On Humanitatian Intervention

In the class discussion with non-residential students on August 31, I had mentioned that India views Humanitarian Intervention with deep suspicion, while other countries refer to Responsibility to Protect. I had mentioned that Professor VS Mani, an eminent I Law scholar had delivered lectures at the Hague on HI in 1994. You can find his work in the Additional Resources folder and I am pasting an extract from my article on his body of work which was published in the Indian Journal of International Law last year. (Pakanati, Rajdeep. 2018. Reading Professor V. S. Mani from an international relations perspective. Indian Journal of International Law. Volume 58, Issue 1–2, pp 57–83.)

Professor Mani’s analysis on humanitarian intervention clearly lays
out the problems that come with it and if one were to borrow the
analysis from the Report prepared by the International Commission on
Intervention and State Sovereignty (ICISS), the operation principles of
R2P reveal the gamut of problems facing HI.
Operational principles
A. Clear objectives: clear and unambiguous mandate at all times, and resources
to match.
B. Common military approach among involved partners; unity of command;
clear and unequivocal communications and chain of command.
C. Acceptance of limitations, incrementalism and gradualism in the application
of force, the objective being protection of a population, not defeat or a state.
D. Rules of engagement, which fit the operational concept: are precise; reflect
the principle of proportionality; and involve total adherence to international
humanitarian law.
E. Acceptance that force protection cannot become the principal objective.
F. Maximum possible coordination with humanitarian organisations.59
If we focus on the Libya case, the United Nations Security Council
passed Resolution 1973 which led to the enforcement of a no-fly zone
and naval blockage in the name of protecting civilians. In hindsight we
see the full gamut of problems identified in the R2P Report of 2005.60
On the day of the authorization of UNSC 1973 one would have been
very sympathetic in light of threats issued by the then Libyan leader
Col. Gaddafi to attack the city of Benghazi,61 but the intense scrutiny of Libya by the UNSC while ignoring similar events in Syria or Yemen
reveal the problems of selectivity of HI.

Footnote 60: If we look at the transcript of the 6498th Meeting of the UNSC held on 17 March 2011 and led to the adoption of UNSCR 1973, the remarks of the Indian Representative reveal the misgivings about the planned HI.

Mr. Hardeep Singh Puri (India): India has been following with serious concern the developments in
Libya, which have led to the loss of numerous lives and injuries to many more. We are very concerned about the welfare of the civilian population and of foreigners in Libya. We deplore the use of force, which is totally unacceptable and must not be resorted to.

The Secretary-General has appointed a Special Envoy, who has just visited Libya. We support his
appointment and his mission. However, we have not had the benefit of his report or even a report from the Secretariat on his assessment as yet. That would have given us an objective analysis of the situation on the ground. The African Union is also sending a high-level panel to Libya to make serious efforts for a peaceful end to the crisis there. We must stress the importance of political efforts, including those of the SecretaryGeneral’s Special Envoy, to address the situation. The Council has today adopted a resolution that authorizes far-reaching measures under Chapter VII of the United Nations Charter, with relatively little credible information on the situation on the ground in Libya. We also do not have clarity about details of enforcement measures, including who will participate and with what assets, and how these measures will exactly be carried out. It is of course very important that there be full respect for the sovereignty, unity and territorial integrity of Libya.

The financial measures that are proposed in the resolution could impact directly or through indirect
routes the ongoing trade and investment activities of a number of Member States, thereby adversely
affecting the economic interests of the Libyan people and others dependent on these trade and economic ties. Moreover, we have to ensure that the measures will mitigate and not exacerbate an already difficult situation for the people of Libya. Clarity in the resolution on any spillover effects of these measures would have been very important.

We abstained in the voting on the resolution in view of the aforementioned. I would like to reemphasize that India continues to be gravely concerned about the deteriorating humanitarian situation in Libya and calls on the Libyan authorities to cease fire, protect the civilian population and address the legitimate demands of the Libyan people.

Related to Law of Sea, Deep Sea Mining plans of India

The Hindu Explains: Migrant camp guidelines, interest rate cuts, and India’s Deep Ocean Mission

Explained | What is India's Deep Ocean Mission

India has been allotted a site of 75,000 sq. km.for exploitation of polymetallic nodules.

Aswathi Pacha04 AUGUST 2019 00:02 IST

UPDATED: 04 AUGUST 2019 10:00 IST

    

What is the country’s Deep Ocean Mission all about? What are the metals that can be extracted?

