Sanctions often hurt the people more than they hurt the regimes, rendering it difficult to discern whether the state(s) imposing sanctions truly care about the citizens involved or their own self-interests. Inflicting the pain of poverty and starvation obviously does not show solidarity, but instead can crush any opposition movement in the country. If people are worried about feeding themselves they are less likely to take action against their government. Additionally, sanctions are not the only form of supporting the people of a country. In the most recent Arab Spring, the US did not support protesters solely through sanctions, but instead publicly called for reforms1. Drawing international attention to certain issues can also be an effective means of taking action. Sanctions are therefore not a necessary or effective way of showing support. 1 Sharp, Jeb (2011), "President Obama Calls for Middle East Reform", PRI's The World, [accessed June 10, 2011].


Sanctions have been an effective long term policy tool in the past.  If sanctions are effective, their use is justified because they ultimately achieve a desired outcome. They cause financial pain to leaders pressuring them to reform. Long term sanctions on South Africa were an effective policy. They caused the living standards in the country to deteriorate, however this ultimately led to the right amount of pressure on the government for apartheid to be ended1. Economic restrictions were first placed on South Africa in 1963 and were ultimately lifted after the end of apartheid almost 30 years later. Nelson Mandela himself has stated that sanctions played a role in forcing the South African government to end apartheid2. The success of sanctions in the past has prevented the international community from taking military action against certain states. Due to prior success in South Africa, sanctions are an appropriate tool to push countries towards reform while preventing military escalation. 1 Foer, Franklin (1996), "Economic Sanctions", Slate.com,, [Accessed June 7, 2011]. 2 Laverty, Alexander (2007), "Impact of Economic and Political Sanctions on Apartheid", The Africa File, [Accessed June 10, 2011].


Sanctions have also failed in the long term. A recent study found that sanctions were used 116 times between 1914 and 1990, and after 1973 were only effective 24% of the time1. South Africa is not an appropriate example because the US and EU had a cooperative relationship with the country prior to sanctions therefore increasing the impact the trade restrictions had. Sanctions are now mostly used against isolated countries, like North Korea and Myanmar, who do not have a close relationship with international actors, and for whom cutting off trade is not such a detrimental loss. Since the countries sanctions are currently being used against do not fit the profile of South Africa, sanctions are ineffective and success in South Africa is irrelevant. 1 Gilboy, George (2008), "Political and Social Reform in China: Alive and Walking", Washington Quarterly, [Accessed June 10, 2011].


Recent sanctions failures can make sanctions a less viable threat. Seeing that Myanmar, Iran and North Korea have successfully been able to deflect the pain and pressure of sanctions onto their people1, the threat of sanctions becomes less powerful because it is less likely to spell the end of a regime2. The failure of sanctions, not the infrequent use, makes them useless. 1 The Economist (2011), "An aye for sanctions", [Accessed June 10, 2011]. 2 Noland, Marcus (2009), "The (Non-) Impact of UN Sanctions on North Korea", The National Bureau of Asian Research, [Accessed June 10, 2011].


Sanctions make clear where a country stands.  Sanctions send a strong message to the people of a country that the Western world is on their side and will not just remain compliant by dealing with an oppressive regime as if it has done nothing wrong. Part of what encourages peoples to stand up for their civil liberties is a feeling of support against their regime from outside actors. True reform needs to come from pressure within and outside of the state as it did in South Africa. The only way to incentivize internal pressure is by expressing support for civilian movements. In the case of the repressive government in Myanmar, the lifting of sanctions would be viewed as a betrayal by the Myanmarese and would reverse any progress that sanctions have helped to achieve. The leader of the opposition movement, Aung San Suu Kyi, in Myanmar has called for a continuation of sanctions, and in an act of support the US has complied1. Therefore sanctions can be an important signal of support to a country's people, which makes them more likely to stand up to their government and create the necessary internal pressure for reform. 1 Colvin, Jake and Cox, Simon (2007), "Are Economic Sanctions Good Foreign Policy?", Council on Foreign Relations, [Accessed June 10, 2011].


Just the threat of sanctions can be an effective coercive tool.  Most diplomatic negotiations occur behind closed doors, and it has been hypothesized that if sanctions are going to be effective it is the threat of the sanctions that forces the country to concede, not the sanctions themselves1. That said, if sanctions were never followed through, the threat would be meaningless. The use of sanctions builds up the fear of sanction. This fear can bend countries towards the will of the sanctioning nation. To maintain the threat of sanctions as a viable negotiating tool, sanctions need to be implemented on occasion to prevent sanctions from becoming an empty, meaningless threat. 1 Colvin, Jake and Cox, Simon (2007), "Are Economic Sanctions Good Foreign Policy?", Council on Foreign Relations, [Accessed June 10, 2011].


Free trade does not guarantee democracy and causes bargaining countries to lose leverage. In order to increase their own wealth most dictatorial oligarchies welcome free trade. Once they have been accepted into the free trade arena the West no longer has any leverage on them. It is true, for example, that a sanctions regime against China would be impossible to implement but that does not mean we should concede entirely. We should reinstate MFN as a lever and use it to force China to improve upon its human rights record. To believe that free trade can lead to democratization is naïve. It is far too hopeful to suggest that the wealth produced thereby will be allowed to filter down to the people. For example, pervasive poverty still persists in China [1] . In reality free trade has acted as a mechanism to worsen the living standards of the people in China as profits are concentrated in the business sector, and people are subject to terrible working conditions and low wages [2] . As this continues, China also suppresses the voice of the people and censors the internet [3] . Trade liberalization has clearly not made a China a democracy, and thus cannot be declared a more successful policy option than sanctions.  [1] Wall Street Journal (2009), “Facts About Poverty in China Challenge Conventional Wisdom”, [Accessed June 10, 2011].  [2] Roberts, Dexter (2007), “China's Widening Income Gap”, Bloomberg News, [Accessed June 10, 2011].  [3] Ramzy, Austin (2011), “State Stamps Out Small 'Jasmine' Protests in China”, Time Magazine, [Accessed June, 10 2011].


A unified front is not impossible, and when executed correctly can have effective results. Sanctions were used in South Africa, and due to grassroots pressures in the US and Europe trading with South Africa became stigmatized1. Even though it is difficult to create effective sanctions, it is not impossible particularly if there is pressure internally and externally on the country to reform. 1 Foer, Franklin (1996), "Economic Sanctions", Slate.com,, [Accessed June 7, 2011].


Sanctions are ineffective because they hurt ordinary people more than leadership.  Sanctions operate under the assumption that they will hurt leaders of a country so much that they will bend to the will of the sanctioning country. Yet this assumption is false: governments have the tools to insulate themselves thereby preventing sanctions from imposing necessary pressure. By keeping all available resources for themselves, the government ensures that the sanctions impact only the people. Governments that can achieve this deflection have a relatively powerless citizen base that even when they are suffering have difficulty standing up to the government. Punishing innocent people is immoral, because they are suffering for a crime they did not commit. When the US and UK placed sanctions on Saddam Hussein, it lead to the death of hundreds of thousands of children in Iraq, although the exact number is contested. Considering that US ultimately invaded Iraq, these children died in vain. In North Korea, it is thought that sanctions have led to the starvation of hundreds of thousands of people. In both Myanmar and North Korea most of the pain from sanctions is deflected onto the largely helpless population who have little ability to put pressure on their oppressive governments to stop the suffering1. Because this suffering often does not affect the leadership, they can essentially ignore any pressure to reform2. And, many of these governments simply don't have an interest in improving the lives of their people, making sanctions immoral and ineffective3. 1 Carpenter, Ted and Preble, Christopher (2006), "North Korean Sanctions: A Cruel Mirage", The CATO Institute, [Accessed June 10, 2011]. 2 House of Lords Select Committee on Economic Affairs (2006-2007), "The Impact of Economic Sanctions, [Accessed June 10, 2011]. 3 Loyola, Mario (2010), "We Don't Need to 'Get Over the Sanctions Delusion'", National Review,, [Accessed June 10, 2011].


Sanctions are ineffective because they can be counterproductive.  Sanctions often cut off a country from the international community. This blocks the flow of outside information into a country and permits dictators to mercilessly use propaganda to strengthen their own position. It is impossible for the people to believe such propaganda is false when there are no competing external claims1. This propaganda can deflect blame for the economic suffering from the government to the international community. This is called the "rally around the flag effect" characterized by the banding together of opposing factions because of the adverse actions of an outside power2. For example, sanctions in Myanmar will only serve to insulate the SPDC, the ruling party, in power. The SPDC's grip on the national media means that it is able to disseminate propaganda which demonizes the West as the enemy of the Myanmarese, and casts the military junta as their hero. This can make the people more willing to stand up to the Western powers instead of their government. The lifting of sanctions may ensure that ordinary Myanmarese citizens are exposed to Western technology, labor practices and political ideologies which in turn will equip them with the belief and self-determination necessary to engineer change in their own country. The power of media cannot be underestimated, and isolation of sanctioned countries jeopardizes the opposition movements in that country integral to regime change. This threat ultimately outweighs potential benefits of sanctions. 1 Eland, Ivan (2006), "Economic Coercion Is Not an Effective Foreign Policy Tool", Independent Institute, [Accessed June 10, 2011]. 2 Chapman, Terrence and Reiter, Dan (2004), "The United Nations Security Council and the Rally Around the Flag Effect", Emory University Political Science Department, [Accessed June 20, 2011].


