This report begins the discussion of deciding to intervene by establishing the starting point as the principle of non-intervention, comparing this principle to the Hippocratic principle - first do no harm (para 4.11, pg 31). States should respect other states' sovereignty as a starting point and should only violate their sovereignty when culprit states "shock the conscience of mankind" (more Americans should read and think hard about this principle - and not just within the context of Syria).
The report then goes on to establish six criteria for military intervention:
- right authority
- just cause
- right intention
- last resort
- proportional means
- reasonable prospects
The first two are discussed at length within the report. But these are the go/no go criteria to determine if we should intervene. I think it would be difficult to for anyone supporting intervention in Syria to legitimately claim that criteria 1 and 6 have been met as of yet with some other criteria certainly disputable. Obtaining the right authority will be difficult and pro-interventionists have generally glossed over the Syrian military's ability to act against international intervention (admittedly, anti-interventionists have been particularly pessimistic on this criteria). While the report's discussion of these criteria is interesting, it is not exactly earth-shattering stuff.
Except for the section on right intention (para 4.33, pg 33):
The primary purpose of the intervention must be to halt or avert human suffering. Any use of military force that aims from the outset, for example, for the alteration of borders or the advancement of a particular combatant group's claim to self-determination, cannot be justified. Overthrow of regimes is not, as such, a legitimate objective, although disabling that regime's capacity to harm its own people may be essential to discharging the mandate of protection - and what is necessary to achieve that disabling will vary from case to case.
Overthrow of regimes is not, as such, a legitimate objective. While this aligns with R2P's primary purpose to halt or avert human suffering, this presents a massive hurdle to the reasonable prospects criteria. The "although" clause seems to suggest that rendering the regime ineffective may be legitimate in some cases, but regime change is not a legitimate objective. In a case like Syria where the regime abjures its responsibilities by committing acts violence against its own citizens, the problem is with the regime itself. How is military intervention supposed to succeed if the objective of that military action cannot remove the source of the human suffering? I see three potential consequences of this statement if the regime does not step aside on its own accord:
- The intervening force overthrows the regime out of operational and/or strategic necessity. However, such a precedence calls into question the legitimacy of R2P as violating its own principles.
- The intervening force does not overthrow the regime, remaining compliant with R2P's principles, but renders the regime ineffective by destroying its ability to use force - which in cases like Syria effectively destroys the regime's ability to govern. The potential for greater instability is quite significant through a lack of governance or a more evenly-matched civil war.
- The intervening force only limits the regime's ability to project force into safe zones in order to prevent instability - through defensive or offensive methods. However, the regime maintains the ability to use force, which could be projected in the absence of a foreign military presence. If you like decades-long military operations with little hope of resolution, you pick this option (see: Kosovo, Sinai). Is this a reasonable prospect?
Dr. Slaughter and others smart on R2P have been pushing for military action somewhere between consequences 2 and 3. If the removing the regime is not in play, success is logically unlikely if the regime is the primary cause of the human suffering in the first place. This may be where R2P has its greatest doctrinal weakness as it attempts to align multiple principles that are often at odds with each other.
The other problem with these criteria are their lack of application to the internal strategic formulations of potential participating nations. As Dan Trombly deftly observes, every military action should be placed within and debated in terms of ends, ways, and means. Colin Gray makes the same point with regard to counterinsurgency, but his comments apply to R2P as well - it cannot be a theory unto itself. What are the United States' interests in intervening, especially if it is likely to result in an extended military campaign? The report discusses this in chapters 4 and 8 with regard to domestic political will, concluding that good international citizenship should be a national interest. How extensive are the means we are willing to commit for good international citizenship when those means may more directly benefit the American people through domestic spending or kept in reserve for actual security threats? Halting human suffering in Syria is an excellent objective, but if the means of doing so will be tied up for 10 years or more (most likely scenario), is it still worth doing? While military force may sometimes be in a nation's interest, good international citizenship is not inherently a national interest in every case. Especially if the cost is too high or the prospects for success too low. America does its best to do right by the world, but there are limits to that magnanimity because of our own internal interests and needs.
With the preclusion of removing the Syrian regime, interventionists must show reasonable prospects for success, keeping in mind the American people are probably not inclined to count another decade-long commitment of military force with an indeterminable outcome as a reasonable prospect for success. I'm certainly not so inclined.