisis situations that have drawn the attention of the Security Council.
For example, the multiple crises in Afghanistan, Angola, Bosnia-
Herzegovina, Côte d’Ivoire, Rwanda, and Somalia collectively generated
around 330 specific resolutions. However, Security Council resolutions
about the ongoing Syrian conflict and humanitarian crisis were notably
absent except for the 2012 nonbinding peace plan drafted by UN envoy
Kofi Annan and which China and Russia agreed to support only after it
had been significantly modified. Israel–Palestine – a conflict that has
triggered numerous intrastate and regional wars, tens of thousands of
refugees, new forms of radicalisation and terrorism, and high-level UN
and diplomatic investment – is a notable silence in the Security Council
record. Indeed the United States has used its veto 30 times to block
resolutions on the Palestinian question or Israeli military operations,
three times more than vetoes have been used (by the United States
and other P5 states) on other issues such as Southern Africa, Syria, or
Nicaragua (McLean 2014). This shows that considerable concern about
Palestine both in the General Assembly and the Security Council has
been met with an equally determined effort to stymie the efforts of
international society to affect events.
The lack of transparency of the decision-making process and proceed-
ings of the Council continues to be a major problem for the UN in regard
to its governance of international peace and security, notwithstanding
some attempts to reform the Council’s working methods. The introduc-
tion of new procedures in 2000 by the Security Council to keep non-
members of the Council better informed about the status of its delibera-
tions has not fully achieved its goal.
19 THE UNITED NATIONS AND GLOBAL SECURITY 353
CRIME
The number of crisis situations raised within the Security Council led to
consideration of alleged war crimes and crimes against humanity. This
provides an insight into the changing role of the Council and its relationship
with other bodies such as the ICC and the International Court of Justice
(ICJ). It also underscores the selective way in which the Security Council is
responsive to the international community and the responsibilities incum-
bent on states under International Humanitarian Law (IHL) and
International Human Rights Law (IHRL).
Impunity, often enabled by great power protection and loopholes in
international law, casts a dark shadow here. In the wake of Israel’s wars
against Gaza, indiscriminate warfare against civilians in the final stage of
the Sri Lankan Civil War, and the 2003 invasion of Iraq and the conse-
quent US support for Shia death squads, Ramesh Thakur (2015) has
criticised the ICC for only issuing ‘nine indictments, all against
Africans’. He speculates that the impunity enjoyed by Sudanese
President Bashir – who has freely travelled abroad without arrest –
‘marks a growing rebellion against a normative enterprise of international
criminal justice being subverted into a political project by the previously
powerful West to maintain control over the rest’. In Thakur’s view, the
court is morally compromised because of a ‘de facto impunity of Western
leaders and generals for possible international criminal conduct’. He has
previously remarked on US double standards towards the ICJ: the United
States successfully referred Iran to the court over the hostage-taking in its
Tehran embassy but withdrew from ICJ jurisdiction when it received an
adverse decision about its support for the Nicaraguan Contras (Thakur
2006: 115). Some 65 countries have supported a call for the P5 not to use
the veto in mass atrocity situations, although this may not address the
problem of the lack of will of P5 members to indict their own nationals for
international crimes (GCR2P 2014). The potential inclusion of the crime
of aggression in the ICC Statute at the beginning of 2017 could also make
states liable for future violations of the UN Charter prohibition on the
cross-border use of force, but states have also created another zone of
impunity (the Article 98 Agreements pushed on allies by the US) by
encoding exceptions to the Court’s exercise of jurisdiction that raise
barriers to prosecution and allow states to withdraw from jurisdiction
when it pertains to the crime of aggression (Coalition for the
International Criminal Court).
354 R. PARKER AND A. BURKE
The ICC came into being when the Rome Statute was signed in
1998 and began operating in 2002. A key provision of the Rome Statute
(Article 11) is that only crimes committed after the entry into force of
the statute can fall under its jurisdiction. There are three ways the ICC
can investigate a situation. First, a state party of the Rome Statute can refer
a situation to the prosecutor. Since the ICC began operating, four states
parties to the Rome Statute – Uganda, the Democratic Republic of the
Congo, the Central African Republic, and Mali – have referred situations
occurring on their territories to the Court. Secondly, the UNSC can
request an investigation of a situation in any member state of the UN.