Sanctions are the opposite of free trade and therefore should not be used because free trade has greater benefits.  Sanctions prevent free trade, which is ultimately more effective for incentivizing reforms. Three mechanisms can be broadly identified through which free trade brings about democratization. Firstly, it permits a flow of information from Western countries. Secondly, it leads to an increase in the wealth of everybody and thirdly it facilitates the growth of a middle class. The middle class is usually the one that calls for political reform, because they no longer have to worry about living from day to day, and are not complacent about their government's corruption and failure to address their concerns1.These three factors together result in internal pressure and consequent political change; economic freedoms lead to political freedoms. This approach was successful in helping to bring about the downfall of communism in the Warsaw pact and is starting to lead to increased freedoms in China. For example, China has been taking a slow path to government reform2. Previous policy directed toward China was to link trading rights, in the form of MFN (most favored nation) status to improvements in human rights. All China ever did was offer fleeting changes whenever necessary to preserve MFN status. It is only with unlimited free trade that we will see deep structural changes in human rights in China. Additionally, economic growth due to increased trade has not only impacted China, but other countries in the region as well, like Taiwan and South Korea. There, new constitutions and managed elections, led over time to a more meaningful democracy3. These success stories show that free trade can be implemented in other countries to produce effective government change over time and is a more viable option than sanctions. 1 Tlili, Moustapha (2011). "Tunisia's Revolution Was Led By Secular Middle Class", Daily Star (Lebanon), (Accessed June 20, 2011) 2 Gilboy, George (2008), "Political and Social Reform in China: Alive and Walking", Washington Quarterly, [Accessed June 10, 2011]. 3 Heritage Foundation (1997), "A User's Guide To Economic Sanctions", , [Accessed June


Sanctions are ineffective because it is very difficult to unify an adequate number of countries to cripple an economy.  Many countries must employ sanctions for them to be successful, yet due to competing political objectives unifying enough countries is almost impossible. If sanctions are only imposed by a few countries, the sanctioned nation can replace lost trade from those countries with trade from other allies, deflecting the economic consequences of the sanctions. North Korea is so isolated from the international community that sanctions have had little effect, particularly because their most important trade partner, China, has continued to do business with them1. The UK and US sanctions have not been effective in the case of Myanmar given that the country mainly trades with other ASEAN member states, India, China and Japan. The violation of sanctions often has to do with political motives. In the case of ASEAN, the member countries are concerned that China may use Myanmar for military and naval bases, so they are pouring money into the country and breaking US sanctions to promote their own self-interest in the region and counter China2. Considering that every country has their self-interest in mind, it is ultimately too difficult to forge a united front between enough countries to cripple the country they are sanctioning. 1 Noland, Marcus (2009), "The (Non-) Impact of UN Sanctions on North Korea", The National Bureau of Asian Research, [Accessed June 10, 2011]. 2 Heritage Foundation (1997), "A User's Guide To Economic Sanctions", , [Accessed June 10, 2011].


Not all peoples are so easily manipulated by a corrupt government. It is naïve to suggest that the Myanmarese people accept the government’s propaganda without question. After all, many are still reeling from the tragedy that befell them in 1990 when the results of democratic elections were annulled and scores of opposition party supporters were arrested and imprisoned without trial [1] . The popularity of Aung San Suu Kyi, the main opposition leader, and the NLD remain high [2] . Further, social networking sites like Facebook and Twitter make propaganda less effective and help disseminate criticism of governments even in times of extreme media censorship [3] . With current internet tools, crushing opposition movements, even with propaganda, is not so easy therefore countering the potential threat of sanctions.  [1] BBC (2010), “Burma's leaders annul Suu Kyi's 1990 poll win”  [2] BBC (2011), "Burma upholds dissolution of Suu Kyi's NLD party'  [3] Shirky, Clay (2011), “The Political Powers of Social Media”, Foreign Affairs


Although they do indeed hurt ordinary people, in the long term this can create appropriate pressure on governments. When people are suffering enough at the hands of the government, they are likely to take action. In Egypt and Tunisia the leaders were getting richer, and the people were becoming poorer, leading to the protests for regime change1. Sanctions worked in South Africa and in the former Rhodesia. It is true that they can lead to the mass suffering of the very people they are designed to help, as they did to the black population of South Africa2. Yet this suffering creates necessary internal pressure for regime change. By the utilitarian standard, which says it is just to help the most people, the current suffering of some due to sanctions is outweighed by the future freedom promised to all citizens. Sanctions are therefore justified and effective even though they hurt the people as well as the leaders of a country. 1 Bajoria, Jayshree and Assaad, Ragui (2011), "Demographics of Arab Protests", Council on Foreign Relations, [Accessed June 20, 2011]. 2 Heritage Foundation (1997), "A User's Guide To Economic Sanctions", , [Accessed June 10, 2011].


This is clearly extremely unfair on those countries that traditionally have much lower turnouts. It essentially means that countries with low turnouts will have less representation than they do at the moment. There is little reason why a nation as a whole should be punished by having less representation for some of its citizens not going out to vote.


Get out the vote!  In a system where every vote counts the same and where there are not set constituencies it is much more important to get the vote out. Political parties in countries with low turn outs, such as the UK which in 2009 has a turnout of just 35%, [1] will need to get their people motivated and voting if they want to win many seats as they currently control. If a country with a comparably sized electorate were to get twice the turnout then it would get twice the representation in the parliament regardless of the similarities in the populations of those countries. What would matter is getting the national constituency out voting. This will help show that individuals really do need to vote in order to get their voice heard.  [1] ‘European Parliament Elections 2009’, House of Commons, Research Paper 09/53, 17 June 2009,  p.23


It is not just much more choice but too much choice! Do people in Greece really want the opportunity to vote for the UK Independence Party? Will anyone really have the information to make an informed choice between all the possible parties throughout Europe? The European People’s party (one of the groupings in the European parliament) alone has 51 parties as members of its grouping is anyone really going to look up the different party policies to work out which best represents their views? [1]  [1] ‘Member Parties European Union countries’, European People’s Party,


Encourages Europe wide thinking  At the moment paradoxically European elections are often not about Europe. Much of the time they are about national politics, and since they are almost always mid-term what they are often about is punishing the national government. Governing parties’ almost always loose votes while opposition parties gain, it is notable that governing parties only gain if the election is held in their ‘honeymoon’ period after they are voted into power. More generally European elections are seen as an opportunity to vote for small parties rather than bigger ones – implying it is a chance to follow ones heart over one’s head. Europe however remains a minor element. [1]  This change in system is unlikely to mean that national governing parties gain significantly more votes but it will raise the profile of the European dimension in the elections. When people are able to vote for parties that do not contest their national elections they will have no choice but to see it as a European election rather than a national one. Voters will be much more likely to ask how the policies of these foreign parties affect them and some may even consider voting for them. A few particularly enterprising parties are likely to run transnational campaigns in the hope of picking up votes outside their home nation. The vote will simply be more European rather than the same old national parties being the only choice.  [1] Hix, Simon, and Marsh, Michael, ‘Punishment or Protest? Understanding European Parliament Elections’, The Journal of Politics, Vol.69, No.2, May 2007, pp.495-510,  , pp.501, 503, 507


One person one vote that will count in exactly the same way as everyone else’s  The European Parliament has a proportional representation system meaning that almost everyone’s vote counts but the change to a single constituency would still improve this. Everyone’s vote should count for the same no matter where they live. This system ensures that there is such equality in the voting for the European Parliament. From the 2014 elections Germany will have 96 MEPs and Malta 6 [1] since Germany has a population of 82 million against Malta’s 400,000 [2] it has one for every 854,000 inhabitants against Malta’s one MEP per 66,000. Voters in smaller states have an outsize influence. Changing to a single constituency would make every European citizen’s vote worth the same.  [1] European Parliament, ‘How many MEPs will each country get after European Parliament elections in 2014?’, Europarl.europa.eu, 13 March 2013,   [2] ‘Member countries of the European Union’, Europa.eu,  , accessed 7 May 2013


While it may be true on an individual level that everyone’s vote would count for the same in practice when looked at from a broader perspective there will not be equality. It will mean inequality among nations as turnouts will differ. Moreover democracy is not just about equality but also about defending the rights of the minority so as to prevent a tyranny of the majority this system however does not protect smaller states but allows the larger much greater influence.


Simply allowing parties from other countries to compete is not going to encourage Europe wide thinking. There is very little to stop parties from other countries registering elsewhere already, and as the voting is already proportional there is already a chance that they could win seats. It has however not happened.


Far from rationalising the system the European Parliament elections will become more irrational with a single constituency. Everyone will find it very odd that they can potentially vote for parties from the other side of the continent that they have never heard of. It may make the system the same everywhere but this does not mean it is a sensible system for European elections. The number of parties makes it complex, as does the concept of an international parliament where all votes go into one central pool rather than being based on nationality.


Much more choice  Having only one constituency across the whole of the European Union would mean a lot more choice for the voter. They would not be restricted to just their own national parties, instead they could vote for parties from other countries across the EU. One of the most important things in a democracy is making sure that votes actually count – a greater choice helps immensely. There will not be any opportunity to say ‘they are all the same’ when there are dozens of parties to choose from. Everyone will be able to find a party that represents their views. For example a left wing voter in the UK might want to vote for the left party in Germany feeling that the Labour party no longer represents them.


