Search This Blog

Saturday, June 7, 2025

Kristallnacht

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Kristallnacht

Partially destroyed building
Partially destroyed Fasanenstrasse Synagogue in Berlin
LocationNazi Germany
(then including Austria and the Sudetenland)
Date9–10 November 1938
TargetJews
Attack type
Pogrom, purge, looting, arson, mass arrests, homicide, kidnapping
Deaths91+
PerpetratorsAdolf Hitler, Sturmabteilung (SA) stormtroopers, Schutzstaffel (SS), Hitler Youth, German civilians
MotiveRevenge for Ernst vom Rath's assassination, antisemitism

Kristallnacht (German pronunciation: [kʁɪsˈtalnaχt] lit.'crystal night') or the Night of Broken Glass, also called the November pogrom(s) (German: Novemberpogrome, pronounced [noˈvɛm.bɐ.poˌɡʁoːmə] ), was a pogrom against Jews carried out by the Nazi Party's Sturmabteilung (SA) and Schutzstaffel (SS) paramilitary forces along with some participation from the Hitler Youth and German civilians throughout Nazi Germany on 9–10 November 1938. The German authorities looked on without intervening. The euphemistic name Kristallnacht comes from the shards of broken glass that littered the streets after the windows of Jewish-owned stores, buildings, and synagogues were smashed. The pretext for the attacks was the assassination, on 9 November 1938, of the German diplomat Ernst vom Rath by Herschel Grynszpan, a 17-year-old German-born Polish Jew living in Paris.

Jewish homes, hospitals and schools were ransacked as attackers demolished buildings with sledgehammers. Rioters destroyed over 1,400 synagogues and prayer rooms throughout Germany, Austria, and the Sudetenland. Over 7,000 Jewish businesses were damaged or destroyed, and 30,000 Jewish men were arrested and incarcerated in concentration camps. British historian Martin Gilbert wrote that no event in the history of German Jews between 1933 and 1945 was so widely reported as it was happening, and the accounts from foreign journalists working in Germany drew worldwide attention. The Times of London observed on 11 November 1938: "No foreign propagandist bent upon blackening Germany before the world could outdo the tale of burnings and beatings, of blackguardly assaults on defenceless and innocent people, which disgraced that country yesterday."

Estimates of fatalities caused by the attacks have varied. Early reports estimated that 91 Jews had been murdered.[a] Modern analysis of German scholarly sources puts the figure much higher; when deaths from post-arrest maltreatment and subsequent suicides are included, the death toll reaches the hundreds, with Richard J. Evans estimating 638 deaths by suicide, with a total between one and two thousand. Historians view Kristallnacht as a prelude to the Final Solution and the murder of six million Jews during the Holocaust.

Background

Early Nazi persecutions

In the 1920s, most German Jews were fully integrated into the country's society as citizens. They served in the army and navy and contributed to every field of German business, science and culture. Conditions for German Jews began to worsen after the appointment of Adolf Hitler (the Austrian-born leader of the National Socialist German Workers' Party) as Chancellor of Germany on 30 January 1933, and the Enabling Act (implemented 23 March 1933) which enabled the assumption of power by Hitler after the Reichstag fire of 27 February 1933. From its inception, Hitler's regime moved quickly to introduce anti-Jewish policies. Nazi propaganda alienated the 500,000 Jews living in Germany, who accounted for only 0.86% of the overall population, and framed them as an enemy responsible for Germany's defeat in the First World War and for its subsequent economic disasters, such as the 1920s hyperinflation and the subsequent Great Depression. Beginning in 1933, the German government enacted a series of anti-Jewish laws restricting the rights of German Jews to earn a living, to enjoy full citizenship and to gain education, including the Law for the Restoration of the Professional Civil Service of 7 April 1933, which forbade Jews to work in the civil service. The subsequent 1935 Nuremberg Laws stripped German Jews of their citizenship and prohibited Jews from marrying non-Jewish Germans.

These laws resulted in the exclusion and alienation of Jews from German social and political life. Many sought asylum abroad; hundreds of thousands emigrated, but as Chaim Weizmann wrote in 1936, "The world seemed to be divided into two parts—those places where the Jews could not live and those where they could not enter." The international Évian Conference on 6 July 1938 addressed the issue of Jewish and Romani immigration to other countries. By the time the conference took place, more than 250,000 Jews had fled Germany and Austria, which had been annexed by Germany in March 1938; more than 300,000 German and Austrian Jews continued to seek refuge and asylum from oppression. As the number of Jews and Romani wanting to leave increased, the restrictions against them grew, with many countries tightening their rules for admission. By 1938, Germany "had entered a new radical phase in anti-Semitic activity". Some historians believe that the Nazi government had been contemplating a planned outbreak of violence against the Jews and were waiting for an appropriate provocation; there is evidence of this planning dating back to 1937. In a 1997 interview, the German historian Hans Mommsen claimed that a major motive for the pogrom was the desire of the Gauleiters of the NSDAP to seize Jewish property and businesses. Mommsen stated:

The need for money by the party organization stemmed from the fact that Franz Xaver Schwarz, the party treasurer, kept the local and regional organizations of the party short of money. In the fall of 1938, the increased pressure on Jewish property nourished the party's ambition, especially since Hjalmar Schacht had been ousted as Reich minister for economics. This, however, was only one aspect of the origin of the November 1938 pogrom. The Polish government threatened to extradite all Jews who were Polish citizens but would stay in Germany, thus creating a burden of responsibility on the German side. The immediate reaction by the Gestapo was to push the Polish Jews—16,000 persons—over the borderline, but this measure failed due to the stubbornness of the Polish customs officers. The loss of prestige as a result of this abortive operation called for some sort of compensation. Thus, the overreaction to Herschel Grynszpan's attempt against the diplomat Ernst vom Rath came into being and led to the November pogrom. The background of the pogrom was signified by a sharp cleavage of interests between the different agencies of party and state. While the Nazi party was interested in improving its financial strength on the regional and local level by taking over Jewish property, Hermann Göring, in charge of the Four-Year Plan, hoped to acquire access to foreign currency in order to pay for the import of urgently-needed raw material. Heydrich and Himmler were interested in fostering Jewish emigration.

The Zionist leadership in the British Mandate of Palestine wrote in February 1938 that according to "a very reliable private source—one which can be traced back to the highest echelons of the SS leadership", there was "an intention to carry out a genuine and dramatic pogrom in Germany on a large scale in the near future".

Expulsion of Polish Jews in Germany

Polish Jews expelled from Germany in late October 1938

In August 1938, German authorities announced that residence permits for foreigners were being canceled and would have to be renewed. This included German-born Jews of foreign citizenship. Poland stated that it would renounce citizenship rights of Polish Jews living abroad for at least five years after the end of October, effectively making them stateless. In the so-called "Polenaktion", more than 12,000 Polish Jews, among them the philosopher and theologian Rabbi Abraham Joshua Heschel and future literary critic Marcel Reich-Ranicki, were expelled from Germany on 28 October 1938, on Hitler's orders. They were ordered to leave their homes in a single night and were allowed only one suitcase per person to carry their belongings. As the Jews were taken away, their remaining possessions were seized as loot both by Nazi authorities and by neighbors.

The deportees were taken from their homes to railway stations and were put on trains to the Polish border, where Polish border guards sent them back into Germany. This stalemate continued for days in the pouring rain, with the Jews marching without food or shelter between the borders. Four thousand were granted entry into Poland, but the remaining 8,000 were forced to stay at the border. They waited there in harsh conditions to be allowed to enter Poland. A British newspaper told its readers that hundreds "are reported to be lying about, penniless and deserted, in little villages along the frontier near where they had been driven out by the Gestapo and left." Conditions in the refugee camps "were so bad that some actually tried to escape back into Germany and were shot", recalled a British woman who was sent to help those who had been expelled.

Shooting of vom Rath

Herschel Grynszpan, 7 November 1938
Ernst vom Rath

Among those expelled was the family of Sendel and Riva Grynszpan, Polish Jews who had emigrated to Germany in 1911 and settled in Hanover, Germany. At the trial of Adolf Eichmann in 1961, Sendel Grynszpan recounted the events of their deportation from Hanover on the night of 27 October 1938: "Then they took us in police trucks, in prisoners' lorries, about 20 men in each truck, and they took us to the railway station. The streets were full of people shouting: 'Juden Raus! Auf Nach Palästina!'" ("Jews get out! Go to Palestine!"). Their seventeen-year-old son Herschel was living in Paris with an uncle. Herschel received a postcard from his family from the Polish border, describing the family's expulsion: "No one told us what was up, but we realized this was going to be the end .... We don't have a penny. Could you send us something?" He received the postcard on 3 November 1938.

On the morning of Monday, 7 November 1938, he purchased a revolver and a box of bullets, then went to the German embassy and asked to see an embassy official. After he was taken to the office of Nazi diplomat Ernst vom Rath, Grynszpan fired five bullets at Vom Rath, two of which hit him in the abdomen. Vom Rath was a professional diplomat with the Foreign Office who expressed anti-Nazi sympathies, largely based on the Nazis' treatment of the Jews and was under Gestapo investigation for being politically unreliable. However, he also argued that the anti-Semitic laws were "necessary" to allow the Volksgemeinschaft to flourish.

Grynszpan made no attempt to escape the French police and freely confessed to the shooting. In his pocket, he carried a postcard to his parents with the message, "May God forgive me ... I must protest so that the whole world hears my protest, and that I will do." It is widely assumed that the assassination was politically motivated, but historian Hans-Jürgen Döscher says the shooting may have been the result of a love affair gone wrong, and that Grynszpan and vom Rath had become intimate after they met in Le Boeuf sur le Toit, which was a popular meeting place for gay and bisexual men at the time.

The next day, the German government retaliated, barring Jewish children from German state elementary schools, indefinitely suspending Jewish cultural activities, and putting a halt to the publication of Jewish newspapers and magazines, including the three national German Jewish newspapers. A newspaper in Britain described the last move, which cut off the Jewish populace from their leaders, as "intended to disrupt the Jewish community and rob it of the last frail ties which hold it together." Their rights as citizens had been stripped. One of the first legal measures issued was an order by Heinrich Himmler, commander of all German police, forbidding Jews to possess any weapons whatsoever and imposing a penalty of twenty years' confinement in a concentration camp upon every Jew found in possession of a weapon hereafter.

