331 Cesáreo Gutiérrez Espada The responsibility to protect and the right of veto in the Security Council: some recent examples Why has the RtoP not been implemented in Syria while it has in the Libyan Arab Jamahiriya? Stated clearly: because Russia and China, permanent members of the Council, prevented it by using their right of veto, ignoring the fact that the conditions required for the application of the RtoP were present in Syria. Indeed, we are seeing a civil war that, since the start of 2011, has caused a humanitarian disaster of a scale great enough to invoke this legal status, as done by the Security Council with Resolution 1973 (2011). Once again, in Syria its implementation has not been possible due to Russia and China’s vetoes. In this regard, the following paragraph is somewhat enlightening: “The Security Council is appalled at the unacceptable and escalating level of violence and the death of more than 100,000 people in Syria …. It is gravely alarmed by the significant and rapid deterioration of the humanitarian situation in Syria.” “The Security Council expresses its deep concern at the consequences of the refugee crisis caused by the conflict in Syria, which has a destabilising impact on the entire region … more than two million refugees … have fled Syria”20. Valérie Amos, Under-Secretary-General of Humanitarian Affairs and Emergency Relief Coordinator, made the following statement to the Security Council on 25 October 2013: “On 2 October, this Council called on all parties to the Syrian conflict to immediately cease and desist from all violations of international humanitarian law and violations and abuses of human rights and to take all appropriate steps to protect civilians. Yet, three weeks later, we continue to receive reports of … the occupation of, and indiscriminate attacks against, civilian infrastructure, including schools, hospitals, power plants and water points”21. Although the Security Council, as can be read in its annual report to the General Assembly (2012-2013), dedicated 28 sessions to the issue and published 4 press releases, it was unable to take a decision to avoid humanitarian disaster. Only following the use of chemical weapons22 was it able to adopt Resolution 2118 (2013) of 27 September. This resolution does not even provide for the adoption of specific measures, in keeping with the need and gravity of the case, in the event of non-compliance with 20 Statement by the President of the Security Council S/PRST/2013/15, 2 October 2013, pp. 1-4 (pp. 1 and 3). 21 S/PV/7049, 25 October 2013. 22 United Nations Mission to investigate allegations of the use of chemical weapons in the Syrian Arab Republic. Final Report, p. 18 (para. 108) (“The United Nations Mission concludes that chemical weapons have been used in the ongoing conflict between the parties in the Syrian Arab Republic”) (https://unoda-web.s3.amazonaws.com/wp-content/uploads/2013/12/report.pdf en www.un.org) (consulted: Monday 23 December 2013).
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