Rationalises an irrational system  The current system for the European Parliament elections is irrational and quirky because it is partially set individually per nation. The vote is not held on the same day in every country – the elections take place from Thursday when the UK and Netherlands votes through to Sunday when most of the EU votes, [1] some countries divide themselves into multiple constituencies – such as the UK which has 12 [2] – while others like Germany have one constituency for the whole country. Perhaps oddest of all Austrians are able to vote when they reach 16 years old while everyone else has to wait until they are eighteen. [3] And all this is before the oddities of little countries votes counting for more is included.  Rationalisation of this system is clearly necessary and this is what this proposal does. Clearly the main rationalisation is in terms of making the value of votes the same. It would also eliminate differences over constituencies. It is likely that it would eliminate the age difference too; Austria allowing its citizens to vote at 16 would effectively give it more say compared to its population size. The chances are then that other states would follow and reduce their voting age for European Parliament elections to 16. While there is no necessary link to voting on the same day it would also provide a good chance to make the change so the voting occurs at one time.  [1] ‘EU elections: Polling day will stay on Thursday, insists government’, BBC News, 13 March 2013,   [2] ‘Your Members in the European Parliament’, European Parliament Information Office in the United Kingdom,   [3] European Parliament, ‘About Parliament - Members’, europarl.europa.eu,  , accessed 3 May 2013


This assumes that there could never be agreement in the European Council, between member states, to set up such a system. Members have an interest in having a representative system that is fair democratic system of elections so should welcome these changes. The member states have already effectively agreed that the European Parliament can decide for itself what elections for the European Parliament should look like having agreed in the Treaty on the Functioning of the European Union to accept European Parliament proposals for elections of parliament members. [1]  [1] ‘Consolidated Version of The Treaty on the Functioning of the European Union’, Official Journal of the European Union,  , Article 223


No nation in the European Union has a majority so this is a baseless concern. The biggest country in the EU is Germany with a population of 81.8million against a total of 508million so Germany makes up a mere 16.1% of the EU total. [1] This is certainly not enough to dominate the continent.  [1]


Punishes apathy  People have a right not to be engaged by voting, and all the more so for a parliament they see as a gravy train with little political power. The European Parliament has comparatively little power, and where it does have power it does not affect the issues that concern people; taxes, welfare, education, and health. [1] This policy however punishes their countrymen for their desire not to vote because political apathy means less votes within that nation – which in turn means that nation’s parties will be less represented in the parliament.  [1] Pech, Laurent, ‘European Parliament Elections: The Significance of Voter Apathy’, International Law Prof Blog, 3 June 2009,


Some countries may be left without representation  It is difficult to conceive of how a system can be fair when some countries will be left without any representation at all. On average there is one seat in the European Parliament for every 670,000 individuals in the EU however Malta (452,000) and Luxembourg (537,000) both have populations that are smaller than this. In effect each of these countries will only have around two thirds of a MEP. It is very unlikely that even the most popular Maltese and Luxembourgian parties will secure a seat in a fully proportional system with a single constituency. Two countries would therefore effectively be disenfranchised by this system.


This avoids the real questions about the European Parliament  The real problems with the European Parliament are not about the voting system; most people agree that the system is currently pretty fair. Rather the problem is with A, a lack of interest in European policies – only 43% are interested in European Affairs in 2013, a fall from 51% in 2012. B, the inability of the European Parliament to address the main concerns of the people which are in order unemployment, social inequalities, public debt, jobs for youth, it is not until the 7th most important challenge, immigration that the European parliament has a significant impact. [1] C, a lack of power, and where it has power lack of knowledge about the European Parliament. A change in voting system does not mean a change in the Parliament’s powers or perception.  [1] Directorate-General for Communication Public Opinion Monitoring Unit, ‘European Parliament Eurobarometer: One year to go until the 2014 European elections’, European Parliament, EB 79.5, 21 August 2013  , p.69, 81


Would undermine national sovereignty  Separating the European Parliament elections from the individual countries of Europe is clearly a challenge to national sovereignty. Each member state should be able to decide how it conducts its elections (within a certain general framework), what parties can compete in those elections, the rules governing campaigning etc. The basis of the European Union is what is agreed between the member states by the members of the European Council. In the treaty of Lisbon it was agreed that “Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.” [1] A change to a single constituency would break this provision that has been agreed by the nation states.  [1] ‘Article 9 A’, Official Journal of the European Union, 17 December 2007,  C306/17


It is not true that they won’t have representation; they may not have a specifically Luxembourger or Maltese party but there will be so much choice of parties that their viewpoints will be represented. Additionally this system allows the parties from these small nations to solve this problem by appealing to a wider audience beyond their borders. It is simply an added incentive to Europeanise.


Big countries will dominate  This system would create a tyranny of the majority that the current system guards against. The reason why smaller member states have greater representation is to prevent the possibility of the bigger states dominating in the parliament. Having smaller countries with a greater share of the seats in parliament ensures that their voice is heard. A change to a single constituency would change this to a big advantage for the bigger states. Under the current system in 2014 Germany will have 96 seats; if it were exactly proportional Germany would have 120 – a gain of 24 seats (presuming the limit of 750 remains the same). The smaller states will on the other hand loose seats and their voice in the parliament will become much more marginal.


Discussing electoral systems may seem esoteric but the voting system makes an immense difference to the composition of a parliament. This in turn affects the balance of power in that Parliament and so what laws are actually passed. So a change in the voting system does not completely avoid the question of powers. It may also change perceptions because of the ability of parties to campaign in countries where they have not done so before.  While the lack of powers is a concern for the European Parliament this is something that is slowly changing anyway. The European Parliament was in 2009 made co-legislator with the council meaning it has much more power to stop European level legislation rather than simply being consulted. The change in 2014 to having an elected Commission President will also mean that parliament elections have some influence on the executive. Additionally even on those issues where the Parliament has little power this does not mean it does not take into account citizens’ concerns, on youth unemployment for example the parliament has launched a €15 million program of job creation aimed at youth. [1]  [1] ‘European elections 2014: Different this time?’, EurActive.com, 18 September 2013,


Part of the reason for such apathy is the belief that 62% of European Citizens believe that their vote “wouldn’t change anything”. [1] Why vote if it does not matter. However by changing the electoral system to being completely proportional as this change does peoples votes really do count, this is no longer a reason for apathetically not voting.  [1] Merritt, Giles, ‘European parliament: unpopular, uninteresting, indispensable’, theguardian.com, 31 May 2009,


In many cases, an impartial third party can be more effective. If we look at peace negotiations as an analogy and look at, for example, those between FARC guerillas and the Colombian government they began in Oslo, Norway,(1) not in Colombia or any other South American country. This happens as in order for a conflict to be mediated, you need to have a neutral third party which no party can influence and has no preference. The same can be equally true of peacekeepers.  Due to African membership, the AU is unlikely to be considered impartial putting troops between them African factions. Of course, those African countries are part of the UN too, but due to the sheer number of countries in the UN, it is clear that the influence is much more diminished.  (1) Rueda, Manuel, ‘The Ultimate Guide to Colombia’s Peace Negotiations’, Fusion, 17 October 2012,


African forces will be trusted by Africans  The primary purpose of international organisations is to resolve conflicts between members. In the case of the AU its first stated objective is “achieve greater unity and solidarity between the African countries”. The main threat to this unity as well as peace in the continent is rebel groups and internal conflict. Groups for whom the only goal is wealth or to get into power in their own country.(2)  An AU force’s role would therefore be to defeat these armed groups and to engage in peacekeeping. An AU force is always going to be better at handling these situations due to its legitimacy in Africa. In many African countries, the West is perceived as an imperialist power, due to their colonial past and as a result there is a serious lack of trust between the parties.  An AU force will also be better than any local force as a peacekeeper as it will, like the UN, be seen as being independent while also being African. It would also, like the rebels, be able to cross borders. Such a force would therefore be able to hunt down rebels like the Lords Resistance Army which has so far evaded destruction by moving between Uganda, Southern Sudan, and DR Congo.  (1) The Constitutive Act, African Union, 11 July 2000,   (2) Gettleman, Jeffrey, “Africa's Forever Wars”, Foreign Policy, April 2010


In a world which has been constantly militarizing for the past century it is very hard to believe that Africa will be capable of building, from scratch, such an army capable of impressing the developed world.  Any AU army will be small; the US has a military budget about 15 times all the African countries combined(1)(2), China’s military budget is growing at a double digit rate and many other countries have vasty superior armies when compared to the best in Africa. An AU force is always going to be severely limited by its low budgets and capabilities. It may win plaudits and influence for its help within Africa but it will have no role beyond the continent as it will never be a force used to project power. Changing a perception that Africa can do nothing on its own is one thing, it is quite another to gain influence outside the continent.  (1) Simmins, Charles, “Defense Spending in Africa Increasing”, Clearance Jobs, September 6, 2013   (2) ’Military expenditure’, Stockholm International Peace Research Institute, April 2012,


The international community cant be relied upon  It is clear that Africa cannot rely on the international community to solve its conflicts. In order to be more independent, what the African Union needs is a standing army, which can intervene whenever there is a crisis.  First of all, when looking at statistics, having dipped in the 1990s the number of conflicts is growing once more, the most recent events of Mali and the Algeria serving as a perfect example(1). “following a year (2010) that signalled hope for a more peaceful development, the number of conflicts increased by nearly 20 percent “(4). This has served to demonstrate Africa’s need for a force to engage in peace keeping and peace making.  Despite the growing need for peacekeeping forces, there is reason to believe that the help coming from the international community will be insufficient. The dysfunctional structure of the UNSC, the body which approves all major international interventions. Russia and China, two countries which have a non interventionist approach on foreign policy, have veto power in this body; which means a lot of possible interventions get vetoed. The examples of Syria and Sudan prove the inability of the international community to intervene in crisis situations(2) (3).  (1) “Jihad in the Sahara”, The Economist, Jan 17th 2013,   (2) ‘Genocide in Darfur’, United Human Rights Council, 2013,   (3) Reuters, “Syria Death Toll Tops 115,000, Group Says”, Huffington Post , 1 October 2013,   (4) ‘The number of armed conflicts increased strongly in 2011’, Uppsala Universitet, 13 July 2013,  =