Pogrom

Death of Ernst vom Rath

Ernst vom Rath died of his wounds on 9 November 1938. Word of his death reached Hitler that evening while he was with several key members of the Nazi party at a dinner commemorating the 1923 Beer Hall Putsch. After intense discussions, Hitler left the assembly abruptly without giving his usual address. Propaganda Minister Joseph Goebbels delivered the speech, in his place, and said that "the Führer has decided that... demonstrations should not be prepared or organized by the party, but insofar as they erupt spontaneously, they are not to be hampered." The chief party judge Walter Buch later stated that the message was clear; with these words, Goebbels had commanded the party leaders to organize a pogrom.

Some leading party officials disagreed with Goebbels' actions, fearing the diplomatic crisis it would provoke. Heinrich Himmler wrote, "I suppose that it is Goebbels's megalomania ... and stupidity which is responsible for starting this operation now, in a particularly difficult diplomatic situation." The Israeli historian Saul Friedländer believes that Goebbels had personal reasons for wanting to bring about Kristallnacht. Goebbels had recently suffered humiliation for the ineffectiveness of his propaganda campaign during the Sudeten crisis, and was in some disgrace over an affair with a Czech actress, Lída Baarová. Goebbels needed a chance to improve his standing in the eyes of Hitler. At 1:20 a.m. on 10 November 1938, Reinhard Heydrich sent an urgent secret telegram to the Sicherheitspolizei (Security Police; SiPo) and the Sturmabteilung (SA), containing instructions regarding the riots. This included guidelines for the protection of foreigners and non-Jewish businesses and property. Police were instructed not to interfere with the riots unless the guidelines were violated. Police were also instructed to seize Jewish archives from synagogues and community offices, and to arrest and detain "healthy male Jews, who are not too old", for eventual transfer to (labor) concentration camps. Heinrich Müller, in a message to SA and SS commanders, stated the "most extreme measures" were to be taken against Jewish people.

Riots and Kristallnacht

Kristallnacht, shop damage in Magdeburg

Beginning on November 9, the SA and Hitler Youth shattered the windows of about 7,500 Jewish stores and businesses, hence the name Kristallnacht (Crystal Night), and looted their goods. Jewish homes were ransacked all throughout Germany. Although violence against Jews had not been explicitly condoned by the authorities, there were cases of Jews being beaten or assaulted. Following the violence, police departments recorded a large number of suicides and rapes.

The rioters destroyed many hundreds of synagogues throughout Germany, Austria, and the Sudetenland, with estimates of over one thousand. Over 1,400 synagogues and prayer rooms, many Jewish cemeteries, more than 7,000 Jewish shops, and 29 department stores were damaged, and in many cases destroyed. More than 30,000 Jewish men were arrested and imprisoned in Nazi concentration camps, primarily Dachau, Buchenwald, and Sachsenhausen.

The synagogues, some centuries old, were also victims of considerable violence and vandalism, with the tactics the Stormtroopers practiced on these and other sacred sites described as "approaching the ghoulish" by the United States Consul in Leipzig. Tombstones were uprooted and graves violated. Fires were lit, and prayer books, scrolls, artwork and philosophy texts were thrown upon them, and precious buildings were either burned or smashed until unrecognizable. Eric Lucas recalls the destruction of the synagogue that a tiny Jewish community had constructed in a small village only twelve years earlier:

It did not take long before the first heavy grey stones came tumbling down, and the children of the village amused themselves as they flung stones into the many colored windows. When the first rays of a cold and pale November sun penetrated the heavy dark clouds, the little synagogue was but a heap of stone, broken glass and smashed-up woodwork.

The Daily Telegraph correspondent, Hugh Greene, wrote of events in Berlin:

Mob law ruled in Berlin throughout the afternoon and evening and hordes of hooligans indulged in an orgy of destruction. I have seen several anti-Jewish outbreaks in Germany during the last five years, but never anything as nauseating as this. Racial hatred and hysteria seemed to have taken complete hold of otherwise decent people. I saw fashionably dressed women clapping their hands and screaming with glee, while respectable middle-class mothers held up their babies to see the 'fun'.

Many Berliners were, however, deeply ashamed of the pogrom, and some took great personal risks to offer help to their beleaguered Jewish neighbors. The son of a US consular official heard the janitor of his block cry: "They must have emptied the insane asylums and penitentiaries to find people who'd do things like that!"

KOLD briefly reported on a 2008 remembrance meeting at a local Jewish congregation. According to eyewitness Esther Harris: "They ripped up the belongings, the books, knocked over furniture, shouted obscenities". Historian Gerhard Weinberg is quoted as saying:

Houses of worship burned down, vandalized, in every community in the country where people either participate or watch.

Aftermath

A ruined synagogue in Munich after Kristallnacht
A ruined synagogue in Eisenach after Kristallnacht

The former German Kaiser, Wilhelm II, commented "For the first time, I am ashamed to be German."

Göring, who was in favor of expropriating the property of the Jews rather than destroying it as had happened in the pogrom, directly complained to Sicherheitspolizei Chief Heydrich immediately after the events: "I'd rather you had beaten to death two-hundred Jews than destroy so many valuable assets!" ("Mir wäre lieber gewesen, ihr hättet 200 Juden erschlagen und hättet nicht solche Werte vernichtet!"). Göring met with other members of the Nazi leadership on 12 November to plan the next steps after the riot, setting the stage for formal government action. In the transcript of the meeting, Göring said,

I have received a letter written on the Führer's orders requesting that the Jewish question be now, once and for all, coordinated and solved one way or another .... I should not want to leave any doubt, gentlemen, as to the aim of today's meeting. We have not come together merely to talk again, but to make decisions, and I implore competent agencies to take all measures for the elimination of the Jew from the German economy, and to submit them to me.

The persecution and economic damage inflicted upon German Jews continued after the pogrom, even as their places of business were ransacked. They were forced to pay Judenvermögensabgabe, a collective fine or "atonement contribution" of one billion Reichsmarks for the murder of vom Rath (equivalent to €4 billion 2021 or 7 billion in 2020 USD), which was levied by the compulsory acquisition of 20% of all Jewish property by the state. Six million Reichsmarks of insurance payments for property damage due to the Jewish community were instead paid to the Reich government as "damages to the German Nation". Jews were required to pay for the cost of all damages caused by the pogrom to their residences and businesses.

The number of emigrating Jews surged, as those who were able to leave, abandoned the country. In the ten months following Kristallnacht, more than 115,000 Jews emigrated from the Reich. The majority went to other European countries, the United States or Mandatory Palestine, though at least 14,000 made it to Shanghai, China. As part of government policy, the Nazis seized houses, shops, and other property the émigrés left behind. Many of the destroyed remains of Jewish property plundered during Kristallnacht were dumped near Brandenburg. In October 2008, this dumpsite was discovered by Yaron Svoray, an investigative journalist. The site, the size of four football fields, contained an extensive array of personal and ceremonial items looted during the riots against Jewish property and places of worship on the night of 9 November 1938. It is believed the goods were brought by rail to the outskirts of the village and dumped on designated land. Among the items found were glass bottles engraved with the Star of David, mezuzot, painted window sills, and the armrests of chairs found in synagogues, in addition to an ornamental swastika.

Responses to Kristallnacht

In Germany

The reaction of non-Jewish Germans to Kristallnacht was varied. Many spectators gathered on the scenes, most of them in silence. The local fire departments confined themselves to preventing the flames from spreading to neighboring buildings. In Berlin, police Lieutenant Otto Bellgardt barred SA troopers from setting the New Synagogue on fire, earning his superior officer a verbal reprimand from the commissioner.

Portrait of Paul Ehrlich, damaged on Kristallnacht, then restored by a German neighbor

The British historian Martin Gilbert believes that "many non-Jews resented the round-up", his opinion being supported by German witness Dr. Arthur Flehinger who recalls seeing "people crying while watching from behind their curtains". Rolf Dessauer recalls how a neighbor came forward and restored a portrait of Paul Ehrlich that had been "slashed to ribbons" by the Sturmabteilung. "He wanted it to be known that not all Germans supported Kristallnacht."

The extent of the damage done on Kristallnacht was so great that many Germans are said to have expressed their disapproval of it, and to have described it as senseless. There was however no personal comment or even acknowledgment from the German leader Adolf Hitler himself about Kristallnacht.

In an article released for publication on the evening of 11 November, Goebbels ascribed the events of Kristallnacht to the "healthy instincts" of the German people. He went on to explain: "The German people are anti-Semitic. It has no desire to have its rights restricted or to be provoked in the future by parasites of the Jewish race." Less than 24 hours after Kristallnacht, Adolf Hitler made a one-hour long speech in front of a group of journalists where he completely ignored the recent events on everyone's mind. According to Eugene Davidson the reason for this was that Hitler wished to avoid being directly connected to an event that he was aware that many of those present condemned, regardless of Goebbels's unconvincing explanation that Kristallnacht was caused by popular wrath. Goebbels met the foreign press in the afternoon of 11 November and said that the burning of synagogues and damage to Jewish owned property had been "spontaneous manifestations of indignation against the murder of Herr Vom Rath by the young Jew Grynsban [sic]".

In 1938, just after Kristallnacht, the psychologist Michael Müller-Claudius interviewed 41 randomly selected Nazi Party members on their attitudes towards racial persecution. Of the interviewed party-members 63% expressed extreme indignation against it, while only 5% expressed approval of racial persecution, the rest being noncommittal. A study conducted in 1933 had then shown that 33% of Nazi Party members held no racial prejudice while 13% supported persecution. Sarah Ann Gordon sees two possible reasons for this difference. First, by 1938 large numbers of Germans had joined the Nazi Party for pragmatic reasons rather than ideology thus diluting the percentage of rabid antisemites; second, the Kristallnacht could have caused party members to reject antisemitism that had been acceptable to them in abstract terms but which they could not support when they saw it concretely enacted. During the events of Kristallnacht, several Gauleiter and deputy Gauleiters had refused orders to enact the Kristallnacht, and many leaders of the SA and of the Hitler Youth also openly refused party orders, while expressing disgust. Some Nazis helped Jews during the Kristallnacht.

After 1945 some synagogues were restored. This one in Berlin features a plaque, reading "Never forget", a common expression around Berlin.

