Norms – Contemporary Security Policy

Chemical weapons justice for Syria

There appears to be agreement at the international level that those who employ chemical weapons should be punished. But in the Syrian case it has been clear that this does not equate to a guarantee of swift prosecution. In a new journal article, Brett Edwards and Mattia Cacciatori examine the emergence and politicization of the chemical weapon justice agenda.

The chemical weapon norm has been repeatedly violated by parties in the Syrian civil war. The gross violation of such an internationally-sacrosanct norm would appear to provide clear impetus for collective action; including criminal justice. After all, chemical weapon issues have received heightened attention as compared to other war-crimes. Chemical weapon atrocities are also subject to a comparatively well-developed set of international instruments.

Yet, the diplomatic discourse on this matter has been particularistic and impotent. Most recently, a specially developed attribution mechanism (the Joint Investigative Mechanism) became the victim of disagreements, which had dogged the initiative since its inception. This leaves us currently, in a situation which borders on farce: all sides agree that chemical weapon attacks have continued to take place; all sides agree punishment is important; and all sides are apparently eager to take action on this issue. Yet collective action between all major powers against impunity, even on this narrow issue, seems a bridge too far.

It is clear, that the apparent deadlock on the issue of chemical weapon justice, centres at one level on a situation in which veto powers in the UN Security Council have committed to differing accounts of who is behind chemical weapon use in Syria. Whether this reflects a genuinely-held consensus on the issue within intelligence communities and in the higher echelons of government is beyond the scope of our analysis.

It is also clear that selective outrage has been the norm, in the context of a broader bloody and vicious civil war. In our paper we argue there is a need to take into account more than cynical patronage alone to understand the politics surrounding this issue. Analysis needs to go beyond narrowly construed strategic conceptions of the drivers of public diplomacy.

That is to say, while it is clear that quests for justice have undoubtedly been made sub-servient to other state interests during the conflict, as well as broader struggles to define the international order, justice as a value and a concept still matters in diplomacy; and has helped define the scope of the politically desirable and possible in this area. This is in the sense that justice has informed decision making in both national and international forums. In laying out our argument, we point to areas of agreement, disagreement as well as practical initiatives particularly in areas such as war-crime documentation, multilateral attribution processes and prosecution.

Our study is presented as a historical case-study as part of an attempt to point to key contingencies, moments, path-dependencies and re-current patterns of behaviour. Our central argument is that there have been substantive disagreements between states on the issue of justice, which reflect broader positions on transitional justice. However, justice initiatives are tightly intertwined with other drives and interests of states.

This has contributed to a situation in which where has been a partial stalling of the justice agenda in relation to chemical weapons. However progress toward ensuring some form of accountability on the issue was made through a number of distinct formal international mechanisms and through civil-society evidence collection, curation and archive systems during the period studied.

Our findings helps contextualise events in Spring 2017, which led to U.S. airstrikes against the Syrian regime. They help us understand the structures of the disagreements within the UNSC and OPCW in particular, which have served to motivate, but also curtail initiatives to ensure accountability for those who employ chemical weapons. Including the work of the Joint Investigative Mechanism (which was terminated in the context of a split UNSC at the end of 2017), work under the auspices of the UN Independent International Commission of Inquiry on the Syrian Arab Republic, the OPCW Fact Finding Mission; the International, Impartial and Independent Mechanism on International Crimes Committed in the Syrian Arab Republic as well as the recently established International Partnership Against Impunity for the Use of Chemical Weapons.

Brett Edwards is a lecturer in security and public policy at the University of Bath. Mattia Cacciatori is a lecturer in conflict and security at the University of Bath. They are authors of “The politics of international chemical weapon justice: The case of Syria, 2011–2017”, Contemporary Security Policy, forthcoming. It is available here.

How contestation can strengthen the nuclear nonproliferation regime

How robust is the Non-Proliferation Treaty which has recently come under severe attack? In a new article, Carmen Wunderlich and Harald Müller examine contestation within the nuclear nonproliferation regime. They argue that debate over international norms does not necessarily result in erosion, but may also strengthen international norms.

122 countries voted, last July, for the legal prohibition of nuclear weapons. Yet, the five official nuclear weapon states and their allies strongly oppose a nuclear ban. They argue that it might undermine the Nuclear Non-Proliferation Treaty (NPT). The NPT is, after all, the cornerstone of the global nuclear non-proliferation regime.

