Practice theory provides important insights into the workings of the Security Council. The contribution is currently limited, however, by the conjecture that practice theory operates on ‘a different analytical plane’ to norm/normative theory. Building on existing critiques, we argue that analysing practices separately from normative positions risks misappropriating competence and reifying practice that is not fit for purpose. This risk is realized in Adler-Nissen and Pouliot’s practice-based account of the Libya crisis. By returning the normative context created by the Responsibility to Protect to the analytical foreground, and by drawing on a pragmatic conception of ‘ethical competence’, we find that pre-reflexive practices uncritically accepted as markers of competence — for example, ‘penholding’ — can contribute to the Council’s failure to act collectively in the face of mass atrocity. Drawing on extensive interview material, we offer an alternative account of the Libya intervention, finding that the practices of the permanent three (France, the UK and the US) did not cultivate the kind of collective consciousness that is required to implement the Responsibility to Protect. This is further illustrated by an account of the Security Council’s failure in Syria, where the permanent three’s insistence on regime change instrumentalized the Council at the expense of Responsibility to Protect-appropriate practice. This changed when elected members became ‘penholders’. Practice theory can facilitate learning processes that help the Council meet its responsibilities, but only through an approach that combines its insights with those of norm/normative theory.
There is a perceived legitimacy deficit in contemporary international society. A symptom of this is the political contestation surrounding the 2011 Libyan crisis and its influence on the 2011–13 Syrian crisis. This involved criticism being levelled at the coalition led by the so-called Permanent-3 for the way they implemented the protection of civilians mandate, as well as for the referral of the Libyan situation to the International Criminal Court. How the P3 respond to these developments will be driven in part by how this ‘legitimacy fault line’ is interpreted. The purpose of this article is to first give an interpretation that is informed by the work of contemporary English School scholars and the political theorists they draw on; and second to provide the context in which specific policy recommendations may guide the response of the P3 states. We argue that because the new legitimacy fault line divides on the procedural question ofwho decides howinternational society should meet its responsibilities rather than substantive disagreements aboutwhatthose responsibilities are (that is, human protection and justice) the challenge to the liberal agenda of the P3 is not radical. However, we also argue that ignoring the procedural concerns of the African and BRICS states is not outcome neutral and could in fact do harm to both the ICC and the wider implementation of R2P. We consider two proposals for procedural reform and examine how the P3 response would impact on their claim to be good international citizens.
This article draws on the publicly available oral and documentary evidence produced by the Iraq Inquiry to interrogate the policy impact of the ‘doctrine of international community’, which Tony Blair first articulated during the 1999 Kosovo campaign. Guided by that doctrine, the UK's objective was to reconcile US policy and the UN Security Council. There were two ways to do this: to convince the Bush administration that disarming Iraq was enough and that regime change was a step too far; or to convince the Security Council that disarmament was insufficient and that regime change was necessary. Unfortunately both these strategies failed to deliver the UK objective. To go to war under these circumstances revealed a flaw in the original doctrine, which was to assume that individual states could speak for international society even when they were opposed by a majority of states on the UN Security Council.
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