As it was aware that the German public did not support the Kristallnacht, the propaganda ministry directed the German press to portray opponents of racial persecution as disloyal. The press was also under orders to downplay the Kristallnacht, describing general events at the local level only, with prohibition against depictions of individual events. In 1939 this was extended to a prohibition on reporting any anti-Jewish measures.

The U.S. ambassador to Germany reported:

In view of this being a totalitarian state a surprising characteristic of the situation here is the intensity and scope among German citizens of condemnation of the recent happenings against Jews.

To the consternation of the Nazis, the Kristallnacht affected public opinion counter to their desires, the peak of opposition against the Nazi racial policies was reached just then, when according to almost all accounts the vast majority of Germans rejected the violence perpetrated against the Jews. Verbal complaints grew rapidly in numbers, and for example, the Düsseldorf branch of the Gestapo reported a sharp decline in anti-Semitic attitudes among the population.

There are many indications of Protestant and Catholic disapproval of racial persecution; for example, anti-Nazi Protestants adopted the Barmen Declaration in 1934, and the Catholic church had already distributed pastoral letters critical of Nazi racial ideology, and the Nazi regime expected to encounter organised resistance from it following Kristallnacht. The Catholic leadership however, just as the various Protestant churches, refrained from responding with organised action.

Martin Sasse, Nazi Party member and bishop of the Evangelical Lutheran Church in Thuringia, leading member of the Nazi German Christians, one of the schismatic factions of German Protestantism, published a compendium of Martin Luther's writings shortly after the Kristallnacht; Sasse "applauded the burning of the synagogues" and the coincidence of the day, writing in the introduction, "On 10 November 1938, on Luther's birthday, the synagogues are burning in Germany." The German people, he urged, ought to heed these words "of the greatest anti-Semite of his time, the warner of his people against the Jews." Diarmaid MacCulloch argued that Luther's 1543 pamphlet, On the Jews and Their Lies was a "blueprint" for the Kristallnacht.

Internationally

British Jews protest against immigration restrictions to Palestine after Kristallnacht, November 1938.

Kristallnacht sparked international outrage. According to Volker Ullrich, "a line had been crossed: Germany had left the community of civilised nations." It discredited pro-Nazi movements in Europe and North America, leading to a sharp decline in their support. Many newspapers condemned Kristallnacht, with some of them comparing it to the murderous pogroms incited by Imperial Russia. The United States recalled its ambassador (but it did not break off diplomatic relations) while other governments severed diplomatic relations with Germany in protest. The British government approved the Kindertransport program for refugee children.

The pogrom marked a turning point in relations between Nazi Germany and the rest of the world. The brutality of Kristallnacht, and the Nazi government's deliberate policy of encouraging the violence once it had begun, laid bare the repressive nature and widespread anti-Semitism entrenched in Germany. World opinion thus turned sharply against the Nazi regime, with some politicians calling for war. On 6 December 1938, William Cooper, an Aboriginal Australian, led a delegation of the Australian Aboriginal League on a march through Melbourne to the German Consulate to deliver a petition which condemned the "cruel persecution of the Jewish people by the Nazi government of Germany". German officials refused to accept the tendered document.

After Kristallnacht, Salvador Allende, Gabriel González Videla, Marmaduke Grove, Florencio Durán and other members of the Congress of Chile sent a telegram to Adolf Hitler denouncing the persecution of Jews. A more personal response, in 1939, was the oratorio A Child of Our Time by the English composer Michael Tippett. Once the government of Sweden was informed of Kristallnacht, it successfully demanded the Nazi authorities stamp the letter J in red ink on passports of German Jews to make it easier for Swedish border officials to turn them away.

Post-war trials

After the end of World War II, there were hundreds of trials over Kristallnacht. The trials were conducted exclusively by German and Austrian courts; the Allied occupation authorities did not have jurisdiction since none of the victims were Allied nationals.

Kristallnacht as a turning point

Kristallnacht changed the nature of Nazi Germany's persecution of the Jews from economic, political, and social exclusion to physical violence, including beatings, incarceration, and murder; the event is often referred to as the beginning of the Holocaust. In this view, it is not only described as a pogrom, it is also described as a critical stage within a process in which each step becomes the seed of the next step. An account cited that Hitler's green light for Kristallnacht was made with the belief that it would help him realize his ambition of getting rid of the Jews in Germany. Prior to this large-scale and organized violence against the Jews, the Nazis' primary objective was to eject them from Germany, leaving their wealth behind. In the words of historian Max Rein in 1988, "Kristallnacht came ... and everything was changed."

While November 1938 predated the overt articulation of "the Final Solution", it foreshadowed the genocide to come. Around the time of Kristallnacht, the SS newspaper Das Schwarze Korps called for a "destruction by swords and flames." At a conference on the day after the pogrom, Hermann Göring said: "The Jewish problem will reach its solution if, in anytime soon, we will be drawn into war beyond our border—then it is obvious that we will have to manage a final account with the Jews."

Kristallnacht was also instrumental in changing global public opinion. In the United States, for instance, it was this specific incident that came to symbolize Nazism, forging the association between National Socialism and evil.

Modern references

Five decades later, 9 November's association with the anniversary of Kristallnacht, as well as the earlier Beer Hall Putsch, was cited as the main reason as to why Schicksalstag, the day the Berlin Wall came down in 1989, was not turned into a new German national holiday; a different day was chosen (3 October 1990, German reunification).

The avant-garde guitarist Gary Lucas's 1988 composition "Verklärte Kristallnacht", which juxtaposes what would become the Israeli national anthem ten years after Kristallnacht, "Hatikvah", with phrases from the German national anthem "Deutschland Über Alles" amid wild electronic shrieks and noise, is intended to be a sonic representation of the horrors of Kristallnacht. It was premiered at the 1988 Berlin Jazz Festival and received rave reviews. (The title is a reference to Arnold Schoenberg's 1899 work Verklärte Nacht that presaged his pioneering work on atonal music; Schoenberg was an Austrian Jew who would move to the United States to escape the Nazis).

In 1989, Al Gore, then a senator from Tennessee and later Vice President of the United States, wrote of an "ecological Kristallnacht" in The New York Times. He opined that events which were then taking place, such as deforestation and ozone depletion, prefigured a greater environmental catastrophe in the same way that Kristallnacht prefigured the Holocaust.

Kristallnacht was the inspiration for the 1993 album Kristallnacht by the composer John Zorn. The German power metal band Masterplan's debut album, Masterplan (2003), features an anti-Nazi song entitled "Crystal Night" as the fourth track. The German band BAP published a song titled "Kristallnaach" in their Cologne dialect, dealing with the emotions engendered by the Kristallnacht.

Kristallnacht was the inspiration for the 1988 composition Mayn Yngele by the composer Frederic Rzewski, of which he says: "I began writing this piece in November 1988, on the 50th anniversary of the Kristallnacht .... My piece is a reflection on that vanished part of Jewish tradition which so strongly colors, by its absence, the culture of our time".

In 2014, The Wall Street Journal published a letter from billionaire Thomas Perkins that compared the "progressive war on the American one percent" of wealthiest Americans and the Occupy movement's "demonization of the rich" to the Kristallnacht and antisemitism in Nazi Germany. The letter was widely criticized and condemned in The AtlanticThe Independent, among bloggers, Twitter users, and "his own colleagues in Silicon Valley". Perkins subsequently apologized for making the comparisons with Nazi Germany, but otherwise stood by his letter, saying, "In the Nazi era it was racial demonization, now it's class demonization."

Kristallnacht has been referenced both explicitly and implicitly in countless cases of vandalism of Jewish property including the toppling of gravestones in a Jewish cemetery in suburban St. Louis, Missouri, and the two 2017 vandalisms of the New England Holocaust Memorial, as the memorial's founder Steve Ross discusses in his book, From Broken Glass: My Story of Finding Hope in Hitler's Death Camps to Inspire a New Generation. The Sri Lankan Finance Minister Mangala Samaraweera also used the term to describe the violence in 2019 against Muslims by Sinhalese nationalists.

The actions of President Donald Trump have been compared with Kristallnacht. On 10 January 2021, the former Governor of California Arnold Schwarzenegger gave a speech decrying the actions of President Donald Trump and the attack he incited on the U.S. Capitol on 6 January.

On 9 November 2022, KFC app users in Germany were sent a message reading "It's memorial day for Kristallnacht! Treat yourself with more tender cheese on your crispy chicken." KFC issued an apology approximately an hour later, blaming the original message on an "error in our system".

The Fortnite Holocaust Museum, a virtual museum based inside the videogame Fortnite, is set to feature a display featuring the Kristallnacht.

On 9 November 2024, the Kristallnacht anniversary, the only glatt kosher restaurant in Washington, D.C. had its windows smashed.

The November 2024 Amsterdam riots in the Netherlands have been compared to the Kristallnacht. On 7 November 2024, Jewish and Israeli supporters of the Maccabi Tel Aviv football team were attacked by pro-Palestinian groups and local football attendees following that day's UEFA Europa League match. The Amsterdam attacks were internationally condemned. Many Jewish advocacy groups, such as the Combat Antisemitism Movement, the Orthodox Union, and the Jewish Federation, have called the November 2024 Amsterdam attacks a "modern-day Kristallnacht". Israeli Prime Minister Benjamin Netanyahu condemned the attacks, noting that it took place just before the 86th anniversary of Kristallnacht and bore many similarities.

In 2025 a feature film titled Kristallnacht directed by Stefan Ruzowitzky about the historical events was in production in Austria.

Names for Kristallnacht

The events of November 1938 have been given disparate names by the perpetrators, bystanders, victims, and historians. In the post-war years, the terms Kristallnacht and Reichskristallnacht became established in West Germany and abroad. In East Germany, the state typically referred to the events as "fascist pogrom night" (German: "faschistische Pogromnacht"). Despite speculation that the term was coined by the Nazis, there is no documented written use of the term before the end of World War II. Despite this, many people later recalled the term being used at the time, leading historians to conclude the term originated from the general public.