On this point, there are two main reasons why the AU will actually do a poorer job as far as security in concerned.  First of all, there are no assurances that African countries have the necessary expertize or financial capacity of supporting a well trained and always prepared military force. Only one country has a top military, Egypt,(1), and this is largely because African states cannot support big militaries of their own so how would they additionally support an AU force?  On the other side, we have seen the international community engaging successfully in peacekeeping missions, helping local governments defeat rebel groups. There are currently have 15 UN peacekeeping missions(3) in Africa and French troops are helping to stabilise Mali and the CAR(4).  Moreover, the institutional drawbacks that apply to the UNSC unfortunately apply to AU as well. The AU has 53 members and for an intervention to be accepted they would need a two-thirds approval rate. These alleged military interventions might get stuck in the same institutional gridlock as in the status quo. There even are some cases, like Congo, where other states (Rwanda and Uganda) actively supported anti-government Congolese rebel groups(2).  (1) Global Fire Power   (2) “DR Congo's M23 rebels: Rwandan support 'falling'”, BBC, 5 July 2013   (3) “UN Peacekeeping”, Better World Campaign, 2013,   (4) “Sand on their boots”, The Economist, 24 January 2013


Showing Africa can solve its own problems  Countries desire to have influence among the international community. States gain this influence in all sorts of way; economic wealth, high technology, charismatic leaders, or a military power. Having an AU standing army would help provide Africa with influence; it would show the unity of the continent and its willingness to work together. A lot of influence is about perception and this is something that an AU army can change; Africa will no longer be a continent that cannot act for itself even on its own soil but will instead be taking the burden off more established peacekeeping countries. This is an important gain as influence is gained by being able to bring something to the table. Having an AU force means the AU will always be able to bring resources and capabilities when there is a crisis in Africa. The default position will no longer be to look to the UN, or even to France and the UK for peacekeepers when there is a crisis in Africa but to the AU itself.  But an AU army would have other benefits too as the continent would be a better investment opportunity if there is an army guaranteeing security and ensuring peace. The continent’s economic influence may also therefore expand as a result.


In such a situation, past war experience counts for little as every conflict is different.  First of all, African armies on the other hand are familiar with the territory, conditions and people. It is true that Nigeria never sent troops to Iraq, but by battling Boko Haram every single day, it is fair to assume that the strategies and the military techniques used by the army are improving constantly, as they are forced to improve them by the growing threat.  Secondly, The West has been forthcoming when it needs to share military counter insurgency techniques for example of training foreign armies. Through the NATO Training Mission – Afghanistan (1) numerous soldiers have been trained and thus the Afghan security situation dramatically improved. Even if African armies are be under experienced, by participating in joint military exercises with military experts from the western world, they could improve their capabilities quickly  (1) ‘NATO Training Mission – Afghanistan’, International Security Assistance Force, 5 November 2013,


It would be only beneficial to Africa to take matters into its own hands and not depend on some foreign country to save the day when they are in need. Even though at a diplomatic level, all big western liberal democracies are “committed” to helping Africa, it is clear that this may not always be the case.  The West has become fatigued by the wars in Afghanistan and Iraq, as proven by the opposition to a proposed intervention in Syria. Prior to this, the West has failed to intervene efficiently, such as in Rwanda where the response to genocide was too late (1).Moreover the African Union is often much faster to respond to crises in Africa and is the ‘first resort’ while the UN or foreign troops is a last resort. Thus in the Central African Republic AU troops were deployed four months prior to the French intervention. Intervention by western powers will only happen when the crisis is serious, and putting a UN force together can take a long time. This is a very big drawback on the side of the international community and it most often translates into lost lives and increased damages.  (1) Usborne, David, ‘UN pilloried for failure over Rwanda genocide’ Independent, 17 December 1999,


Action would require UN approval  The AU’s powers will be at odds with those of the UN. While the United Nations accepts and even encourages regional organisations engaging in “pacific settlement of local disputes” the point of an army is to be able to intervene with more than just negotiations. “But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council” so any potential intervention of the AU in crisis zones will be conditioned by UNSC approval or not.(1)  If it will, it’s very easy to see how the creation of this standing army will be more or less in vain as it will either be prevented from intervening or act as a subsidiary to a better equipped UN force. The AU could choose to ignore the UNSC. However this option is also problematic as it would undermine the legitimacy of the operation and encourage the creation of regional organisations that try to keep the United Nations out of the region.  (1) United Nations, ‘Charter of the United Nations Chapter VIII: Regional Arrangements’, un.org, 1945,


An AU force will be inexperienced  An AU force won’t just be keeping the peace but it may also be involved in defeating rebel forces. One of the most important prerequisites for winning and ending such a conflict is experience.  When it comes to fighting insurgencies there are many countries that have experience fighting insurgencies; the French in Mail, NATO in Afghanistan, the British in Sierra Leone etc. In each of these national armies have gathered experience and learned counter insurgency techniques. This now makes them best able to solve conflicts.  On the other hand, when looking at the military campaigns of the AU or African countries, there has been little success. AMISOM (African Mission in Somalia) has been in place since 2007, yet Al-Shabaab is still in power in many regions including the capital city, Mogadishu, and the ending is nowhere near (1).  As a result, we should choose the ones with the most experience to handle such crisis rather than a newly created and unprepared AU force.  (1) Smith, David, “Al-Shabaab rebuilds forces in Somalia as African Union campaign stalls”, The Guardian, 28 October 2013


There is no need for an AU force  Western countries have military systems far more efficient than their African counterparts, so it is clear that their involvement would be much more efficient than any AU-lead intervention. UN has already embarked on a mission to end conflict throughout the world and help the continent reach prosperity. Therefore, it would be much more effective for Africa to concentrate and invest in other issues and let the international community handle security. France’s recent intervention in Mali is a testimony of the western world’s devotion when it comes to African security. The mission‘s ultimate objective is, in President François Hollande’s words, to “restore Mali’s territorial integrity”(1) and an AU army would be no better at doing this.  The first point is obviously costs. The cost of a large effective army is very high, especially equipping it for any eventuality. This is very problematic especially when a lot of African countries have poor economies, extremely high illiteracy rates, bad healthcare and virtually no modern infrastructure. It would be much more cost effective for them to concentrate on handling these issues while using UN peacekeepers to maintain peace. There are currently over 15 UN peacekeeping mission in Africa, and if needed, this number can increase.(2)  (1) “Sand on their boots”, The Economist, Jan 24th 2013   (2) “UN Peacekeeping”, Better World Campaign, 2013,


The Security Council will be most unlikely to obstruct a recognised regional security organisation from doing its role. Any veto would be extremely costly for the power that did so as they would incur the ire of most of Africa.  Most of thesituations which the AU will want to intervene in are not of a high enough priority for the international community to devote significant resources to, but which are still big enough to seriously damage African countries. There will be no reason to veto. Moreover, there will be times when the world will be just too ignorant and too slow at some urgent matters which need immediate attention. A well-prepared standing army would have been able to stop the Rwandan genocide.  As a result, even though this policy is not perfect it would help the current situation in Africa improve.


That’s what the status is now. If Africa is indeed rising, surely that is a better bet for Cape Verde? Cape Verde is already being integrated into Africa; it is a member of the Economic Community of West African States. There is an intention for these regional African communities to at some point merge into a market stretching across Africa; The African Economic Community. Cape Verde should increase its integration with a community it is already a member of.  Looking to the European Union also ignores China, India and other important economise – including millions of fellow Portuguese speakers in Brazil, one of the much touted BRIC economies.


Its the economy, stupid!  Cape Verde doesn’t dislike West Africa – it just has no real economic connection to the region. Cape Verde’s main economic partners are in Europe, with over half of imports coming from Portugal and The Netherlands, and more than three quarters of exports going to Spain and Portugal together [1] .  If Cape Verde were to join the EU Internal Market, as discussed [2] , it would give Cape Verdean exports total unfettered access to the whole market and integrate them in to the systems of standards. Joining would mean lower tariffs so in turn Cape Verde goods being exported would be cheaper in their main European market so boosting exports while imports would be cheaper for consumers in Cape Verde meaning the residents are able to buy more.  [1] Central Intelligence Agency, ‘Cabo Verde’, The World Factbook, 11 April 2014,   [2] ‘Cape Verde could seek EU membership this year’, EUbusiness, 7 May 2005,


Schengen membership is not the same as EU membership – some non-EU states, such as Switzerland are part of Schengen, the UK and Ireland are EU member states but are not. Joining Schengen would involve the politically sensitive issue of undocumented migrants, which could not only be fatal to Cape Verde joining Schengen but to integration with Europe itself. Even if it is unlikely, is it that difficult for people to show a passport?  Besides, tourism is not just from Europe to outside – a Euro move would only stop Europeans from needing to change currencies. The peg is the best of both worlds in that it means that the currency is stable.


Cultural links  Cape Verde is not a good fit with the much of the history of Africa. It has been joined at the hip with Europe, if other things had gone other ways this debate would not be happening as the islands could have remained an integral part of Portugal as with Madeira and the Azores. Not all Cape Verdeans do consider themselves to be Africans [1] .  Cape Verde culturally and historically has more in common with Europe. It has a longer standing relationship with a European state than other African nations that were colonized; it was first settled by the Portuguese in 1462 and unlike much of Africa it was uninhabited before Europeans arrived [2] . It history has therefore been one that is linked to Europe not Africa.  A future orientated towards Europe would not have to be culturally exclusive. Cape Verde would not be giving up its independence, any more than Ireland gave up its independence by becoming part of the European Union. Cape Verde would still be free to explore cultural and historical links with Africa.  [1] See Duarte, Diana, “Diana Duarte on Blackness and Cape Verde”, Unchain Africa Press, 2009,   [2] Schultz, Colin, “These are all the places Europeans actually discovered”, Smithsonian.com, 16 August 2013,


While Cape Verde may have a history and culture that is closer to Europe than all other African states this does not mean it does not have an African culture. There are of course many African states all with their own histories, culture and independence dates – from Ethiopia in time immemorial through Namibia in the 1990s to the birth of South Sudan. Some will have more in common with European states than others.  Cape Verde has strong links to Africa; much of its population were originally slaves brought from Africa. The World Factbook gives its ethnic groups as 71% Creole (mulatto) – mixed race, 28% African, and only 1% European. [1] With its population being descended from slavery despite its history having been controlled by Europeans its peoples’ historical experience is more in line with other African countries that were the victims of slavery.  [1] Central Intelligence Agency, ‘Cabo Verde’, The World Factbook, 11 April 2014,


EU membership is good for tourism  Tourism is a key industry for Cape Verde. The archipelago is a popular destination for many from Europe. While the country is resource poor in terms of natural resources, three quarters of the country’s GDP comes from services [1] .  Integration with Europe could see a number of advantages. The Schengen agreement allows visa free, and border control free, travel between its members so this would mean a potential boom in the tourist industry. Joining the Euro would also mean a common currency with other European nations – the Cape Verde Escudo is already pegged to the Euro, and prior to that, it was pegged to the Portuguese Escudo.  [1] Central Intelligence Agency, ‘Cabo Verde’, The World Factbook, 11 April 2014,


EU member states regularly have territories even further abroad than off the coast of West Africa – including even territory on the mainland of South America, French Guiana, a French overseas region. Cyprus is an EU member state too, in the Eastern Mediterranean sea sandwiched between Turkey and Syria. Cyprus is over 300 miles from any other EU territory, over water. In an era of telecommunications and international trade, is this distance too much of a problem?