With near universal membership, the NPT can be considered a success of global security governance. However, like all systems of norms, the regime has not been free from contestation; challenges to its normative structure have been a common feature. Yet, so far it has proven robust. Why this relative stability, and what about the future?

Multilateral treaty regimes like the NPT present complex compromises among actors with multiple interests and worldviews. Therefore, the regimes incorporate structural fault lines deriving from the main differences of interests and ideas manifest already during the negotiations. These fault lines spark continued processes of contestation which keep normative dynamics within the regime alive.

Norms are never carved in stone but subject to interpretation and change of meaning – triggered by intrinsic (non-compliance or internal disputes) as well as extrinsic events (technological developments or shocks like 9/11). Such disputes about normative meaning are the engine driving norm dynamics. They are instantiated by actors committed to preserve the status quo, to reform, or to revolutionize the regime.

Whether contestation leads to normative progress, or blockage or even decay ultimately depends on three factors: commitment by the powerful parties to appreciate the concerns of the many, the work of bridge-builders for compromises, and the construction of reciprocal gains from compliance by all.

Many disputes within the NPT relate to its inherent inequality: it distinguishes between nuclear weapon states (NWS) and non-nuclear weapon states (NNWS) which bear different rights and duties. These differences create opposite perspectives on the NPT, the way it operates, and how to improve its functioning. From these perspectives, different ways to understand the regime norms, their relative weight and their interrelations result, all structured by conflicting justice claims.

NWS justify their privileged status by their responsibilities for world order as permanent members of the UN Security Council: a status-related concept of justice. NNWS demand the elimination of the power difference which different NPT status implies: an equality-based concept of justice. In addition, developing countries claim preferred access to civilian nuclear energy as compensation for the past wrongs of colonial exploitation: compensatory and need-related concepts of justice.

What is called the NPT’s three interrelated “pillars” – nonproliferation, peaceful uses, and disarmament – installed as result of a “bargain” between the different groups of states, constitutes the regime’s fault lines, from which key patterns of contestation derive: the disarmament and the peaceful uses/nonproliferation disputes. Additionally, contestation results from disagreement on the relative weight of the “pillars” (are disarmament and peaceful uses as weighty as non-proliferation or even weightier?), the difference between states parties and non-NPT members, and procedural disputes. In all issue areas, contestation is related to the NPT’s inherent inequality.

Contestation consequences vary: disputes have repeatedly led to incremental norm improvement by specifying prescriptions and proscriptions, sharpening the nonproliferation tools, and widening the NPT agenda. If accompanied by a spirit of understanding and compromise, positive norm dynamics emerge.

But when norm contestation engenders an antagonistic feedback cycle that drives parties further apart, the regime community is shattered; blatant non-compliance might then meet insufficient response, parties turn to unilateralism and seek progress outside the procedures of the NPT. This may lead to norm erosion or even regime collapse. Such processes might arise when deeply emotionalized justice claims guide either side and make compromising difficult.

The origins of the Humanitarian Initiative and the failure of the 2015 RevCon on the Middle East suggest that this is most likely when parties get frustrated by a series of broken promises: The CTBT is still not in force, the FMCT is not even being negotiated, and there is no progress on the Middle East. Disregard by the powerful for the majority’s complaints betrays a lack of respect and recognition that drives negative emotions.

When such antagonistic contestation coalitions face each other over time, preventing all adaptation of the norm system to changing circumstances, the regime will look increasingly ineffective. Members may lose interest in membership. This stalemate motivates norm entrepreneurs (mostly of the “good citizen” type) willing to build bridges and to shape cross-cutting coalitions beyond the boundaries of the established groups, to explore and shape compromises. Their activities enhance the chances for consensus-building considerably.

Eventually, the NPT inequality problem can only be solved through a credible disarmament process, reciprocated by improved nonproliferation measures. Without satisfactory offers of civilian assistance and cooperation to the Global South by the North, regime efficiency will remain limited. The prospect of win-win results mitigates regime inequality and induces cooperation.

What does that tell us for the future of the NPT given the newly established nuclear ban treaty? For one, the ban treaty should not be regarded as competing with but rather as complementary to the NPT. Sure, a stronger wording would have been desirable. Yet, the humanitarian initiative is a direct result of ongoing contestation processes within the NPT, which resulted in frustration and anger of many NNWS with the slow pace of disarmament within the NPT.

By moving the issue beyond the NPT, the protagonists of the humanitarian initiative and the promoters of the ban treaty took a last resort, regained recognition for their demands and exerted considerable normative pressure on the NWS (and their allies). Furthermore, many ban advocates have been actors with a long-standing commitment for the NPT. That they went beyond the NPT does not mean they want to destroy it. It could rather be assumed that they keep their long-standing commitment for the NPT.