Beginning in the late 1970s, alternative names for Kristallnacht were introduced as the "postwar generations began challenging their parents' sanitized version of history", and by the 1980s, the "harmless-sounding" term "Kristallnacht" began to be supplanted in the German-speaking world by several alternatives, such as Reichspogromnacht, Novemberpogrome, and Novemberterror. Linguistically and historically, the term Kristallnacht is seen as problematic. It is widely seen as a euphemism that trivializes anti-Jewish violence, which avoids mentioning either the perpetrators or that the murders, looting, and arson were officially encouraged by the state. Focusing on "broken glass" places vandalism in the foreground and ignores the murders that were committed. Heinz Galinski, the former president of the Central Council of Jews in Germany, criticized the term in 1978, stating "more than just glass was broken. People were killed." The use of the word "night" obscures the fact that much of the violence was committed in broad daylight, and the violence was not confined to a single night. Many of the 30,000 Jews arrested following Kristallnacht were still imprisoned in concentration camps months later. The term's unclear origins also suggest it originated from the German public and not the event's victims. Although no evidence has been found to confirm this, "Kristallnacht" is still perceived by many as a Nazi coinage.

Although Novemberpogrome is today the dominant term, some historians and authors have also criticized the use of the term "pogrom", as it incorporates associations that can be interpreted as trivializing the events. The scale of Kristallnacht far outstripped any pogroms in the Russian Empire, which were local or regional events of spontaneous, lawless mass-violence against Jews and their property. These massacres were initiated by a local population with at most the tacit approval of the local authorities and police. In contrast, the events of Kristallnacht were centrally organized by the national government and systematically carried out across the country, a connotation which is missing from the word "pogrom". The word "pogrom" also places the events in a context that suggests the Holocaust was not unique. Furthermore, the word "Kristallnacht" is established in other languages, and divergent vocabulary can add confusion and difficulty when communicating with researchers and people abroad.

On the 80th anniversary, the president of the German Historical Museum stated that there "will never be" an adequate name for the events of Kristallnacht.

Friday, June 6, 2025

A total and unmitigated defeat

From Wikipedia, the free encyclopedia

A Total and Unmitigated Defeat was a speech by Winston Churchill in the House of Commons at Westminster on Wednesday, 5 October 1938, the third day of the Munich Agreement debate. Signed five days earlier by Prime Minister Neville Chamberlain, the agreement met the demands of Nazi Germany in respect of the Czechoslovak region of Sudetenland.

Churchill spoke for 45 minutes to criticise the government for signing the agreement and, in general, for its policy of appeasement. The speech officially ended Churchill's support for the government's appeasement policy. Churchill had hoped for a reasonable settlement of the Sudetenland issue, but he was adamant that Britain must fight for the continued independence of Czechoslovakia. Among his criticisms of the government, Churchill said that the Soviet Union should have been invited to take part in the negotiations with Hitler.

Although it was one of Churchill's most famous speeches, the Commons voted 366 to 144 in support of a motion in favour of the government's signing of the agreement. Despite their stated opposition to the agreement, Churchill and his Conservative Party supporters chose to abstain, and did not vote against the motion.

Background

Churchill in 1938

In 1938, Winston Churchill was a backbench MP who had been out of government office since 1929. He was the Conservative member for Epping. From the mid-1930s, alarmed by developments in Germany, he had consistently emphasised the necessity of rearmament and the buildup of national defences, especially the Royal Air Force. Churchill strongly opposed the appeasement of Hitler, a policy by which the British government, led by Prime Minister Neville Chamberlain, hoped to maintain peace in Europe.

Czechoslovakia and the Sudetenland

The First Czechoslovak Republic was created in 1918 as an amalgam of territories that had belonged to Austria-Hungary. Among its citizens were three million ethnic Germans, accounting for 22.95% of the total population. Most Germans lived in the Sudetenland, a region that bordered Germany and Austria. Sudetenland was the most industrialised area of Czechoslovakia and relied heavily on exports for regional prosperity. The economy of the region was badly hit by the Great Depression after the Wall Street crash of 1929. Unemployment escalated, especially among Sudeten Germans, and in 1933, inspired by Hitler's rise to power in Germany, Konrad Henlein founded the Sudeten German Party (SdP), which publicly asked for regional autonomy but secretly sought the union of Sudetenland with Germany.

Soon after the Anschluß, Germany's annexation of Austria in March 1938, Henlein met Hitler in Berlin and was instructed to present the so-called Karlsbader Programm to the Czechoslovak government, led by President Edvard Beneš. The document amounted to a series of demands that Czechoslovakia could not accept, principally autonomy for all Germans living in the country. Hitler and Goebbels launched a propaganda campaign in support of the SdP. As Hitler had intended, tensions rose until by September, the outbreak of war seemed immininent.

Czechoslovakia needed the support of other European powers, especially Britain and France. Writing in the Evening Standard on 18 March, Churchill called upon Chamberlain to declare with France that both countries would aid Czechoslovakia if it was subject to an unprovoked attack.

Chamberlain, however, had other ideas. He sympathised with the Sudeten Germans and, commenting on the French declaration, believed some arrangement should be made that "would prove more acceptable to Germany".

Escalation of crisis

Germany mobilised on 2 September, and the crisis came to a head on the 12th, when Hitler made a speech at Nuremberg in which he condemned the Czechoslovak government and accused it of atrocities and of denying rights of self-determination to the Sudeten Germans. On the 13th, Chamberlain decided to act and requested a meeting with Hitler to try to avert the possibility of war. Chamberlain met Hitler at Berchtesgaden on the 15th, but there was no conclusion. However, Hitler demanded for the Sudetenland to be ceded to Germany but claimed that he had no designs on the remainder of Czechoslovakia.

Chamberlain met French Prime Minister Édouard Daladier in London next day. They agreed that Czechoslovakia should cede to Germany all territories in which over 50% of the population were ethnic Germans. In exchange, Britain and France would guarantee the independence of Czechoslovakia. The Czechoslovaks rejected the proposal and the same day issued a warrant for Henlein's arrest.

Chamberlain met Hitler again from 22 to 24 September in Bad Godesberg. Hitler increased his demands, but Chamberlain objected. Hitler stated that Germany would occupy the Sudetenland on 1 October, but that had been planned as early as May, when Fall Grün was drafted. The French and the Czechoslovaks rejected Hitler's demands at Bad Godesberg.

Chamberlain, now anticipating the outbreak of war, said on 27 September 1938 in a radio address to the British people, "How incredible it is that we should be digging trenches and trying on gas-masks here because of a quarrel in a far-away country between people of whom we know nothing".

Munich Conference

On 28 September, Chamberlain sent a further appeal to Hitler and began a speech in the British House of Commons to try to explain the seriousness of the crisis. During his speech, he was handed a message from Hitler that invited him to Munich with Daladier and Mussolini. On the 29th, Mussolini officially proposed what became the Munich Agreement. The Czechoslovak representatives were excluded from the conference on Hitler's insistence and had to rely on Chamberlain and Daladier for information. The four leaders reached agreement on the 29th and signed the treaty at 01:30 the next day. Czechoslovakia reluctantly accepted the agreement as a fait accompli. It ceded the Sudetenland to Germany on 10 October, and Hitler agreed to take no action against the rest of the country.

Later that day, Hitler met Chamberlain privately. They signed the Anglo-German Agreement, which included a statement that both nations considered the Munich Agreement was "symbolic of the desire of our two peoples never to go to war again". Hitler afterwards dismissed the paper as insignificant, but Chamberlain made political capital out of it, returned to England and declared that it was "peace for our time".

"Lost the courage"

A debate on Munich began in the British House of Commons on 3 October. That day, a Conservative minister, Duff Cooper resigned in protest from his post as First Lord of the Admiralty. In his resignation speech on 3 October, Cooper said that Britain had "lost the courage to see things as they are" and that the country had been "drifting, day by day, nearer into war with Germany, and we have never said, until the last moment, and then in most uncertain terms, that we were prepared to fight".

On 4 October, the Manchester Guardian printed a letter from F. L. Lucas, a professor of literature at the University of Cambridge who had been a wounded veteran of World War I and would later work at Bletchley Park during World War II. His letter was headed "The Funeral of British Honour" and stated:

The flowers piled before 10, Downing Street are very fitting for the funeral of British honour and, it may be, of the British Empire. I appreciate the Prime Minister’s love of peace. I know the horrors of war – a great deal better than he can. But when he returns from saving our skins from a blackmailer at the price of other people’s flesh, and waves a piece of paper with Herr Hitler’s name on it, if it were not ghastly, it would be grotesque. No doubt he has never read Mein Kampf in German. But to forget, so utterly, the Reichstag fire, and the occupation of the Rhineland, and 30 June 1934 (the Night of the Long Knives), and the fall of Austria! We have lost the courage to see things as they are. And yet Herr Hitler has kindly put down for us in black and white that programme he is so faithfully carrying out.

Simon's motion

When the debate recommenced on 5 October, Chancellor of the Exchequer Sir John Simon raised a motion: "That this House approves the policy of His Majesty's Government by which war was averted in the recent crisis and supports their efforts to secure a lasting peace". A vote in favour of the motion would confirm the Commons' approval of the Munich Agreement, which ceded the Sudetenland from Czechoslovakia to Germany. In broader terms, support for Simon's motion would signal approval of the government's policy of appeasement in its dealings with Hitler.

After Simon's opening address, the Labour Party's deputy leader, Arthur Greenwood, replied for the Opposition. He pointed out that "the eleventh-hour concessions made at Munich went far beyond the Anglo-French Memorandum and represented a further retreat by Britain and France from the admittedly outrageous demands already made upon Czechoslovakia". Greenwood challenged the right of the "Four-Power Pact", which operated at Munich, to make binding decisions on world affairs within which, he reminded, the Soviet Union and the United States were powerful factors. Greenwood completed his speech and was followed by Churchill.

Speech

Roy Jenkins stated that Churchill delivered "a speech of power and intransigence". Having shortly disclaimed any personal animosity towards Chamberlain, Churchill declared:

I will, therefore, begin by saying the most unpopular and most unwelcome thing. I will begin by saying what everybody would like to ignore or forget but which must nevertheless be stated, namely, that we have sustained a total and unmitigated defeat, and that France has suffered even more than we have.

Having dealt with an interruption by Nancy Astor, who accused him of talking "nonsense", Churchill focused on Chamberlain and said:

The utmost he has been able to gain for Czechoslovakia and in the matters which were in dispute has been that the German dictator, instead of snatching his victuals from the table, has been content to have them served to him course by course.

He summarized the positions reached at Berchtesgaden, Bad Godesberg and Munich metaphorically:

£1 was demanded at the pistol's point. When it was given, £2 were demanded at the pistol's point. Finally, the dictator consented to take £1 17s. 6d and the rest in promises of goodwill for the future.