Size is not necessarily a problem; it means it is much simpler for the EU to pull Cape Verde up to European standards than it would be with a larger country. It also means there will be few concerns about membership; no one is going to be worried about emigration from a country with a tiny population.  The process would also not be immediate; countries take at a minimum five years and often over a decade to join the EU. There are other potential candidates such as Moldova, with a lower GDP per capita, which has been touted as a potential member by Romania [1] . Cape Verde has a service based economy, like many EU member states. It is already a member of the WTO, and has had good solid economic growth [2] . Moreover the entire accession process is built around helping potential member states achieve these criteria, and Cape Verde, due to its small size, would not face the biggest challenges to get in.  There is no reason why Cape Verde joining the EU is somehow impractical on an economic level.  [1] Nn, “Romania urges EU membership date for Moldova”, Radio Free Europe Radio Liberty, 19 March 2014,   [2] World Bank, “Cabo Verde Data”, data.worldbank.org,


Cape Verde should be a beacon for Africa  Rather than joining the European sphere or even looking towards Europe, Cape Verde could act as a beacon for the rest of Africa. Africa has a need for countries that are setting a good example in governance for others to follow. The country is already at the top of several sections in the Mo Ibrahim Index, notably those relating to human rights [1] .  Its former President Pedro Pires has also won the Mo Ibrahim prize for “transforming Cape Verde into a model of democracy, stability and increased prosperity”. The prize is only awarded when there is a peaceful, democratic transition and is in many years not awarded to anyone, it has not been awarded since Pires in 2011. [2] Instead of abandoning it Cape Verde should help build up Africa – a rising continent, rather than taking the tempting option of moving.  [1] ‘Cape Verde 3rd/52’, Mo Ibrahim Index, 2013,   [2] ‘President Pedro de Verona Rodrigues Pires, Cape Verde’, Mo Ibrahim Foundation, 2011,


Geographical stretch too far  Cape Verde is just too far from Europe – it is 400 miles off the coast of Senegal compared to almost 1,900 miles from the Portuguese mainland. [1] The European Union has never had a member from Africa, and neither have other European institutions such as the Council of Europe. [2] The Canary Islands and similar archipelagos are not helpful as a precedent because they are integral parts of other nations that are themselves clearly positioned on the European continent.  The sole condition for EU membership is that the applicant must be a European state, something Cape Verde is not. Would the EU really be willing to have a member so far from it as a full member, when Morocco, just across the strait of Gibraltar, was rejected for that reason? [3]  [1] ‘Distance from Praia to…’, timeanddate.com,   [2] ‘Member States’, coe.int,   [3] ‘Legal questions of enlargement’, Briefing No 23, europarl.europa.eu,


Joining Europe is unrealistic  A move towards the European sphere of influence might seem logical, but success is not guaranteed. In terms of population, Cape Verde would be the second smallest EU member state after Malta meaning it would have little influence over the Union when it joins. And there is little reason for the EU to desire Cape Verde’s membership as it will provide no real gains to the Union.  Also, its human development index is lower than that of Iraq [1] , over fifty places behind that of lowest EU member state Bulgaria – which when it comes to governance and development is subject to little more than ridicule in the media of other member states. Not every European nation would get in on economic criteria – Moldova joining is not likely in the near future either.  The only success from orientating towards Europe would be a burning of continental bridges with Africa.  [1] Central Intelligence Agency, ‘Iraq’, The World Factbook, 11 April 2014,


Cape Verde should determine its own role in the world – not be beholden to the interests of a continental bloc.  Paradoxically by moving towards Europe Cape Verde could be a much better model for the African continent – it would show that African states, even small ones, are capable of becoming developed countries. An African country successfully joining European institutions would give hope to the rest of the continent that there could be closer integration and cooperation in the future.


Being leader should not allow you blanket immunity from persecution of crimes. If an agreement was able to be reached for these two men, surely a similar agreement can reached for others. Stability might be undermined more if leaders who are proven to committing war crimes are allowed to remain in power where they may do so again.


Having the president out of the country undermines stability  While Kenyatta and his deputy William Ruto have been visiting the ICC, they should have been leading their countries. While the indictment has occurred both have remained the leaders of their countries, but have been absent while major events such as the Westgate shootings occurred. Despite the need to strong leadership in the midst of a potentially divisive event, Ruto was only granted one week away from trial. [1] Having a clear and stable leadership is important for Kenya to develop, restrict violence and ensure that policy development is able to continue, particularly given the cross-ethnic powering sharing arrangement between Kenyatta and Ruto. Absence of leadership during the fear and uncertainty surrounding this event might lead to a fresh round of violence as supporters take to the streets in protest – this election had put former enemies Kenyatta and Ruto together, easing ethnic tensions in the region [2] .  [1] Ndonga, Wamubi, ‘Kenya: Ruto Can Return to Kenya For A Week Over Westgate – ICC’, allAfrica, 23 September 2013,   [2] ‘Will Africa pull out of the ICC?’, BBC News, 11 October 2013,


In the five years since the violence occurred, very little action has occurred from the domestic forces; there have been only two murder convictions for the 1200 deaths. [1] Furthermore, these forces are working for the people they are meant to be investigating. The case of Kenyatta has seen accusations of witness intimidation on large scales, meaning objectivity in local courts is very unlikely to occur [2] . The result of the Waki commission was to hand over alleged perpetrators to the ICC directly, showing that Kenya felt the need to rely on this international framework [3] .  [1] ‘Kenya: Prosecute Perpetrators of Post-Election Violence’, Human Rights Watch, 9 December 2011,   [2] ‘Perceptions and Realities:Kenya and the International Criminal Court’, Human Rights Watch, 14 November 2013,   [3] Wachira, Muchemi, ‘Annan did not ambush Kenya says Justice minister’, Daily Nation, 13 July 2009,


The ICC indictment undermines democracy  Uhuru Kenyatta is a sitting president of a democratic nation. This means that he was elected by the people to serve them. By indicting a sitting leader, you undermine their ability to rule the country as they will be forced to spend long periods outside their country focusing on something that is irrelevant to the governance of their country. The ICC has demanded that Kenyatta and Ruto attend the trial in person. [1] By forcing the President and Deputy President to spend long hours away from the country involved in a trial the ICC is effectively disenfranchising the people who voted from him to be their leader. Further, Kenyatta is first and foremost accountable to the Kenyan people, who have chosen him as leader despite these claims. It is clearly unwelcome interference by the ICC for the court to take the President away from his duties.  [1] Statement by ICC, ‘Kenyatta case: ICC Trial Chamber V(b) reviews decision on presence of accused at trial’, whereiskenya.com, 27 November 2013,


It would seem to undermine democracy to allow a president accused of violence during an election to continue to serve. Elections are only one part of a democracy; another is a functioning and respected rule of law. When the president has charges to answer he should stand down, at least temporarily. It is wrong to assume that someone who is elected as representative should have some form of immunity and that outside forces should not be able to investigate him; a president has a lot of power to repress minorities. That repression being supported by a democratic minority does not make it any less wrong. Moreover Kenyatta was elected with 50.07% of the vote, not an overwhelming endorsement. [1]  [1] Gatehouse, Gabriel, ‘Kenya Supreme Court upholds Uhuru Kenyatta election win’, BBC News, 30 March 2013,


Far from too much interference that the trial is on the point of collapse shows there has not been enough. The ICC has found itself unable to protect witnesses, with the result that there have been two withdrawals. Both the defence [1] and the prosecutor claim there has been witness intimidation in the trial. [2]  [1] ‘Kenyatta lawyers demand trial scrapped, say witnesses intimidated’, reuters, 10 October 2013,   [2] Sterling, Toby, ‘Kenyatta war crimes trial: Prosecutor asks for delay after witnesses withdeaw in case against Kenyan President’, The Independent, 20 December 2013,


Kenya can prosecute these crimes itself  Kenya has a functioning judiciary and police force. They have successfully prosecuted some individuals for these crimes and it should be left to Kenya to deliver justice for itself. There have been several cases brought before the courts. [1] Kenyans overwhelmingly see the ICC is ‘imperialist’, and 61% want the ICC to terminate its case against Kenyatta. [2] If and when Kenya’s leaders should be tried should be left to the domestic judiciary to decide.  [1] Nebehay, Stephanie, ‘UN urges Kenya to probe violence after 2007 elections’, Reuters, 26 July 2012,   [2] Wanyama, Henry, ‘Kenya: 61 Percent of Kenyans Want ICC Cases Dropped – Poll’, allAfrica, 1 February 2014,