This can occur even if the state to be investigated has not ratified the
Rome Statute because all member states of the UN are bound by UNSC
resolutions and the crimes covered by the statute are international cus-
tomary law. To date, the Security Council has made just two references,
namely, the situations in Darfur, Sudan, and Libya, accusing states that are
non-state parties to the Rome Statute. Thirdly, the Office of the
Prosecutor can initiate an investigation.
Despite its manifest importance, the Rome Statute has not been ratified
by all members – of the members of the United Nations, there are 124
state parties to the statute. Of the permanent UNSC members, only
France and United Kingdom are state parties. While the United States
and Russia are signatories to the Rome Statute, they have not ratified.
China is a non-signatory of the Rome Statute together with 43 other
members of the United Nations. Permanent members of the Council
have also used their power of veto raising concerns within the General
Assembly as well as more broadly in the international community.
Sudan
In 1989, General Omar Al-Bashir took control of Sudan by military coup,
which resulted in increased regional tensions in Sudan. He was appointed
President in 1993. In 1997, the United States began its program of
sanctions against Sudan imposing a comprehensive trade embargo and
blocking the assets of the Government of Sudan (US Executive Order
13067). In 2003, two Darfuri rebel movements – the Sudan Liberation
Army (SLA) and the Justice and Equality Movement (JEM) – took up
arms against the Sudanese government. The National Islamic Front gov-
ernment of Sudan responded by allowing militias known as Janjaweed
together with Sudanese forces to attack hundreds of villages throughout
19 THE UNITED NATIONS AND GLOBAL SECURITY 355
him from leaving the country. Interestingly, the Darfur Special Criminal
Court which was first set up by the Sudanese government in 2005 to
adjudicate cases of crimes in the Western region has to date failed to bring
charges against any Sudanese official (El Fasher 2016).
Libya
The second case of the situation in Libya again highlights the rhetoric
of the UNSC and associated actions. The period following the military
coup by Col. Muammar Gaddafi in 1969 was one of confrontation –
notably with Chad, the United States, and the United Kingdom – and
of economic and social dysfunction. A series of bombings attributed to
Libyan nationals – of a German nightclub in 1986, UTA Flight 772 in
1989, and PAN AM Flight 103 in 1993 – resulted in a number of
UNSC resolutions, such as S/Res 748 of 31 March 1992, imposing
arms and air embargo and a reduction of Libyan diplomatic personnel
serving abroad. That resolution also set up a Security Council sanctions
committee, and UNSC Resolution 883 of 11 November 1993 tigh-
tened sanctions on Libya. In that resolution, the Security Council,
among other items, approved the freezing of Libyan funds and financial
resources in other countries and banned the provision to Libya of
equipment for oil refining and transportation. Resolution 1192 of 27
August 1998 reaffirmed that the measures set forth in its Resolutions
748 (1992) and 883 (1993) remain in effect and binding on all mem-
ber states. In that context it reaffirmed the provisions of Resolution 883
(1993), and decided that the previously mentioned measures would be
suspended immediately if the Secretary General reported to the Council
that the two accused of bombing UTA Flight 772 arrived in the
Netherlands for the purpose of trial before the court, or appeared for
trial before an appropriate court in the United Kingdom or the United
States, and that the Libyan Government has satisfied the French judicial
authorities with regard to the bombing of UTA Flight 772. Resolution
1192 (1998) also expressed its intention to consider additional mea-
sures if the two accused had not arrived or appeared for trial promptly
in accordance with paragraph 8 of the resolution.
It was not until its 3992nd meeting on 8 April 1999 that the Security
Council adopted a Presidential Statement (S/PRST/1999/10), in which it
noted that the conditions for suspending the wide range of aerial, arms, and
diplomatic measures against the Libyan Arab Jamahiriya had been fulfilled.
358 R. PARKER AND A. BURKE
The latest update by the ICC was that the investigations in the situation in
Libya remain ongoing (ICC-PIDS-Q&A-LIB-00–002/11).
The subsequent death of Muammar Al-Gaddafi in 2011 resulted in
the ICC closing the case against him. Proceedings against Abdullah
Al-Sanousi before the ICC also came to an end on 24 July 2014 when
the Appeals Chamber confirmed the decision of the Pre-Trial Chamber
declaring the case inadmissible before the ICC. Honorary chairman of the
Gaddafi International Charity and Development Foundation and acting as
the Libyan de facto Prime Minister, Saif Al-Islam Gaddafi, allegedly
remains criminally responsible as indirect co-perpetrator for two counts
of crimes against humanity: murder, within the meaning of Article 7(1)(a)
of the Statute; and Persecution, within the meaning of Article 7(1)(h) of
the Statute (ICC-01/11–01/11).