Churchill then argued that the Czechoslovak government, left to itself and knowing that it would get no help from the Western Powers, would have made better terms. Later in the speech, Churchill predicted accurately that the rest of Czechoslovakia would be "engulfed in the Nazi regime". He went on to say that in his view, "the maintenance of peace depends upon the accumulation of deterrents against the aggressor, coupled with a sincere effort to redress grievances".  He argued that that course had not been taken because Britain and France did not involve "other powers", which could have guaranteed the security of Czechoslovakia while the Sudetenland issue was being examined by an international body. The other power that he had in mind was the Soviet Union, and Churchill soon remonstrated that close contact with it should have been made during the summer months, while the crisis unfolded. Churchill maintained that Hitler would not have followed his course if the Soviets had been involved in the summit meetings.

Churchill indicted the British government for the neglect of its responsibilities in the past five years since Hitler had come to power: "Thou art weighed in the balance and found wanting". He compared the Chamberlain regime with the court of Ethelred the Unready and reminded how England, having held a position of real strength under Alfred the Great, later "fell very swiftly into chaos".

Churchill concluded with a dire warning that foreshadowed the outbreak of the Second World War eleven months later:

And do not suppose that this is the end. This is only the beginning of the reckoning. This is only the first sip, the first foretaste of a bitter cup which will be proffered to us year by year unless by a supreme recovery of moral health and martial vigour, we arise again and take our stand for freedom as in the olden time.

Although the speech is regarded as one of Churchill's finest, it was spoken when he was still a minority politician and, as Jenkins noted, unable to win many friends on the Conservative benches. On 6 October, the Commons concluded the debate and voted 366 to 144 in support of Simon's motion to approve Chamberlain's signing of the Munich Agreement.

No Conservative Party member voted against the motion, and even Churchill and his supporters only abstained.

Aftermath

Churchill's speech had little immediate effect on British public opinion. He himself faced retribution from Conservatives in his constituency and needed a vote of confidence to retain his seat at a meeting of his constituents on 4 November. He won with 100 votes to 44, largely thanks to the support of Sir James Hawkey, who was the chairman of the Epping Conservative Association.

Most people clung to the hope of a lasting peace as promised by Chamberlain. It was not until the Kristallnacht, the anti-Jewish violence of 9–10 November 1938, that they began to think otherwise. It became increasingly difficult for Chamberlain to portray Hitler as a partner in peace. The British government then embarked on a programme of rearmament that was unprecedented in peacetime. The French did likewise.

On 15 March 1939, Germany and Hungary overran the rest of Czechoslovakia, just as Churchill had predicted five months earlier. The Slovak part of the country became nominally independent as the First Slovak Republic but was only a German puppet state. The Czech lands became a puppet state incorporated into Greater Germany as the Protectorate of Bohemia and Moravia.

After Chamberlain had declared war against Germany on 3 September 1939, one of his first actions was to restore Churchill to government office. Churchill was reappointed First Lord of the Admiralty, the office that he held in 1914 at the beginning of the First World War. On 10 May 1940, he succeeded Chamberlain, who had resigned as Prime Minister.

Responsibility to protect

From Wikipedia, the free encyclopedia

The responsibility to protect (R2P or RtoP) is a global political commitment which was endorsed by the United Nations General Assembly at the 2005 World Summit in order to address its four key concerns to prevent genocide, war crimes, ethnic cleansing and crimes against humanity. The doctrine is regarded as a unanimous and well-established international norm over the past two decades.

The principle of the responsibility to protect is based upon the underlying premise that sovereignty entails a responsibility to protect all populations from mass atrocity crimes and human rights violations. The principle is based on a respect for the norms and principles of international law, especially the underlying principles of law relating to sovereignty, peace and security, human rights, and armed conflict. The R2P has three pillars:

  1. Pillar I: The protection responsibilities of the state – "Each individual state has the responsibility to protect its population from genocide, war crimes, ethnic cleansing, and crimes against humanity"
  2. Pillar II: International assistance and capacity-building – States pledge to assist each other in their protection responsibilities
  3. Pillar III: Timely and decisive collective response – If any state is "manifestly failing" in its protection responsibilities, then states should take collective action to protect the population.

While there is agreement among states about the responsibility to protect, there is persistent contestation about the applicability of the third pillar in practice. The responsibility to protect provides a framework for employing measures that already exist (i.e., mediation, early warning mechanisms, economic sanctions, and chapter VII powers) to prevent atrocity crimes and to protect civilians from their occurrence. The authority to employ the use of force under the framework of the responsibility to protect rests solely with United Nations Security Council and is considered a measure of last resort.

The responsibility to protect has been the subject of considerable debate, particularly regarding the implementation of the principle by various actors in the context of country-specific situations, such as Libya, Syria, Sudan, Kenya, Ukraine, Venezuela, and Palestine, for example.

Definition

The responsibility to protect was unanimously adopted by all members of the United Nations General Assembly at the 2005 World Summit and articulated in paragraphs 138–139 of the 2005 World Summit Outcome Document:

138. Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and support the United Nations in establishing an early warning capability.

139. The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly fail to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity and its implications, bearing in mind the principles of the Charter and international law. We also intend to commit ourselves, as necessary and appropriate, to helping States build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assisting those which are under stress before crises and conflicts break out.

140. We fully support the mission of the Special Advisor of the Secretary-General on the Prevention of Genocide.

The above paragraphs in the 2005 World Summit Outcome Document serve as the basis for the inter-governmental agreement to the responsibility to protect. The General Assembly adopted the 2005 World Summit Outcome Document in its resolution 60/1 of 2005. The body subsequently committed to continue consideration of the responsibility to protect with its Resolution A/Res/63/308 of October 2009. The UN Security Council first reaffirmed the responsibility to protect in Resolution 1674 (2006) on the protection of civilians in armed conflict, recalling in particular paragraphs 138 and 139 of the Summit Outcome regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.

Scope and limitations

The report of the International Commission on Intervention and State Sovereignty, which first articulated the responsibility to protect in its December 2001 Report, envisioned a wide scope of application in its articulation of the principle. This included "overwhelming natural or environmental catastrophes, where the state concerned is either unwilling or unable to cope, or call for assistance, and significant loss of life is occurring or threatened."

Heads of State and Government at the 2005 World Summit refined the scope of the responsibility to protect to the four crimes mentioned in paragraphs 138 and 139, namely genocide, war crimes, ethnic cleansing and crimes against humanity, which are commonly referred to as 'atrocity crimes' or 'mass atrocity crimes'.

As per the Secretary-General's 2009 Report on the Responsibility to Protect, Implementing the Responsibility to Protect, "The responsibility to protect applies, until Member States decide otherwise, only to the four specified crimes and violations: genocide, war crimes, ethnic cleansing and crimes against humanity...To try to extend it to cover other calamities, such as HIV/AIDS, climate change or the response to natural disasters, would undermine the 2005 consensus and stretch the concept beyond recognition or operational utility."

The focused scope is part of what the UN Secretary-General has termed a "narrow but deep approach" to the responsibility to protect: A narrow application to four crimes, but a deep approach to response, employing the wide array of prevention and protection instruments available to Member States, the United Nations system, regional and subregional organizations and civil society.

Three pillars

The responsibility to protect consists of three important and mutually-reinforcing pillars, as articulated in the 2009 Report of the Secretary-General on the issue, and which build off paragraphs 138 and 139 of the 2005 World Summit Outcome Document and the intergovernmental agreement to the principle:

  1. Pillar I: The protection responsibilities of the state – "Each individual state has the responsibility to protect its population from genocide, war crimes, ethnic cleansing, and crimes against humanity"
  2. Pillar II: International assistance and capacity-building – States pledge to assist each other in their protection responsibilities
  3. Pillar III: Timely and decisive collective response –If any state is "manifestly failing" in its protection responsibilities, then states should take collective action to protect the population.

While there is widespread agreement among states about the responsibility to protect (only Cuba, Nicaragua, Venezuela and Sudan have questioned R2P's validity), there is persistent contestation about the applicability of the third pillar in practice.

According to the UN Secretary-General's 2012 report, the three pillars of the responsibility to protect are not sequential and are of equal importance. "Without all three, the concept would be incomplete. All three pillars must be implemented in a manner fully consistent with the purposes, principles, and provisions of the Charter." The pillared approach is intended to reinforce, not undermine state sovereignty. As per the 2009 report of the Secretary-General, "By helping States to meet their core protection responsibilities, the responsibility to protect seeks to strengthen sovereignty, not weaken it. It seeks to help States to succeed, not just to react when they fail."

Humanitarian intervention

The responsibility to protect differs from humanitarian intervention in four important ways. First, humanitarian intervention only refers to the use of military force, whereas R2P is first and foremost a preventive principle that emphasizes a range of measures to stem the risk of genocide, war crimes, ethnic cleansing or crimes against humanity before the crimes are threatened or occur. The use of force may only be carried out as a measure of last resort, when all other non-coercive measures have failed, and only when it is authorized by the UN Security Council. This is in contrast to the principle of 'humanitarian intervention', which claims to allow for the use of force as a humanitarian imperative without the authorization of the Security Council.

The second point relates to the first. As a principle, the responsibility to protect is rooted firmly in existing international law, especially the law relating to sovereignty, peace and security, human rights, and armed conflict.

Third, while humanitarian interventions have in the past been justified in the context of varying situations, R2P focuses only on the four mass atrocity crimes: genocide, war crimes, crimes against humanity and ethnic cleansing. The first three crimes are clearly defined in international law and codified in the Rome Statute of the International Criminal Court, the treaty which established the International Criminal Court. Ethnic cleansing is not a crime defined under international law, but has been defined by the UN as "a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic or religious group from certain geographic areas".

Finally, while humanitarian intervention assumes a "right to intervene", the R2P is based on a "responsibility to protect". Humanitarian intervention and the R2P both agree on the fact that sovereignty is not absolute. However, the R2P doctrine shifts away from state-centered motivations to the interests of victims by focusing not on the right of states to intervene but on a responsibility to protect populations at risk. In addition, it introduces a new way of looking at the essence of sovereignty, moving away from issues of "control" and emphasising "responsibility" to one's own citizens and the wider international community.