A pointless trial that victimizes African leaders  While the ICC feels free to interfere with African countries it would never dare to do so in a western country; leaders such as George Bush, Tony Blair, Nicholas Sarkozy and others who have launched various armed interventions have not been put on trial. Not only is it victimization and interference the trial of Kenyatta is also likely to be pointless; it is on the point of collapse. The prosecutor Fatou Bensouda has stated “Having carefully considered my evidence and the impact of the two withdrawals, I have come to the conclusion that currently the case against Mr. Kenyatta does not satisfy the high evidentiary standards required at trial”. [1]  [1] AFP, ‘'Not enough evidence for Kenyatta trial': ICC prosecutor’, Google, 19 December 2013,


The Kenyan Parliament decided against creating a special tribunal, the court should not have then gone over the elected representatives’ head to hand the case to the ICC. The Parliament has since shown its displeasure at the ICC’s interference by voting to leave the ICC entirely. [1]  [1] AP, ‘Kenya votes to leave ICC days before deputy president’s Hague trial’, The Guardian, 5 September 2013,


Justice can still be sought by either local courts or after Kenyatta’s term ends. Justice should be done without ICC interference in the domestic affairs of Kenya. Even so, this does not seem like the pursuit of justice by the ICC, rather a witch hunt by the ICC for African leaders [1] .  [1] ‘African Union accuses ICC of ‘hunting’ Africans’, BBC News, 27 May 2013,


Breaks cycles of violence  When violence is not punished, it tends to lead to more violence – such as the lack of prosecutions following the violence occurring after the 1992 and 1997 elections, to which people attribute to the air of impunity in the 2007 elections. This is firstly because people never heal from the initial violence – when justice is not seen to be done, they remain angry and partisan. Secondly however, a lack of retribution leads to increased confidence to repeat and exacerbate acts.


Kenyans wanted the investigation  It cannot be unwelcome interference in Kenya’s internal affairs when it was Kenyans who invited the ICC in. It was the Kenyan government that set up the Waki commission under Kenyan Court of Appeals Judge Philip Waki into the violence. It was then this commission that decided to pass the results of its investigation on to the ICC in order to get prosecutions due to the failure to set up a special tribunal. [1] The Kenyan government may have disliked the final outcome of its creation of such a commission but it was undoubtedly asked for by the Kenyan judiciary. Moreover until it became clear that the trial could collapse Kenyans were largely supportive with more than half the country supporting the trial. [2]  [1] Justice Initiative Kenya Monitor  [2] Maliti, Tom, ‘New opinion poll finds rise in support for ICC; many want Kenyatta to attend trial’, Kenya Monitor, 15 November 2013,


Justice is important  Justice is important in its own right, for the victims of the atrocities and for the development of Kenya. Victims have a right under the Universal Declaration of Human Rights [1] to have access to justice. Being elected should not be a blanket ban from being prosecuted for your crimes. In fact, the rule of law establishes the principle that leaders are subject to the same laws as all citizens. By seeing leaders being prosecuted for crimes, everyone sees the system working, allowing citizens to trust and buy further into the democratic system. As a consequence, the pursuit of justice is the most important factor above and beyond any claims of interference.  [1] Article 8, Universal Declaration of Human Rights.


Justice for violence is not fundamental to peace, as can be seen by the comparatively peaceful 2013 elections. Having now established working relationship between ethnic communities, why stoke the fire by prosecuting community leaders? 60% of Kenyans say they do not believe that the case even if it runs to a conclusion will not help heal Kenya. [1]  [1] Wanyama, 2014


Israel has a better historical, moral and demographic claim to an undivided Jerusalem as its capitol than the Palestinians have a claim to East Jerusalem. This is both because Israel's historical claim is older, and indeed original, but also because Israel does govern all Jerusalem, including East Jerusalem, both fairly and democratically. Moreover, the idea that Jerusalem could be is not practical. If all Jerusalem becomes the capital of both Israel and Palestine, this would create all sorts of potential problems. If it was shared for example, would a baby born in a shared Jerusalem’s civic nationality be Israeli or Palestinian? And if an act is committed in Jerusalem which one nation's government recognises as a crime but the other doesn't, who decides what should be done? Different countries sharing a disputed territory but not dividing it is very illogical, even more so if that territory is the capital of both. Imagine what would have happened if the UK, France, and the USA decided to share Berlin with the USSR instead of dividing it!


Palestine has as valid a claim to Jerusalem as Israel does:  The Palestinians have as valid a claim to Jerusalem as the capitol of their state as the Israelis has a claim to Jerusalem as the capitol of their state. At the end of 2008, the population of East Jerusalem was 57% Muslim (Palestinian) and only 43% Jewish, sowing a clear and workable Palestinian majority in East Jerusalem.(10) Both sides have important religious sites in the city. The dome of the Rock is integral to Islam to the prophet Muhammad’s night journey to the temple making it Islam’s third holiest place after only Mecca and Medina. It is equally important for Jews to have access to the Western Wall.(1)  For the Palestinians Israel has made its claim over the whole of Jerusalem more illegitimate by misgoverning the East of Jerusalem. For example, because there are no Arab’s on the committee that chooses street names in Jerusalem in the telephone book maps of Arab neighbourhoods are blank, like unexplored parts of the Amazon in the 19th century. As a result mail is seldom delivered there, and having Arabs' become perceived to be invisible, non-existent or else branded as terrorists.(5)  Throughout the Israeli occupation the demographic balance has served as the main consideration in Israeli decision making for both local and central government. This has been a deliberate attempt to forstall any attempt by the Palestinians to claim that they have an equal right to Jerusalem. Israeli policies have been directed to mainly serve spatial/demographic domination of "Jewish Jerusalem." There was no attempt to "integrate" the Palestinian neighborhoods' functions with West Jerusalem or the settlements built in Palestinian areas. On the contrary, the policy has been to separate and isolate them.  East Jerusalem serves naturally as a metropolitan center of the entire West Bank, until the Oslo agreement in September 1993, some autonomy of Palestinian Jerusalemites was allowed especially in educational, sport, health, cultural, religious institutions and community based organizations. There has however been a movement from "United Jerusalem" to "Jewish Jerusalem." From 2000 the Palestinian demographic threat, became the reason for "getting rid" of Palestinian Jerusalemites after Israel had accomplished its spacio-political goals for a "Jewish Jerusalem." Israel of today is in the process of replacing the slogan of "United Jerusalem" with great "Jewish Jerusalem" with the Old City as its core. As a result of the Israeli policy, Palestinian neighborhoods (including the available land for future development) consist of only 17 percent of the entire East Jerusalem area and 7 percent of total municipal Jerusalem. Israel restricted the Palestinian construction and economic development, which led to the emigration of the Palestinians from the city to new areas developed as suburbs of the city. This territorial/demographic domination and restriction on Palestinian development affected East Jerusalem by deteriorating its functionality in disconnecting it from its hinterland and West Bank areas.(14)  Israeli officials have also not been fair or protective of Palestinians, repeatedly being highly abusive, and Israeli security forces have been accepting of abusive Israeli civilian treatment of Palestinians.(2) Moreover, Jerusalem can be shared, and thus divided in practical terms but not "divided" per se. It has been a Palestinian position that Jerusalem can "remain the capital of Israel" and can "remain undivided". This is a as long as that does not preclude the Palestinians from also having their capital in a "shared" city.(11) What matters is that it is recognised that the Palestinians have as valid a claim to their part of Jerusalem as the Israelis do to their part, and as a consequence Jerusalem should be divided in such a way as to give the Palestinians control over their area as the capitol of their new state.


The 1947 Arab invasion invalidated the "international" status of Jerusalem. The Arab non-acceptance of Resolution 181 and invasion of Israel immediately upon its declaration of statehood essentially reneged the resolution and the creation of an Arab state at the time.(15) Furthermore, self-determination is not an absolute right. Not every territory and region in the world that seeks independence has the right to it. This is due in no small part to the fact that such a system would be unworkable. Certain criteria must be met for a territory and people to obtain a legitimate right to self-determination, including not compromising the fundamental security or territorial integrity of the original state, which a Palestinian East Jerusalem would probably do.


Sharing Jerusalem is necessary for peace  The only sustainable solution is to divide and then share Jerusalem, and the Haram-Temple Mount. No final deal will be possible if one side or the other is not willing to embrace this. Sharing Jerusalem would involve acknowledging and respecting each other’s claims which would extend to the other problems preventing agreement. (1)  Sharing is the only solution that leads to peace, as the Palestinians in East Jerusalem will not tolerate permanent Israeli governance. Peace will always be a trade-off; Israel needs security while the Palestinians need territory and a viable capital city which they have dreamed of having in East Jerusalem for decades. (9)(5) In any peace deal Israel will have to accept that their security forces cannot be in control of Muslim areas. The Palestinians won’t trust them as a result of decades where they have not been fair to Palestinians and have been abusive rather than protective.(2) All this means that Israeli rule in East Jerusalem can never be legitimate in the eyes of the Palestinians, and so long term peace can never emerge as long as this rule continues.  French President Nicholas Sarkozy said in 2008: "There cannot be peace without recognition of Jerusalem as the capital of two states and the guarantee of free access to the holy places for all religions."(3) There has actually been recent recognition of this fact on both the Israeli and Palestinian sides. Hady Amr, Director of Brookings Doha Center, wrote in 2007: "At a recent closed-door gathering of former Israeli and Palestinian negotiators hosted at the Saban Center for Middle East Policy at the Brookings Institution...had come to realize just how painful the issue of Jerusalem was for both sides, that neither side could feel whole without Jerusalem, and that separation arrangements were unworkable when emotions flared over a few feet of Jerusalem stone. Although it took a decade, the Israelis realized that they could not be secure from Palestinian rancor if they deprived Muslim and Christian Palestinians of sovereignty over the Muslim Noble Sanctuary and the holy Christian churches. The Palestinian negotiators also acknowledged the corollary Israeli need for sovereignty over not only the Wailing Wall, but also the Jewish Temple Mount."(4) A poll in 2000 showed some 40 percent of Israelis were ready to give up Arab East Jerusalem without even knowing what they would get in return.(1) While it is an unlikely solution most of the more likely methods have already been tried so new more unconventional solutions need to be tried. The division of Jerusalem could be such a solution that would kick start the rest of the peace process. The benefits of ending the conflict would be immense.(4)