Carmen Wunderlich is a postdoctoral researcher at the Peace Research Institute Frankfurt (PRIF). Harald Müller was Executive Director of the Peace Research Institute Frankfurt (ret.) and is Prof. emeritus for International Relations and Peace Studies at Goethe University Frankfurt. They are authors of “Not lost in contestation: How norm entrepreneurs frame norm development in the nuclear nonproliferation regime”, Contemporary Security Policy, forthcoming. It is available here.

How Human Rights Watch Tried to Suppress a Targeted Killing Norm

The United States has been persistently trying to build support for its case that its targeted killings should be considered legal. Human Rights Watch has been actively trying to resist this effort, with varying degrees of success. This clash offers us deeper insights into how the global rules of the game are determined.

Human Rights Watch (HRW) recently stated, “It’s long past time for the US to assess the legality of its targeted killings, as well as the broader impact of these strikes on civilians.” HRW has doggedly resisted U.S. efforts to normalize what has long been taboo: the killing of specific individuals outside conventionally understood battlefields.

International relations scholarship tells us a lot about how human rights groups try to introduce new ideas to improve the human experience and how states attempt to thwart these efforts. But it tells us less about the inverse: Namely, how human rights groups aim to impede state-led campaigns to expand their ability to act in the global arena.

My recent article explores the ways in which HRW, a prominent member of the anti-targeted killing network, strove to do just that. My article demonstrates how HRW initially tried to entirely suppress the emergence of a targeted killing norm by demanding the United States halt its denials and admit to the practice. HRW also named and shamed the United States and its allies for violating human rights and sovereignty norms.

Then came bin Laden’s death, which was a watershed moment in changing global opinion about this practice, from one which largely opposed it to a tepid, and perhaps temporary, tolerance of it. This change in global opinion contributed to a change in how HRW resisted targeted killings. It switched strategies by focusing on suppressing the emergence of an unbridled norm, one that might clash with deeply entrenched protections afforded to state sovereignty and human rights.

For instance, it sought to limit the number of US actors engaged in targeted killing by pushing for the end of CIA participation in the program. It also pressured the United States to be more transparent about civilian deaths in a bid to restrict the practice and hold it accountable for “collateral damage.”

By showcasing this contestation between norm champions and norm suppressors, the article also further refines Finnemore and Sikkink’s exemplary norm life cycle model, highlighting the dynamism in global normative debates. Normative content is not static, remaining unchanged once its advocates take it up. It is subject to modification as a result of the battles waged over its prescriptions and parameters throughout the norm life cycle. These conflicts have the potential to both strength and weaken norms.

In my article, I also emphasize that normative death and regress is a possibility at any stage in this model. Normative ideas can fail to emerge. Even well-established norms are vulnerable to attacks which may eventually lead to their demise. Furthermore, there is nothing inevitable about the normative journey. Just as entrepreneurs can help their ideas advance through the norm life cycle, norm suppressors can stall their progress and move them backwards.

Additionally, I illustrate how similar state and non-state actors act, both as advocates for new ideas and resistors to those ideas. Among other things, both sets of actors effectively deploy frames to attract supporters and weaken their opponents. They also comparably form alliances to further their objectives. Furthermore, I argue that norms scholars should study “bad” norms, norms that widely differ from their rights-protecting counterparts that dominate the scholarly landscape. Doing so is not only more faithful to a neutral understanding of norms (shared understandings of appropriate behavior in a given situation), but will also help us understand a wider range of political phenomena like the current global rise of right wing populism, regulatory moves to control cyberspace, or the growing push to limit or abolish gay rights.

Studying norm suppression not only fills noteworthy gaps in the scholarly corpus, but also helps us better unravel intriguing puzzles like why some norms fail to emerge and others find more success. These insights allow us to better understand how norms operate in the global arena, significantly contributing to theoretical and policy-making debates.

Betcy Jose is an Assistant Professor in the Political Science Department at the University of Colorado Denver. She works on issues related to global norms, international humanitarian law, and civilian self-protection. She has published in Critical Studies on Terrorism, International Studies Review, Oxford Research Encyclopedia of Politics, Foreign Affairs, World Politics Review, and Duck of Minerva. She is currently working on a book manuscript exploring contestation in armed conflict norms to be published in 2018. Her Twitter handle is @betcyj.