History

1990s: Origins

The norm of the R2P was born out of the international community's failure to respond to tragedies such as the Rwandan genocide in 1994 and the Srebrenica genocide in 1995. Kofi Annan, who was Assistant Secretary-General at the UN Department for Peacekeeping Operations during the Rwandan genocide, realized the international community's failure to respond. In the wake of the Kosovo intervention, 1999, Annan insisted that traditional notions of sovereignty had been redefined: "States are now widely understood to be instruments at the service of their peoples", he said, while U.S. President Bill Clinton cited human rights concerns in 46% of the hundreds of remarks that he made justifying intervention in Kosovo. In 2000, and in his capacity as UN Secretary-General, Annan wrote the report "We the Peoples" on the role of the United Nations in the 21st Century, and in this report he posed the following question: "if humanitarian intervention is, indeed, an unacceptable assault on sovereignty, how should we respond to a Rwanda, to a Srebrenica – to gross and systematic violations of human rights that offend every precept of our common humanity?"

2000: African Union proposes a right to intervene

The African Union (AU) claimed a responsibility to intervene in crisis situations if a state is failing to protect its population from mass atrocity crimes. In 2000, the AU incorporated the right to intervene in a member state, as enshrined in Article 4(h) of its Constitutive Act, which declares "[t]he right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity". The AU also adopted the Ezulwini Consensus in 2005, which welcomed R2P as a tool for the prevention of mass atrocities.

2000: International Commission on Intervention and State Sovereignty

In September 2000, following an appeal by its Foreign Minister Lloyd Axworthy, the Canadian government established the International Commission on Intervention and State Sovereignty (ICISS) to answer Annan's question "if humanitarian intervention is, indeed, an unacceptable assault on sovereignty, how should we respond to a Rwanda, to a Srebrenica – to gross and systematic violations of human rights that affect every precept of our common humanity?" In February 2001, at the third round table meeting of the ICISS in London, Gareth Evans, Mohamed Sahnoun, and Michael Ignatieff suggested the phrase "responsibility to protect" as a way to avoid the "right to intervene" or "obligation to intervene" doctrines and yet keep a degree of duty to act to resolve humanitarian crises.

In 2001, ICISS released a report titled "The Responsibility to Protect" Archived 2016-01-09 at the Wayback Machine. In a radical reformulation of the meaning of state sovereignty, the report argued that sovereignty entailed not only rights but also responsibilities, specifically a state's responsibility to protect its people from major violations of human rights. This idea rested on earlier work by Francis Deng and Roberta Cohen regarding internally displaced persons. Inspiration may also be attributed to Jan Eliasson, who in response to a questionnaire on internally displaced persons distributed by Francis Deng, stated that assisting populations at risk within their own country was "basically a question of striking a balance between sovereignty and solidarity with people in need." The ICISS report further asserted that, where a state was "unable or unwilling" to protect its people, the responsibility should shift to the international community and "the principle of non-intervention yields to the international responsibility to protect." The ICISS argued that any form of military intervention is "an exceptional and extraordinary measure", and, as such, to be justified it must meet certain criteria, including:

  • Just cause: There must be "serious and irreparable harm occurring to human beings, or imminently likely to occur".
  • Right intention: The main intention of the military action must be to prevent human suffering.
  • Last resort: Every other measure besides military invention has to have already been taken into account. (This does not mean that every measure has to have been tried and been shown to fail, but that there are reasonable grounds to believe that only military action would work in that situation.)
  • Proportional means: The military means must not exceed what is necessary "to secure the defined human protection objective".
  • Reasonable prospects: The chance of success must be reasonably high, and it must be unlikely that the consequences of the military intervention would be worse than the consequences without the intervention.
  • Right authority: The military action has to have been authorized by the Security Council.

2005 World Summit outcome document

As the ICISS report was released in 2001, right around the time of the Second Gulf War, many thought that would be the end of this new norm. However, at the 2005 World Summit, where the largest number of heads of state and government in the history of the UN convened, the R2P was unanimously adopted. While the outcome was close to the ideas of the ICISS report, there were some notable differences: the R2P would now only apply to mass atrocity crimes (genocide, war crimes, crimes against humanity and ethnic cleansing), rather than human rights violations; no mention was made of the criteria of intervention (see above); and the UN Security Council was made the only body allowed to authorize intervention. The paragraphs also stress the importance of regional organizations and the role they can play through Chapter VIII of the UN Charter.

The results of this summit led to world leaders agreeing on holding each other accountable if they fail to uphold the new responsibilities. Decidedly if one state fails to uphold their responsibility this is now where State Sovereignty may be broken in order to protect people in danger of such crimes. First peaceful action is to be taken through humanitarian, diplomatic, or other means. If these fail to resolve the matter, the international community should come together in a “timely and decisive manner”. This shall all be worked on a case-by-case basis through the UN Security Council as well as the UN Charter.

Secretary-General's 2009 report

On 12 January 2009, UN Secretary-General Ban Ki-moon issued a report entitled Implementing the Responsibility to Protect Archived 2014-09-12 at the Wayback Machine. The report was the first comprehensive document from the UN Secretariat on the R2P, following Ban's stated commitment to turn the concept into policy. The Secretary-General's report set the tone and the direction for the discussion on the subject at the UN. The report proposes three-pillar approach to the R2P:

  • Pillar One stresses that states have the primary responsibility to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity.
  • Pillar Two addresses the international community's commitment to help states build capacity to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity, and to help those under stress before crises and conflicts break out.
  • Pillar Three focuses on the responsibility of international community to act in a timely and decisive way to prevent and halt genocide, ethnic cleansing, war crimes, and crimes against humanity when a state manifestly fails to protect its populations.

Global Centre for the Responsibility to Protect

The Global Centre for the Responsibility to Protect (GCR2P) is an international non-governmental organization that conducts research and advocacy for the Responsibility to protect. The Centre is based at the Graduate Center, CUNY, New York City with an office also located in Geneva.

United Nations

At the 2005 World Summit, UN member states included R2P in the Outcome Document agreeing to Paragraphs 138 and 139 as written in its Definition. These paragraphs gave final language to the scope of R2P. It applies to the four mass atrocities crimes only. It also identifies to whom the R2P protocol applies; i.e., nations first, and regional and international communities second. Since then, the UN has been actively engaged with the development of the R2P. Several resolutions, reports, and debates have emerged through the UN forum.

Security Council

The Security Council has reaffirmed its commitment to the R2P in more than 80 resolutions. The first such resolution came in April 2006, when the Security Council reaffirmed the provisions of paragraphs 138 and 139 in Resolution 1674, formalizing their support for the R2P. In 2009, the Council again recognized states' primary responsibility to protect and reaffirmed paragraphs 138 and 139 in resolution 1894.

Additionally, the Security Council has mentioned the R2P in several country-specific resolutions:

Secretary-General reports

In January 2009, UN Secretary-General Ban Ki-moon released UN Secretariat's first comprehensive report on the R2P, called Implementing the Responsibility to Protect Archived 2014-09-12 at the Wayback Machine. His report led to a debate in the General Assembly in July 2009 and the first time since 2005 that the General Assembly had come together to discuss the R2P. Ninety-four member states spoke. Most supported the R2P principle, although some important concerns were voiced. They discussed how to implement the R2P in crisis situations around the world. The debate highlighted the need for regional organizations like the African Union to play a strong role in implementing R2P; the need for stronger early warning mechanisms in the UN; and the need to clarify the roles UN bodies would play in implementing R2P.

One outcome of the debate was the first resolution referencing R2P adopted by the General Assembly. The Resolution (A/RES/63/308) showed that the international community had not forgotten about the concept of the R2P and it decided "to continue its consideration of the responsibility to protect".

In subsequent years, the Secretary-General would release a new report, followed by another debate in the General Assembly.

In 2010, the report was titled Early Warning, Assessment and the Responsibility to Protect Archived 2018-12-22 at the Wayback Machine. The informal interactive dialogue was held on 9 August 2010, with 49 member states, two regional organizations, and two civil society organizations speaking at the event. The discussion had a resoundingly positive tone, with virtually all of those that spoke stressing a need to prevent atrocities and agreeing that effective early warning is a necessary condition for effective prevention and early action. Objections were expressed by a small number of member states; namely Nicaragua, Iran, Pakistan, Sudan, and Venezuela.

In 2011, the report analyzed The Role of Regional and Subregional Arrangements in Implementing the Responsibility to Protect Archived 2018-12-22 at the Wayback Machine. At the debate on 12 July 2011, statements were made by 43 member states, three regional organizations, and four civil society representatives. The biggest challenge to R2P was considered cooperation with, and support between, the UN and regional bodies in times of crisis. Member states acknowledged the importance of resolving this challenge through the unique advantages regional organizations possess in preventing and reacting to mass atrocities.

In 2012, the focus was on Responsibility to Protect: Timely and Decisive Response Archived 2018-12-22 at the Wayback Machine. The debate followed on 5 September 2012 saw interventions address the third pillar of the R2P and the diversity of non-coercive and coercive measures available for a collective response to mass atrocity crimes.

In 2013, the Secretary-General focused on Responsibility to Protect: State responsibility and prevention Archived 2018-12-22 at the Wayback Machine. The debate following the report was held on 11 September 2013. A panel of UN, member state, and civil society experts delivered presentations, after which 68 member states, 1 regional organization, and 2 civil society organizations made statements.

Special Advisors on the Prevention of Genocide and the Responsibility to Protect

In 2004, following the genocidal violence in Rwanda and the Balkans, UN Secretary-General Kofi Annan appointed Juan E. Méndez as Special Adviser to fill critical gaps in the international system that allowed those tragedies to go unchecked. In 2007, Secretary-General Ban Ki-moon appointed Francis M. Deng on a full-time basis at the level of Under-Secretary-General. Around the same time, he also appointed Edward Luck as the Special Adviser who focuses on the R2P, on a part-time basis at the level of Assistant Secretary-General.

The Special Adviser on the Responsibility to Protect leads the conceptual, political, institutional, and operational development of the R2P. The Special Adviser on the Prevention of Genocide acts as a catalyst to raise awareness of the causes and dynamics of genocide, to alert relevant actors where there is a risk of genocide, and to advocate and mobilize for appropriate action. The mandates of the two Special Advisers are distinct but complementary. The efforts of their Office include alerting relevant actors to the risk of genocide, war crimes, ethnic cleansing, and crimes against humanity; enhancing the capacity of the UN to prevent these crimes, including their incitement; and working with member states, regional and sub-regional arrangements, and civil society to develop more effective means of response when they do occur.