Dividing Jerusalem would simply turn the city into a war zone, with the battle lines being drawn wherever the dividing lines are drawn, as the two mixed-up and opposing communities fight for control over streets, holy sites and neighbourhoods. Moreover, it is simply not true that the inhabitants of East Jerusalem necessarily want to be the inhabitants of the capitol of a new Palestinian state rather than inhabitants of Israel. An opinion poll of residents of all 19 Arab neighborhoods of East Jerusalem conducted in 2011 showed opposition to a transfer of control to the Palestinian Authority. 40% said that they would move to Israel if their neighbourhood was transferred to the Palestinian Authority, and 39% believed most of their neighbour’s preferred Israeli citizenship. On the other hand only 29% would move to a Palestinian neighbourhood if theirs remained in Israel, and 31% estimated that most of their neighbours preferred Palestinian citizenship. 35% prefer Israeli citizenship compared to 30% preferring Palestinian citizenship, with 30% not knowing or not answering. Residents therefore seem to be satisfied with their current situation of having Israeli identity cards which entitle them to all the rights of Israeli citizens except the right to vote in national elections. They are also all entitled to citizenship upon request, in which case they may vote in national elections.(6) This means that sharing Jerusalem will not be a simple solution and that the Palestinians can come to trust the Israeli government and its security services.


International law supports dividing Jerusalem  The Palestinian people since 1967 have demonstrated through resistance to Israeli occupation their desire for an independent state of their own.(7) An undivided Jerusalem forces the Palestinians living in East Jerusalem to live under the control of a state they do not wish to be a part of, a violation of their right to self-determination under international law. The 1993 Vienna Declaration, which reaffirmed the Universal Declaration of Human Rights and the UN Charter (and so sets the standard in current international law), unequivocally gives all peoples the right to self-determination: “All people have the right to self-determination. Owing to this right they freely establish their political status and freely provide their economic, social and cultural development...World Conference on Human Rights considers refusal of the right to self-determination as a violation of human rights and emphasizes the necessity of effective realization of this right”.(12) Because Israel captured East Jerusalem during the 1967 war, it is considered occupied territory under international law, and it is illegal for Israel to annex it.(7) This is why most countries do not recognise Israeli sovereignty over East Jerusalem and in fact keep their diplomatic missions in Tel-Aviv today and do not consider Jerusalem the official capital of Israel.(15) The fact that Arab states initiated the 1967 war does not justify Israel responding by annexing Palestinian territory or holding on to East Jerusalem, and so international law supports the return of East Jerusalem to the Palestinians.(8)


Dividing Jerusalem will not alienate Jews from their heritage. Dennis Ross writes in the book "the Missing Peace", that it is a myth: "that all of Jerusalem, including the exclusively Arab neighbourhoods of Jerusalem, must remain Israeli lest the division of East Jerusalem rob Israel of its link to its Jewish heritage."(22) Furthermore, splitting Jerusalem will establish needed peace for economic growth. Without peace, it is impossible for Jerusalem to thrive economically as it should. If splitting Jerusalem is the best way to establish peace, then it is also the best way to stimulate economic growth. Finally, even if it would be damaging to Israeli society or culture to lose East Jerusalem, the fact that Israel illegitimately acquired it in a war means that this is a burden the Israelis should bear, instead of forcing the harm on the Palestinians.


The Palestinians will accept a peace deal that gives them East Jerusalem, and so the fears over 'Hamas' are misplaced as the conflict will end. In October 2010 Senior Palestine Liberation Organization official Yasser Abed Rabbo said that the Palestinians will be willing to recognize the State of Israel in any way that it desires, if the Americans would only present a map of the future Palestinian state that includes all of the territories captured in 1967, including East Jerusalem. “We want to receive a map of the State of Israel which Israel wants us to accept. If the map will be based on the 1967 borders and will not include our land, our houses and East Jerusalem, we will be willing to recognize Israel according to the formulation of the government within the hour. ” added Rabbo.(18) Moreover, Jerusalem has been psychologically and religiously divided since 1967. The walls may be invisible, but they are high and thick. Many Israelis never go to the Arab neighbourhoods or the Old City, because they know, even though Israel controls them, they are not welcome. Many Arabs don't go to the Jewish sections, because they too know they are not welcome. And tens of thousands of secular Israelis have fled Jerusalem for Tel Aviv, because they do not feel comfortable in a city dominated by the ultra-Orthodox.(1) Only formalizing these divisions can end the conflict.


Jerusalem belongs to Israel  Jerusalem became a city in 1010 B.C.E. when King David defeated the Jebusites. King David made that city his seat of government. In fact, King David loved Jerusalem that he brought the sacred Ark of the Covenant into that city and stripped the so-called twelve tribes of Israel of some of their spiritual and administrative functions. The Torah is the History of Israel. Jerusalem historically was created and founded by an Israeli and therefore remains the heritage of all Israelis forever, as it is irrevocably bound up not only in their history and culture but also in the Jewish religion.(19)  Moreover, Israel has fought for East Jerusalem and so has no reason it should give it up. Chris Mitchell argued in 2008: "Despite any public warnings, the private negotiations continue for the November summit...In the midst of these plans, some see an irony of history...This year, Israel celebrated the 40th anniversary of the re-unification of Jerusalem...The battle 40 years ago during the 1967 Six Day War reunited a divided city between Jordan and Israel. And for the first time in more than 2,000 years, Israel controlled the city of Jerusalem...Some fear that what Israel won on the battlefield could be lost at the negotiating table."(16) Moreover, Israel has not lost its legitimacy to govern East Jerusalem, as it governs it was well as it can and does so democratically. Israel is a democracy and is doing a fair job in keeping the city open to all three main monotheistic religions. Despite the Inquisition which ruined the Jews and the city, Christians today have been welcomed to the city and their holy places have been given both respect and honour by the State of Israel. Even Muslims have been given the right to maintain their Dome of the Rock - or the Al-Aksa Mosque. There is no reason why this fair religious arrangement should be changed. Even Rome, the seat of the Catholicism has accepted and appreciated the manner by which Israel is keeping Jerusalem free for all religions.(2)  It is for such reasons that a 2011 poll showed that 35% of the inhabitants of East Jerusalem prefer Israeli citizenship, 30% prefer Palestinian citizenship, and 30% didn't know or preferred not to answer. This poll, conducted in all of East Jerusalem's 19 Arab neighbourhoods, shows that Palestinians are mostly satisfied with their present conditions. Their Israeli identity cards entitle them to all the rights of Israeli citizens except the right to vote in national elections, though they can still vote in municipal elections. They are also all entitled to citizenship upon request, in which case they may vote in national elections.(6) Israel offers the opportunity for Palestinians to become representatives of their local communities, but that Palestinians reject this opportunity out of fear of being seen as sympathizing with the enemy. They shirk the opportunity to govern themselves and inflame tensions with Israel. They are, therefore, largely responsible for the poor state of East Jerusalem. Israel should not be held solely responsible.(5) Therefore Israel has a superior claim to all of Jerusalem than the Palestinians do to East Jerusalem, and so the city should not be divided.


Dividing Jerusalem would harm Israeli society:  Besides the aforementioned security concerns, many other harms would also result to Israeli society if Jerusalem were divided. Jerusalem is simply too important to Israeli society to be divided. Ben Gurion explain in 1937, "for the Jews, the millions of the Jews who do not know the difference between the Sharon [or the Jezre'el] and the Valley [or the difference between Rehavia and the Old City] the name Jerusalem means everything."(20) This remains true today: Soviet dissident Natan Sharansky said in 2000, "Above all, Jerusalem is the base of our identity."(21) This is why sharing Jerusalem is forbidden under Israeli law. In 1980, Israel's parliament, the Knesset, passed the "Basic Law". This proclaimed, "Jerusalem, complete and united, is the capital of Israel." This makes it unlawful, under Israeli law, to now divide Jerusalem and share it as a joint capital with a Palestinian state, and shows how deep Israeli attachment to an undivided Jerusalem is.(15)  Dividing Jerusalem would destroy the city, Roni Aloni-Sadovnik argued in 2006: "Yet there is a truth that has yet to be spoken: Any division of Jerusalem will bring about the city's destruction. Maybe, after 3,000 years of bloodletting and destruction, the time has come to understand that the road to peace does not run through Jerusalem."(18) A divided Jerusalem would also be less viable economically. Dividing a city in two means cutting off commerce between the two sides. It means cutting markets in half, reducing the market of suppliers for consumers and consumers for suppliers by 50%. This is highly problematic for a city that aims to become an global centre, and this is even more problematic when the city involved is considered to be a holy one by three faiths, all of whom want to see it prosperous and strong. Therefore dividing Jerusalem would be too harmful to Israeli society and to Jerusalem itself, and so it should not be divided.