Turmoil and crisis continue with Libya’s second civil war beginning in
2014 and no clear governing body as four contenting groups seek to
control the country. Attempts by the United Nations, including the
Security Council to establish stable governance arrangements in Libya
have been futile.
Syria
The situation in Syria, with more than 200,000 dead and 10 million
refugees and displaced persons, is a transnationalised conflict and a stain
on the international community to rival its failures in Cambodia, Bosnia,
Vietnam, Afghanistan, and Rwanda. It remains far from resolved, notwith-
standing the Supervision Mission in Syria set up by the UNSC in April
2012 when it noted that ‘the cessation of armed violence in Syria was
clearly incomplete’ (S/Res 2043). The Mission was established to monitor
a cessation of armed violence in all its forms by all parties and to monitor
and support the full implementation of the Joint Special Envoy’s six-point
plan (annexed to the Security Council Resolution 2042 [14 April 2012[)
to end the conflict. However, because the use of heavy weapons continued
and a reduction in the level of violence by all sides did not occur, the
mission was suspended just months later, in August 2012.
While the UN General Assembly is often seen as cumbersome, it can be
contrasted with the effectiveness of the UNSC regarding in that it has often
taken the initiative, rather than being reactive, on major conflict issues of
global significance. This is arguably true of Syria. In May 2013, the General
Assembly strongly condemned the Syrian government’s indiscriminate
360 R. PARKER AND A. BURKE
WAYS FORWARD
It is widely accepted that the Security Council is in need of reform (Thakur
2006: Ch. 13; Zacher 2004; Zifcak 2009: Ch. 2; Bellamy this volume).
Indeed, the General Assembly at its seventieth meeting on 29 September
2015 (GA/11694) highlighted the need for reform of the UN generally
and, in particular, of the Council. Specific criticism of the veto was high-
lighted, such as in the case of Ukraine where the Russian Federation had
19 THE UNITED NATIONS AND GLOBAL SECURITY 361
used its veto twice during the Security Council’s consideration. Petro
Poroshenko, President of Ukraine noted that the veto power should not
become an act of grace and pardon for a crime. President Dalia
Grybauskaitė of Lithuania, also addressing the use of the veto power in
the Council, commented, ‘If you close your eyes to crimes, they do not
disappear’ (GA/11694 2015).
Three key issues are at stake in discussions of Security Council reform:
the veto possessed by existing (and potential new) permanent members;
the expansion of Council membership, both of permanent and non-
permanent members; and its willingness both to more effectively prose-
cute its traditional mandate and to interpret its mandate more widely to
take in non-traditional and systemic security issues including environmen-
tal crisis and degradation. There are many competing proposals
for Council reform – some of which betray state self-interest – and the
Realpolitik of the UN Charter’s framing (which provides the P5 with an
ultimate veto over reform) must be acknowledged. However, if the
Security Council is to become a more effective and just mechanism for
the global governance of complex and systemic insecurities, discussions
about the nature and purpose of reform must be undertaken.
regard, which is now being repeated in Palestine, Yemen, and Syria. The
Council should also begin to engage questions of arms racing and
strategic stability between major adversaries, and recognise that particu-
lar technological choices and unchecked security dilemmas are important
precursors to great power conflict especially with nuclear weapons.
Undoubtedly it is the P5’s possession of nuclear weapons and their
resentment of multilateral pressure which has prevented the Council
engaging in this area; however, numerous NPT review conferences
have called for nuclear states to reduce the salience of nuclear weapons
in their security policy and to adopt less dangerous and more reassuring
nuclear postures (Burke et al. 2014: 91–97; United Nations 2010: 21).
The removal of the veto would substantially free the Council’s member-
ship to engage these questions. Our call for the Council to broaden and
deepen its understanding of global insecurity is also reflected by impor-
tant statements that have emerged from the UN Secretariat and General
Assembly. Numerous major UN reports and meetings – the UN’s High
Level Panel on Threats, Challenges and Change, Kofi Annan’s Report to
the UN World Summit, In Larger Freedom, The 2005 World Summit
Outcome, and the 2030 Agenda for Sustainable Development – have
urged that security be understood in a broad and holistic way and that
peace, security, human rights, and sustainable development are pro-
foundly interlinked. Yet the world waits for the Security Council to
absorb this message and act on it.