Both Special Advisers Deng and Luck ended their assignments with the Office in July 2012. On 17 July 2012, Secretary-General Ban Ki-moon appointed Adama Dieng of Senegal as his Special Adviser on the Prevention of Genocide. On 12 July 2013, Jennifer Welsh of Canada was appointed as the Special Advisor on the Responsibility to Protect.

In practice

Kenya, 2007–2008

From December 2007 to January 2008, Kenya was swept by a wave of ethnic violence triggered by a disputed presidential election held on 27 December 2007. On 30 December 2007, Mwai Kibaki was declared the winner of the presidential elections and was sworn in as president a couple of hours later. The announcement of the results triggered widespread and systematic violence resulting in more than 1,000 deaths and the displacement of over 500,000 civilians. Clashes were characterized by the ethnically targeted killings of people aligned with the two major political parties, the Orange Democratic Movement (ODM) and the Party of National Unity (PNU).

External intervention was almost immediate. French Foreign and European Affairs Minister Bernard Kouchner made an appeal to the UN Security Council in January 2008 to react "in the name of the responsibility to protect" before Kenya plunged into a deadly ethnic conflict. On 31 December 2007, UN Secretary-General Ban Ki-moon issued a statement expressing concern for the ongoing violence and calling for the population to remain calm and for Kenyan security forces to show restraint. On 10 January 2008, former UN Secretary-General Kofi Annan was accepted by both the ODM and the PNU as the African Union Chief Mediator. Mediation efforts led to the signing of a power-sharing agreement on 28 February 2008. The agreement established Mwai Kibaki as President and Raila Odinga as Prime Minister, as well as the creation of three commissions: the Commission of Inquiry on Post-Election Violence (CIPEV); the Truth, Justice and Reconciliation Commission; and the Independent Review Commission on the General Elections. This rapid and coordinated reaction by the international community was praised by Human Rights Watch as "a model of diplomatic action under the 'Responsibility to Protect' principles".

Ivory Coast, 2011

On 30 March 2011, in response to the escalating post-election violence against the population of Ivory Coast in late 2010 and early 2011, the Security Council unanimously adopted resolution 1975 condemning the gross human rights violations committed by supporters of both ex-President Laurent Gbagbo and President Alassane Ouattara. The resolution cited "the primary responsibility of each State to protect civilians", called for the immediate transfer of power to President Ouattara, the victor in the elections, and reaffirmed that the United Nations Operation in Ivory Coast (UNOCI) could use "all necessary means to protect life and property." On 4 April 2011, in an effort to protect the people of Ivory Coast from further atrocities, UNOCI began a military operation, and President Gbagbo's hold on power ended on 11 April when he was arrested by President Ouattara's forces. In November 2011, President Gbagbo was transferred to the International Criminal Court to face charges of crimes against humanity as an "indirect co-perpetrator" of murder, rape, persecution, and other inhumane acts. On 26 July 2012, the Council adopted resolution 2062 renewing the mandate of UNOCI until 31 July 2013. The mission officially ended on 30 June 2017.

Libya, 2011

President Barack Obama speaking on the military intervention in Libya at the National Defense University

Libya was the first case where the Security Council authorized a military intervention citing the R2P. Following widespread and systematic attacks against the civilian population by the Libyan regime, and language used by Muammar Gaddafi that reminded the international community of the genocide in Rwanda, the Security Council unanimously adopted resolution 1970 on 26 February 2011, making explicit reference to the R2P. Deploring what it called "the gross and systematic violation of human rights" in strife-torn Libya, the Security Council demanded an end to the violence, "recalling the Libyan authorities' responsibility to protect its population", and imposed a series of international sanctions. The Council also decided to refer the situation to the International Criminal Court.

In resolution 1973, adopted on 17 March 2011, the Security Council demanded an immediate ceasefire in Libya, including an end to ongoing attacks against civilians, which it said might constitute "crimes against humanity". The Council authorized member states to take "all necessary measures" to protect civilians under threat of attack in the country, while excluding a foreign occupation force of any form on any part of Libyan territory. A few days later, acting on the resolution, NATO planes started striking at Gaddafi's forces. NATO subsequently came under scrutiny for its behavior during the air strikes; concerns included the fact that the intervention quickly moved to regime-change and that there were allegations regarding aerial bombardments that may have caused civilian casualties.

Central African Republic (CAR), 2013

In December 2012, a loose rebel coalition named the Séléka initiated a military campaign to overthrow the government of the Central African Republic (CAR) and its then-president, Francois Bozizé. The Séléka, composed mostly of factions of armed groups in the northeast of the state, accused Bozizé's government of neglecting their region. They rapidly captured several strategic towns and were poised to take the capital city of Bangui. A hasty intervention by Chad and the Economic Community of Central African States (ECCAS) persuaded the Séléka to negotiate with Bozizé's government. The result, the Libreville Agreement of January 2013, installed a three-year power-sharing arrangement.

However, ECCAS failed to monitor the implementation of the Libreville Agreement and Bozizé did not undertake any of the reforms necessary under the transition agreement. Séléka resurged and took control of Bangui and fifteen of CAR's sixteen provinces on 24 March 2013. Séléka's leader, Michel Djotodia, proclaimed himself President, set up the National Transitional Council (NTC), and suspended CAR's constitution. A hurried ECCAS summit on 4 April 2013, which did not yet recognize Djotodia as President, called for the creation of a Transitional National Council (TNC), which would create a new constitution, conduct elections in eighteen months, and select an interim President. On 13 April, the TNC chose the sole candidate vying for interim president position, Michel Djotodia.

From December 2012 onward, Séléka forces, who are predominantly Muslim, committed grave human rights abuses against civilians throughout the country and especially targeted the majority Christian population. In response, Christian civilians formed "anti-balaka" ("anti-machete") militias, which have conducted vicious reprisals against Muslims. Extrajudicial killings of Muslim and Christian civilians have been carried out, including "door to door" searches by rival militias and mobs seeking potential victims.

The situation in CAR rapidly deteriorated after 5 December 2013, after an attack in Bangui by anti-balaka militias and loyalists of ousted President François Bozizé. The attack against former Séléka rebels sparked widespread violence throughout the capital as well as in Ouham province in the northwest. The violence marked a significant escalation of the conflict in CAR. Anti-balaka forces launched another attack against Muslim neighborhoods of Bangui on 20 December, spurring a cycle of renewed violence that led to at least 71 deaths by 24 December. A mass grave of at least 30 people who were reportedly executed and exhibited signs of torture was discovered on 25 December. The UN Office for the Coordination of Humanitarian Affairs (OCHA) estimates a further 40 civilians were killed on 25 December as violence continued between anti-balaka and ex-Séléka forces. Eight African Union (AU) peacekeepers were also killed between 25 and 26 December.

According to OCHA, by September 2013 there were almost 400,000 internally displaced people and about 65,000 new refugees in neighbouring countries. Humanitarian agencies alerted public opinion to the critical situation, stressing that 2.3 million CAR citizens (half the population) were in need of humanitarian assistance.

CAR and the R2P

The crisis in the CAR was a case for the R2P, due to mass atrocity crimes being committed by both sides. During a Security Council briefing on 25 November, UN Deputy-Secretary-General Jan Eliasson said that the world faced "a profoundly important test of international solidarity and of our responsibility to protect" in CAR. The Security Council passed Resolution 2127 on 5 December, emphasizing that the NTC has the primary responsibility to protect the civilian population in CAR. The resolution granted a Chapter VII mandate to AU and French forces to protect civilians and restore security, imposed an arms embargo, and established a UN Commission of Inquiry.

In the beginning, the international response to the coup was purely diplomatic: members of the International Contact Group insisted that Michel Djotodia respect the principles set out in the Libreville agreement. The African Union was the first to react when it announced a new African-led International Support Mission for CAR (MISCA) in July 2013. However, MISCA was ineffective in reversing the deteriorating security situation. Although its mandate was well-defined, there was general agreement that it lacked the resources to fulfill its mission. The UN General Assembly put CAR on the international agenda in September. Resolution 2121, adopted on 10 October 2013 and sponsored by France, strengthened and broadened the mandate of the UN Integrated Peacebuilding Office in the Central African Republic (BINUCA). Aware that MISCA alone would be unable to adequately tackle the growing insecurity, France changed its initial position from disengagement to military contribution, as announced by François Hollande on 20 November 2013, who said that French forces would be reinforced by almost 1,000 troops for a six-month period. France began to deploy troops in CAR after receiving authorization from the Security Council on 5 December 2013 with Resolution 2127, which authorizes MISCA and French forces to take "all necessary measures" to protect civilians and restore security in CAR. French soldiers immediately began to patrol in Bangui.

On 7 February 2014, it was reported that the International Criminal Court's chief prosecutor Fatou Bensouda said that she had "opened a preliminary investigation into possible war crimes in the Central African Republic".

Syria

Since 2011, Syria has been fighting in a civil war. The war in Syria has directly killed 500,000 people, generated 5 million refugees, and internally displaced 7 million people. To help stop these atrocities the International Syria Support Group (ISSG), the UN, European Union, the League of Arab States, and other countries had agreed to meet to discuss the situation at stake. The conclusion was made that the full implementation of UN Security Council Resolution 2254, which increased the delivery of humanitarian aid, as well as a nationwide cessation of hostilities, was required in order to help those in need. The Commission on Inquiry, mandated by the Human Rights Council, has found the Syrian government while working with allied militias, has committed large-scale massacres, perpetrated war crimes and gross violations of international humanitarian law as a matter of state policy. The Commission of Inquiry's third report had stated that the government had committed crimes against humanity through extermination, murder, rape and other forms of sexual violence, torture, imprisonment, enforced disappearance, and other inhuman acts. Due to this statement, the UN Human Rights Council has adopted at least 16 different resolutions with regard to the atrocities taking place in Syria. Despite all efforts and resolutions adopted to help uphold R2P, humanitarian aid has had limited success in reaching the affected populations.

Burundi

The country of Burundi is at grave risk for a possible civil war, if violence is not stopped. The civilians of Burundi face the serious and eminent risk of mass atrocities due to the ongoing political violence that threatens the stability of Burundi. The citizens of Burundi are being harmed through mass atrocity crimes due to targeted killings, widespread violations and abuses of human rights. Violence had increased after President Pierre Nkurunziza had announced he was seeking a third term in the country’s elections, and instructing his citizens to disarm or face action by Burundian Security forces and be labeled enemies of the nation. The Office of the High Commissioner for Human Rights reports cases of sexual violence by security forces, hate speech, and incitement to violence by some government officials. Responses by the international community include a Security Council-mandated police force with the goal of monitoring the situation. This police force has been rejected by Burundi.