The story so far: India’s ambitious ‘Deep Ocean Mission’ is all set to be launched this year. Dr. Madhavan Rajeevan, Secretary, Union Ministry of Earth Sciences, announced on July 27 that the ₹8,000-crore plan to explore deep ocean minerals will start from October. He said, “We finally have the in-principle approval to go ahead with the mission. Now expenditure plans will be drawn up and circulated [to various institutions affiliated to the Ministry] for executing programmes and we hope to launch by October 31.”

What will be mined from the deep ocean?

One of the main aims of the mission is to explore and extract polymetallic nodules. These are small potato-like rounded accretions composed of minerals such as manganese, nickel, cobalt, copper and iron hydroxide. They lie scattered on the Indian Ocean floor at depths of about 6,000 m and the size can vary from a few millimetres to centimetres. These metals can be extracted and used in electronic devices, smartphones, batteries and even for solar panels.

Where will the team mine?

The International Seabed Authority (ISA), an autonomous international organisation established under the 1982 United Nations Convention on the Law of the Sea, allots the ‘area’ for deep-sea mining. India was the first country to receive the status of a ‘Pioneer Investor ‘ in 1987 and was given an area of about 1.5 lakh sq km in the Central Indian Ocean Basin (CIOB) for nodule exploration. In 2002, India signed a contract with the ISA and after complete resource analysis of the seabed 50% was surrendered and the country retained an area of 75,000 sq km.

According to a release from the Ministry of Earth Sciences, the estimated polymetallic nodule resource potential in this area is 380 million tonnes (MT), containing 4.7 MT of nickel, 4.29 MT of copper, 0.55 MT of cobalt and 92.59 MT of manganese. Further studies have helped narrow the mining area to 18,000 sq km which will be the ‘First Generation Mine-site’.

Which are the other countries that are in the race to mine the deep sea?

Apart from the CIOB, polymetallic nodules have been identified from the central Pacific Ocean. It is known as the Clarion-Clipperton Zone.

According to the ISA’s website, it has entered into 15-year contracts for exploration for polymetallic nodules, polymetallic sulphides and cobalt-rich ferromanganese crusts in the deep seabed with 29 contractors. Later it was extended for five more years till 2022. China, France, Germany, Japan, South Korea, Russia and also some small islands such as the Cook Islands, Kiribati have joined the race for deep sea mining. Most of the countries have tested their technologies in shallow waters and are yet to start deep-sea extraction.

When will India start mining?

India’s mining site is at about a depth of 5,500 metres, where there is a high pressure and extremely low temperature. Explains Dr. G.A. Ramadass, head of the Deep Sea Technologies Group, National Institute of Ocean Technology, Chennai, “We have developed and demonstrated the mining technology with artificial nodules at 500 metres depth. We have also deployed Remotely Operated Vehicle and In-situ Soil Tester in the depth of 6,000 metres and have a thorough understanding of the mining area at the Central Indian Ocean Basin.” He adds, “The mining machine newly developed for 6000 metres depth was able to move about 900 metres and will be deployed soon at 5,500 metres. We hope to test it in October this year. Weather conditions and availability of ships also play a role. More tests are being conducted to understand how to bring the nodules up to the surface. A riser system comprising an umbilical cable or electromechanical cable and a hose is being developed.”

What will be the environmental impact?

According to the International Union for Conservation of Nature (IUCN), these deep remote locations can be home to unique species that have adapted themselves to conditions such as poor oxygen and sunlight, high pressure and extremely low temperatures. Such mining expeditions can make them go extinct even before they are known to science. The deep sea’s biodiversity and ecology remain poorly understood, making it difficult to assess the environmental impact and frame adequate guidelines.

Dr. Ramadass adds that though strict guidelines have been framed, they are only exploration guidelines. A new set of exploitation guidelines are being worked out and discussions are on with the ISA. Environmentalists are also worried about the sediment plumes that will be generated as the suspended particles can rise to the surface harming the filter feeders in the upper ocean layers. Additional concerns have been raised about the noise and light pollution from the mining vehicles and oil spills from the operating vessels.

Is deep sea mining economically viable?

The latest estimate from the ISA says it will be commercially viable only if about three million tonnes are mined per year. More studies are being carried out to understand how the technology can be scaled up and used efficiently.