The Permanence of Inconsistency: Libya, the Security Council, and the Responsibility to Protect

Summary

Many observers heralded the Security Council–sanctioned intervention in Libya in March 2011 as evidence of the efficacy of the responsibility to protect (R2P). Although there is no doubt that the intervention was significant, the implications of Resolution 1973 are not as profound as some have claimed. The intervention certainly coheres with the spirit of R2P, but it is possible to situate it in the context of a trajectory of Security Council responses to large-scale intrastate crises that predate the emergence of R2P. This trajectory is a function of the decisionmaking of the five permanent members of the Security Council (P5), a group guided by politics and pragmatism rather than principles. As a consequence, the Security Council’s record in dealing with intrastate crises is characterized by a preponderance of inertia punctuated by aberrant flashes of resolve and timely action impelled by the occasional coincidence of interests and humanitarian need, rather than an adherence to either law or norms. The underlying factors that contributed to this record of inconsistency—primarily the P5’s veto power—remain post-Libya, and thus the international response to intrastate crises likely will continue to be inconsistent.