Yemen crisis

With the current armed conflict in Yemen, many civilians are facing mass atrocity crimes. These crimes are a result of the violence between pro-government forces and regional military as they fight against the Houthi rebels. The Houthi rebels and pro-Saleh personnel currently control a majority of Yemen, including the country's capital, Sana’a. In addition to the violence between these groups the nation has also been barraged by Saudi-led airstrikes for years. Between 26 March 2015 and 8 November 2018, the conflict has resulted in over 6,872 civilian deaths, the majority of these from Saudi-led airstrikes. The violence has also led to 2.4 million Yemeni civilians being forcibly displaced leaving 82 percent of the population, equivalent to 21.2 million people, in need of humanitarian assistance. The ongoing violence in Yemen has allowed third-party armed groups, such as Al-Qaeda, to take advantage of the instability in the nation.

Russian invasion of Ukraine, 2022

Russia’s February 24, 2022 invasion of Ukraine has already had an extreme impact on bordering countries. Hundreds of thousands of refugees have been flooding Romania, Poland, and other countries in search of safety. While Ukraine is not a part of NATO, and thus not entitled to the security protections offered by the thirty-two member nations, NATO Member States have considered the risk to sovereignty that Russia’s invasion of Ukraine poses. NATO allies are prepared to defend NATO territory if Russia were to attempt to expand its incursion onto the territory of NATO Member States.

Israeli siege on Gaza, 2023

Jeremy Moses writes that the lack of mention of R2P in the debates about how to respond to the Israeli invasion of the Gaza Strip in 2023 "reveals the fundamental weaknesses of the doctrine", given that information about the crimes committed by the Israeli military in Gaza are widely known internationally. Ernesto Verdeja writes that the lack of international response to atrocities in Gaza either solidified the marginalization of R2P or at least revealed that it is irrelevant.

Praise

Anne-Marie Slaughter from Princeton University has called R2P "the most important shift in our conception of sovereignty since the Treaty of Westphalia in 1648."

Louise Arbour from the International Crisis Group said that "The responsibility to protect is the most important and imaginative doctrine to emerge on the international scene for decades."

Francis Deng, former UN Special Advisor on the Prevention of Genocide, stated that "R2P is one of the most powerful and promising innovations on the international scene."

Political scientist Alex Bellamy argues (i) that there is evidence of behavioral change in the way international society responds to mass killing and (ii) that R2P considerations have influenced behavior. On the first point, Bellamy argues that criticism of R2P as insufficient change is driven by a small subset of cases (Darfur, Libya and Syria) that are not indicative of strong trends. On the second point, Bellamy finds that R2P language is used in UNSC deliberations and in the rhetoric of world leaders.

International relations professor Amitai Etzioni notes R2P challenges the Westphalian norm that state sovereignty is “absolute.” R2P establishes “conditional” state sovereignty contingent upon fulfilling certain domestic and international obligations. Etzioni considers the R2P norm of conditional sovereignty a communitarian approach as it recognizes states have the right to self-determination and self-governance, but they also have a responsibility to the international community to protect the environment, promote peace, and not harm their state’s inhabitants.

Criticism

R2P and certain implementations of it have come under criticism by some states and individuals.

National sovereignty

One of the main concerns surrounding R2P is that it infringes upon national sovereignty. This concern is rebutted by the Secretary General Ban Ki-moon in the report Implementing the Responsibility to Protect. According to the first pillar of R2P, the state has the responsibility to protect its populations from mass atrocities and ethnic cleansing, and according to the second pillar the international community has the responsibility to help states fulfill their responsibility. Advocates of R2P claim that the only occasions where the international community will intervene in a state without its consent is when the state is either allowing mass atrocities to occur, or is committing them, in which case the state is no longer upholding its responsibilities as a sovereign. In this sense, R2P can be understood as reinforcing sovereignty. In 2004, the High-level Panel on Threats, Challenges and Change, set up by Secretary-General Kofi Annan, endorsed the emerging norm of R2P, stating that there is a collective international responsibility "...exercisable by the Security Council authorizing military intervention as a last resort, in the event of genocide and other large-scale killing, ethnic cleansing, and serious violations of humanitarian law which sovereign governments have proved powerless or unwilling to prevent."

Libya, 2011

On 19 March 2011, the Security Council approved Resolution 1973, which reiterated the responsibility of the Libyan authorities to protect the Libyan population. The UNSC resolution reaffirmed "that parties to armed conflicts bear the primary responsibility to take all feasible steps to ensure the protection of civilians." It demanded "an immediate ceasefire in Libya, including an end to the current attacks against civilians, which it said might constitute 'crimes against humanity'.... It imposed a ban on all flights in the country's airspace, a no-fly zone, and tightened sanctions on the Gaddafi government and its supporters." The resolution passed, with 10 in favor, 0 against, and 5 abstentions. Two of the five abstentions were China and Russia, both of which are permanent members of the Security Council.

India's UN Ambassador Hardeep Singh Puri stated that "the Libyan case has already given R2P a bad name" and that "the only aspect of the resolution of interest to them (international community) was use of all necessary means to bomb the hell out of Libya". Puri also alleged that civilians had been supplied with arms and that the no-fly zone had been implemented only selectively.

Critics, such as Russia and China, said that the intervening forces led by NATO in Libya had over-stepped their mandate by taking actions that ultimately led to the overthrow of Gaddafi. While the Security Council authorised an R2P-based intervention to protect against government reprisals in rebel-held Benghazi, the UN resolution was used to provide air support for the rebellion against Gaddafi, without which he would not have been overthrown. Critics said the actions of the West in Libya created global skepticism about proposals put to the UN by the West to intervene in Syria the same year, putting the future of R2P in question.

Syria, 2011: Russian and Chinese repudiation of abuse of R2P

Several attempts were made by the U.S. government in the course of 2011 to 2013 to pass Security Council resolutions invoking R2P to justify military intervention in the Syrian Civil War. These were vetoed by Russia and China. The Russian and Chinese governments both issued statements to the effect that, in their opinion, R2P had been abused by the U.S. as a pretext for "regime change", more particularly in the case of Libya, and that as far as they were concerned they would be extremely suspicious of any future Security Council resolutions invoking R2P, based on past experience. According to the UN's own 4 October 2011 coverage of the meeting of the Security Council:

[Russia's UN Ambassador Vitaly Churkin] was alarmed that compliance with Security Council resolutions in Libya had been considered a model for future actions by the North Atlantic Treaty Organization (NATO). It was important to see how that model had been implemented. The demand for a ceasefire had turned into a civil war, the humanitarian, social and military consequences of which had spilled beyond Libya. The arms embargo had turned into a naval blockade on west Libya. Such models should be excluded from global practice.

[…] [China's UN Ambassador Li Baodong] hoped that the [Syrian] Government would follow through on reform and a process of dialogue. The Council should encourage those objectives while respecting Syria's sovereignty's [sic] and territorial integrity. Any action it took should contribute to peace and stability and comply with the United Nations Charter principles of non-interference in internal affairs.

Military intervention

The question of military intervention under the third pillar of R2P remains controversial. Several states have argued that R2P should not allow the international community to intervene militarily on states, because to do so is an infringement upon sovereignty. Others argue that this is a necessary facet of R2P, and is necessary as a last resort to stop mass atrocities. A related argument surrounds the question as to whether more specific criteria should be developed to determine when the Security Council should authorize military intervention.

Structural problems

Political scientist Roland Paris, a proponent of R2P, argues that several problems regarding usefulness and legitimacy inherent to R2P make it vulnerable to criticism: "the more R2P is employed as a basis for military action, the more likely it is to be discredited, but paradoxically, the same will hold true if R2P's coercive tools go unused." Paris lists the following problems as inherent to R2P, making it difficult for proponents of R2P to defend R2P and emboldening critics:

  • The mixed-motives problem – The legitimacy of R2P rests upon its altruistic aim. However, states will often be wary to engage in humanitarian intervention unless the intervention is partly rooted in self-interest. The appearance that the intervention is not strictly altruistic consequently leads some to question its legitimacy.
  • The counterfactual problem – When R2P is successful, there will not be any clear-cut evidence of its success: a mass atrocity that did not occur but would have occurred without intervention. Defenders of R2P consequently have to rely on counterfactual arguments.
  • The conspicuous harm problem – While the benefits of the intervention will not be clearly visible, the destructiveness and costs of the intervention will be visible. This makes it more difficult for proponents of the intervention to defend the intervention. The destruction caused by the intervention also makes some question the legitimacy of the intervention due to the stated purpose of preventing harm.
  • The end-state problem – Humanitarian intervention is prone to expand the mission beyond simply averting mass atrocities. When successful at averting mass atrocities, the intervenors will often be forced to take upon themselves more expansive mandates to ensure that threatened populations will be safe after the intervenors leave.
  • The inconsistency problem – Due to the aforementioned problems, in addition to the belief that a particular military action is likely to cause more harm than good, states may fail to act in situations where mass atrocities loom. The failure to intervene in any and all situations where there is a risk of mass atrocities lead to charges of inconsistency.

Cisheteronormative blindfold

Jess Gifkins and Dean Cooper-Cunningham build on long-standing research in genocide studies and on atrocity prevention which demonstrates how identity-based violence often lays the groundwork for mass atrocity and conflict escalation. Targeting individuals based on their (presumed) identities exacerbates the potential for committing atrocity crimes, a pattern that has persisted throughout history and across various locations, from atrocities committed by the Nazis to those in Sudan and Yugoslavia. Despite this, Gifkins and Cooper-Cunningham argue, the R2P framework and its application has had a longstanding blind spot regarding the persecution of people with non-heteronormative sexuality and/or who are not cisgender. This is the consequence of what they call a 'cisheteronormative blindfold': ignorance of how society privileges cisgender and heterosexual identities as the norm and fails to recognize the needs of individuals outside the cisheteronormal. The failure to acknowledge the heightened vulnerability of queer and transgender individuals has resulted in substantial tangible repercussions for those subjected to discrimination due to their perceived non-conforming sexual orientation or gender identity.

Who's on First?

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Who's...