Jerusalem cannot be neatly or peacefully divided  Dividing Jerusalem would simply draw up battle lines through the city. With layers of neighbourhoods so close, security is a very real concern. Former Prime Minister Benjamin Netanyahu addressed this issue: "We've seen what happens when we leave. It's not an Arab majority. It's Hamas. Let's be very clear. It's an Iranian base," he said. "If we leave here, Hamas comes here. They start rocketing. They don't have to rocket. They can use small arms fire right into every one of these neighbourhoods. Look how intertwined it is." Finally he complained, "It's hard for me to see how people cannot see that instead of being the end of conflict, it would be the beginning of a conflict we cannot even imagine."(16) Nadav Shragai, a foreign affairs analyst, argues: "The moment that we re-divide Jerusalem and divide up the Old City of Jerusalem, we're going to create chaos. Look what's happening in Iraq where mosques are getting blown up and churches are being attacked. Do we really want to put that in the heart of Jerusalem, with Hamas and a Palestinian version of the Taliban?”(17)  Giving the Palestinians control over the Temple Mount, the "outlying neighbourhood" next to the Western Wall, will mean that Jews are no longer be able to pray in peace at the Wall, or hold Memorial Day ceremonies or induction ceremonies for paratroopers there; nor will they be able to ensure the safety of the president or prime minister should either wish to participate in such ceremonies. Imagine the street battles in the alleys of Sajiyeh and Beit Hanun, in the Gaza Strip, transferred to the ancient streets of Jerusalem, which today teem with Jews. Think about how bar-mitzvah ceremonies or wedding pictures could be held at the Western Wall, or even plain old visits to place a note in the cracks, if Palestinians "controlled" the area a few hundred meters away.(17) The examples of Rachel's Tomb, which the Oslo Accords turned into a half-abandoned border post on the outskirts of Bethlehem, and 19 years (from 1948 until 1967) years in which Jews were forbidden to visit their holy places, even though the armistice agreement with Jordan ostensibly guaranteed such visits, are pertinent here in demonstrating that religious rights would most likely not be respected in a divided Jerusalem.(17) Dividing Jerusalem will fail like all divided cities have failed historically. In the city of Nicosia in Cyprus, for example, they decided to build a wall to separate Turkish and Greek Cypriots, but this failed to solve the economic or political aspects of the conflict between the two peoples. And in Berlin, the wall brought no positive results, and was eventually toppled by residents themselves.(18) The idea of dividing Jerusalem between the Israelis and Palestinians presupposes that Jerusalem is capable of a neat division. But it is not. Somehow, any separation of the city into component parts has to recognize that there are myriad economic and cultural links among political adversaries. Moreover, the monuments and shrines of the Old City attract visitors from all over the world: Muslims who want to worship at al-Aqsa Mosque; Jews seeking to pray at the Western Wall; Christians keen to visit the Church of the Holy Sepulchre or follow the Stations of the Cross. Try as one might, it is not possible to count out the lanes of the Old City so that each of them is controlled by only one faith, one ethnicity. Dividing Jerusalem, says Daniel Seidemann, a lawyer and expert on Jerusalem affairs, is "a political impossibility and a historical inevitability. It will take microsurgery, and I'm afraid the politicians will go at it with a hatchet.”(5) For all these reasons dividing Jerusalem would not be a neat, peaceful process but rather a contested and bloody one which would let forth a new conflict on the very streets of Jerusalem.


While it is technically true that the first founders of Jerusalem were Jewish, this in no way established a de facto right to that city. While Jerusalem may have technically been founded by a Jewish king, the intervening years saw more rule by non-Jewish peoples than not. Furthermore, the communities living there, particularly the Muslim populations, also built their own religious monuments and sights there, most notably the Dome of the Rock (the site of the Prophet Muhammad's ascension to heaven is Islamic teachings). Arguing this ignores the many years of control that followed the founding of Jerusalem. It ignores centuries of cultural and religious heritage that subsequent, and more contemporary, populations have developed in Jerusalem, and it ignores the equally valid claims the Palestinians groups have to Jerusalem. While it would clearly be unfair to give the capitol entirely to the Palestinians, it must also be recognized that their claim must be recognized as having equal legitimacy as Israel's. If Israel claims it deserves the city because of history and religious significance, then the Palestinians can say the same thing right back.(19)


An apparently strong UN obligation to intervene in order to protect innocents will not necessarily provide a positive, deterrent effect. Rather, it could merely serve as an incentive for dictators and generals to commit their atrocities quicker. For example, when the United Nations first considered intervention in Libya, Colonel Qaddafi responded by strengthening the crackdown on protestors and preparing for an all-out assault on the Eastern town of Benghazi [1] . The intent to protect civilians in this case served only to increase the will of the leader to harm them. Furthermore, many of the nasty or failing regimes who might be fearful of intervention have a Security Council patron whom they can rely upon to prevent any action being taken against them. If the UN has an obligation to act to prevent atrocities such as genocide, then vetoes will be used to prevent the Security Council recognizing that such a situation exists in the first place. Though it has recently joined UN resolutions on Sudan, China blocked moves to impose sanctions on Sudan before 2007, largely due to favorable economic ties with the state [2] . Finally, this proposal may make atrocities more likely, by encouraging rebel groups to provoke ill-disciplined government forces into committing gross human rights violations, such as massacres, in the hope that such a response will draw in international forces on their own side.  [1] Buck, T. & Clover, C. (2011), “Gaddafi launches assault on Benghazi”, Financial Times,   [2] BBC News (2007), “Chinese leader boosts Sudan ties”, BBC News,   Al Jazeera, 'China bolsters economic ties with Sudan', 29 June 2011,


A strong United Nations commitment to the Right to Protect will create an effective deterrent to future atrocities.  Governments and leaders who are considering attacks on their own people, or who are wavering in their commitment to defend them from harm, will be aware that ignoring their own obligations could bring swift action from the international community. Only once their ability to hide behind claims to absolute sovereignty has been removed will human rights have to be taken seriously by dictators and extremist regimes. Thus by adopting a strong UN position on the Responsibility to Protect, we can hope to make states take their own responsibilities more seriously and make the need for any actual intervention rare. For example, Omar Al-Bashir of the Sudan has committed horrible atrocities against his own people. He is complicit in committing genocide against Darfur populations, yet remains in power. There is a warrant for his arrest from the International Criminal Court, but they have little ability to act upon their threats [1] . A strong commitment to the responsibility to protect would ensure leaders like Bashir think twice before permitting such atrocities to take place, through fear for their own grip on power.  [1] New York Times (2011), “Omar Hassan al-Bashir”,


That creates a slippery slope. When does the UN draw the line that a government has revoked its sovereignty? How many people have to die? How can it be justified that only if x number of people die, then we will intervene? Additionally, as soon as the UN gets involved in a civil war or dictatorship and has deemed the government no longer sovereign, then who is in charge? Is the UN going to set up a new government and country in the aftermath? That is a large commitment that such a large organization may not be able to execute no matter how ideal.


The United Nations has a responsibility to prevent genocide and mass atrocities.  Citizens should be protected by individual governments, however if governments are either partaking in or failing to prevent genocide and mass atrocities, then another global actor needs to take action. The United Nations should take on this responsibility to protect people when their governments are unable or unwilling to do so, in order to prevent mass killings, genocide and other atrocities [1] . If we believe human rights have any meaning at all, then they must be universal and therefore our obligation to protect citizens from such horrors must apply regardless of state boundaries. Moving from a situation where the UN placed the rights of states above those of their people, to one where individual rights are given the greater priority is surely morally essential.  [1] International Coalition for the Responsibility to Protect, “Implementing the Responsibility to Protect”,


There is a procedural contradiction in the Proposition's position. If there is a universal responsibility to protect, why must this only be exercised through the United Nations, dependent upon Security Council recognition of a crisis and support for action? The United States believes that in some cases it would be right for individual states, or coalitions of the willing to take action to protect innocent life elsewhere in the world, even if the Security Council refused to deliver on its promises. Under the proposition, NATO's intervention in Kosovo in 1998/99 was wrong, and so was Vietnam's in Cambodia against the Khmer Rouge, Tanzania's in Uganda to stop Idi Amin's bloodshed, etc. - none of these had Security Council support.


Not all crises can be dealt with militarily. Often an invasion only creates more problems. Further is the UN ready to take on the underlying problems in cases of genocide and civil war. Those rifts may take decades to heal and is the UN truly invested because simply providing aid and military support will not solve the deep seated tensions in countries like the Sudan and Somalia [1] . Talk of prevention and of using non-military means to ensure states protect their own people properly is little different from existing UN commitments. The UN has failed in the past to head off humanitarian crises and there is nothing in the new Declarations to make it more likely to be successful in future. If the responsibility to protect means anything, it is to weaken the concept of sovereignty and make military intervention more likely.  [1] Genocide Intervention, “Sudan”,


Countries and governments have an obligation to protect human rights and defend their citizens from harm  We can no longer argue that sovereignty must be considered absolute. Sovereignty was created as the means by which states justified the control of their territory to prevent foreign aggression. Since the creation of the United Nations, sovereignty is no longer as necessary to protect states, as most wars are not about territorial acquisition. Now it is primarily a barrier to the international community intervening when the state is abusing its own population. A better principle is if governments today are unable or unwilling to perform the duty to protect their people from harm (including state-imposed harm), then their claims to sovereignty lose their moral force and intervention becomes justified [1] . For example, Qaddafi of Libya was likening his citizens to cockroaches and rats, threatening to kill them house-by-house whilst speaking of his intent to indiscriminately attack the population of Benghazi [2] . As such, there was significant concern that violence would have devastating impacts on Libyan civilians. The United Nations, in response, authorized NATO action [3] . Through unleashing state military assets to attack his own population, Qaddafi made it clear that he was not a fit leader. The United Nations, as the representative of the international community, has the responsibility to protect those whose leaders have let them down.  [1] International Coalition for the Responsibility to Protect, “Implementing the Responsibility to Protect”,   [2] BBC News (2011), “Libya Protests: Defiant Gaddafi refuses to quit”, BBC News,   [3] Chivers, C.J. (2011), “In Libya’s West, Signs of Growing Frustration With NATO”, New York Times,