The Veto
The veto possessed by the permanent membership of the Security Council
is arguably one of its biggest flaws, and remains a lightning rod for conflict
and criticism. It has prevented the Council from engaging constructively
on numerous crucial and urgent issues, and has almost single-handedly led
to the current reform stalemate. The P5 guard the veto jealously; aspiring
permanent members covet the geopolitical clout and blocking power it
might give them; while their adversaries are resolutely opposed to the
extension of the veto to any new members. Many states, especially those
in the Non-Aligned Movement, wish the veto to be restricted to
Chapter VII (use of force) issues (which is similar to a position that had
wide support when the UN was formed in San Francisco in 1945) with the
hope that it can be eliminated completely sometime in the future. Further,
there are international divisions over whether the veto might remain with
the P5 and yet be denied to new permanent members (Zacher 2004: 216).
An alternative model would see increasing normative pressure on the P5 to
restrict their use of the veto to Chapter VII issues and to not use it at all
when dealing with mass atrocities. Even better, they would decline to use
the veto in any but the most extreme circumstances and let the two-thirds
majority weight of the Council define the agenda in more constructive
ways.
CONCLUSION
Many of the chapters in this book have directly engaged the role of the
United Nations in different aspects of global security: children and
conflict, climate change, gender, small arms and weapons of mass
destruction, and global health. We have chosen to focus here on the
power and role of the Security Council given its inordinate weight in the
system and its extremely chequered record. Experienced observers have
rightly stated that it ‘suffers from a quadruple legitimacy deficit: perfor-
mance, representational, procedural and accountability’ (Thakur 2006:
302). Numerous critical commentators, civil society, and the entire
membership of the United Nations have sent a clear message – most
recently in the proclamation of the Sustainable Development Goals in
the 2030 Agenda – that the planet faces a complex range of interlaced
threats and insecurities that require more relevant, representative, and
accountable institutions that are committed to human rights, peace, and
19 THE UNITED NATIONS AND GLOBAL SECURITY 365
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Rita Parker is Visiting Fellow at the University of New South Wales, Canberra,
former Distinguished Fellow at George Mason University, Virginia, and senior
international relations and security policy advisor to the Australian Government.
Her areas of expertise include resilience and nontraditional challenges to security,
including threats from non-state actors and from non-human sources. Recent
publications include: ‘Food a Non-traditional Challenge to Security’ in B.
Mascitelli & B O’Mahoney (Eds), Good Food for All: Developing knowledge rela-
tionships between China and Australia (2015); ‘Lessons on Resilience’, NFG Policy
19 THE UNITED NATIONS AND GLOBAL SECURITY 367
A Arms control
Actor Network Theory (ANT), 70, civilian oversight, 186–187
73, 77 current practices, 176–177
Additional protocols cyberspace, 225, 227
(APs), 203, 205 disarmament process, 176–178
Agenda 21, 107 global governance, 188–190,
Agenda 2030, 5, 13, 15, 287–288, 195–196
362, 364 main purpose, 184–186, 188
Al-Bashir, General Omar, 354–356 militarization of society, 184–186
Al-Nusra Front, 360 NGO’s role, 189–190
Al Qaeda, 244 nuclear, 198, 208
Al-Qaida Sanctions Committee, 360 overview, 176–177
Algerian War, 35 powerful state’s role, 187–188
An Agenda for Action state sovereignty, 183–184
(climate change report), 124 success and controversies, 177–183
Annan, Kofi, 89, 178, 316, Arms Trade Treaty (ATT), 14,
352, 355 177–180, 184, 188–189,
Anthropocene, 4, 34, 77, 86, 191n3, 191n10
103–105, 110, 113, 115, Artificial intelligence (AI), 216–217
131, 134 Asian Development
ANZUS Treaty (1951), 329 Bank, 339
Apocalyptical frame, climate Asian financial crisis 1997, 107
change, 130–133 Asian Infrastructure Investment
Apollo program, NASA, 106 Bank, 339
A. Q. Khan black market Association of South East Asian
network, 207 Nations (ASEAN), 8, 149,
Arab League peace 218, 281
initiative, 315 Australian Defence Force, 53