In the lead up to the World Summit, then Secretary-General of the United Nations, Kofi Annan, noted that “roughly half of the countries that emerge from war lapse back into violence within five years.” RtoP was first put forward in the report of the International Commission on Intervention and State Sovereignty, with advocates embracing it as a full spectrum of responsibilities from prevention, to reaction and rebuilding. When governments unanimously endorsed RtoP in the 2005 World Summit Outcome Document, the “responsibility to rebuild” was not included (presumably because rebuilding was to be the focus of the newly created Peacebuilding Commission), but rebuilding obviously plays a large part in preventing a return to conflict and the commission of atrocity crimes. This leaves us asking – What is the responsibility of actors in post-atrocity situations? With a number of states – Libya, Côte d’Ivoire, Sri Lanka, and Kenya – emerging from bloodshed in recent years, it is important to understand how actors can effectively contribute to the rebuilding process.
What does post-crisis reconstruction after mass atrocities entail?
Mass atrocities – genocide, war crimes, crimes against humanity and ethnic cleansing – are the most extreme forms of violence and often literally destroy a country by leaving it with collapsing infrastructure and destabilized political, judicial and legal systems. These institutions often need to be rebuilt from scratch and on top of this, the social fabric – how members of a society interact with each other – breaks down, and mistrust and suspicion predominate between the fractured communities. As can be expected then, rebuilding is a complicated and multi-faceted process, and includes a range of measures that can be taken by actors at all levels to assist in reconstruction. Such measures may include fostering political inclusiveness and promoting national unity, reforming legislation, ratifying relevant treaties, promoting human rights, monitoring elections, improving judicial processes, reintegrating ex-combatants and others into productive society, curtailing the availability of small arms, providing psychological support and reparations to victims, and establishing truth and reconciliation commissions. It is critical that these efforts not only serve to bring security to a country or region, but also address the causes of the conflict and mistrust between communities. Without this complete approach, it is likely that continued suspicion could fester, risking a return to the deadly cycle of violence. What this demonstrates is that no single measure in the rebuilding process stands alone, but rather that all action must be linked to ensure a holistic approach that achieves long-term stability.
Responsibility to Rebuild in Practice
But what does rebuilding look like in practice? As the cases of Libya, Côte d’Ivoire and Sri Lanka show, post-conflict countries are fragile and the tasks before them complex, as each state faces unique challenges based on its past, the causes of the conflict, and the level of destruction experienced.
Libya: Weapons continue to destabilize a nation and the region
The international community upheld its responsibility to protect populations in Libya by taking swift and coordinated efforts to halt the bloodshed and imminent threat to the people of Benghazi at the hands of the Gaddafi government, which had resorted to force against what began as a peaceful popular uprising. However, rebuilding remains an ongoing challenge as the countless weapons, which flooded the nation during the crisis following the arming of the opposition by outside states, continues to destabilize security in Libya and surrounding countries. While measures were taken to secure anti-aircraft missiles, nearly every adult male carries a weapon, and countless more arms that went missing have turned up in the hands of rebel forces in Mali. This is not to say the government and international community have done nothing since the crisis – both have remained engaged in the justice process by attempting to eliminate impunity through the national judiciary and the International Criminal Court, and have provided economic support, with the European Union giving an economic package to combat post-crisis challenges and the United States unfreezing assets worth US $32 billion. Yet as Ramesh Thakur argues, the challenges we see today demonstrate that more needs to be done to prevent revenge killings, reprisal attacks and the return to mass violence by establishing security and law and order and disarming the country.
Côte d’Ivoire: The struggle for justice and reconciliation
Meanwhile, Côte d’Ivoire continues to struggle to rebuild by holding perpetrators accountable following the disputed 2010 presidential election between former President Laurent Gbagbo and recognized election winner Alassane Ouattara that left hundreds dead, thousands displaced and descended the country into war. Since the crisis, claims of one-sided justice have emerged – further perpetuating divisions between communities and causing an increase in attacks. Pro-Ouattara forces were quick to seek justice by arresting Gbagbo on 11 April 2011. They re-established key institutions such as courthouses and prisons, and assured that all responsible for atrocities would be held accountable. Yet, as Human Rights Watch (HRW) points out, tensions remain as the special unit established to investigate crimes has charged more than 150 people, but all only from Gbagbo’s supporters. If continued, this would ignore the risks associated with giving one side of the conflict a free pass for committing atrocities, which could have devastating outcomes for the people and the country. As HRW states, “the impunity of today leads to the crimes tomorrow”.
Sri Lanka: “Exclusive development” renews tensions
Following the 30-year civil war that arose out of ethnic tensions between the majority Sinhalese and the Tamil minority and ultimately destroyed the country’s infrastructure, halted development, and resulted in the commission of RtoP crimes – including 40,000 killed in the last months of the conflict – the Sri Lankan government began to rebuild. The government has driven development by addressing housing needs and providing safe drinking water and electricity. With the building of highways and airports, the government has begun to extend transportation and develop the tourism industry. These efforts, however, have not been without their challenges. Firstly is the fact that some areas of the country remain devastated and uncultivated, leading, as International Crisis Group (ICG) points out, to renewed tensions between communities as some Tamils believe the development process has been selective and the government has undertaken efforts to impose Sinhala culture on Tamil communities across the country. Then there’s the issue of accountability, with HRW noting that the government has resisted taking meaningful steps to investigate and prosecute government forces for alleged war crimes and failed to implement most of the accountability-related recommendations of its own Lessons Learnt and Reconciliation Commission. ICG recommends that the international community increase pressure on the government to make it more accountable and to expand the democratic political role for the Tamil minority. The failure to address these social aspects of rebuilding may risk reviving Sri Lanka’s violent past.
Preventing atrocities in the long-term
Just as every crisis is unique, so is every path for reconstruction. While the process of rebuilding a society following atrocity crimes remains an imprecise science, what these cases demonstrate is that there needs to be a holistic approach where security, justice and reconciliation and sustainable development are able to be achieved. The responsibility of all actors is not just to act to prevent or respond to imminent threats but assist in rebuilding efforts to ensure that populations are not threatened by the reoccurrence of atrocities. As the UN Secretary-General reminds in his 2009 report on RtoP, “The surest predictor of genocide is past genocide,” so we need to be sure that the world’s attention goes well beyond stopping the most immediate threats, and includes long-term commitments to preventing atrocities.