Where is R2P grounded in international law? Anne-Marie Judson A ...

More documents

Recommendations

Info

from the application, the purpose being to view R2P as international law. To do this, R2P application had to be grounded in customary international law. The two paragraphs from the World Summit outcome document (paragraphs 138 and 139) are the obiter dictum of the United Nations member states on R2P. The purpose of application is to prevent genocide, crimes against humanity, ethnic cleansing and war crimes and to intervene when necessary and possibly by force. In law the paragraphs are not considered as binding, however, as will be shown, the underlying customary laws that predate the paragraphs are binding on states. Prior to the unanimous decision to adopt these paragraphs the debates on R2P were grounded in the Canadian International Commission on State Sovereignty and Intervention (2001). This extensive report gave rise to the tenet that R2P was a new idea, however through the application of research and analysis most academics now agree it is indeed a very old idea going back much further than previously realised. Although the debate on R2P descriptions has now waned substantially, information on its application to enforce legal duties by political academics is limited. The legal discourse however is not as limited and can be seen as progressively active. This progression did not start with the International Commission on State Sovereignty and Intervention (2001) as some may still believe but much earlier, predating the 1900s and then from the first sessions between the United Nations General Assembly (UNGA) and the International Law Commission (ILC) meetings in 1946. This thesis analyses the progressive international legal discourse by explaining the historical aspects of the Responsibility to Protect doctrine in a manner consistent with international law on state responsibility. This is done in the first chapter through the analysis of documents and discourse between the United Nations and the International Law Commission. The articles show a comprehensive database of preparatory collective research on the responsibility of states and its application to international law. This collection of international discourse on international law collates into well-known customary international norms. Much of the earlier discourse clarifies the behaviour of modern day states and the notion of intervention. It also clarifies where the responsibility of states originated and how that is applied today in the International Court of Justice hearings especially to obiter dictum and opinion juris of the court to genocide, crimes against humanity and war crimes. 10
HOW DOES INTERNATIONAL LAW LINK IN WITH R2P? In the first chapter research shows that R2P is not a new concept and does not add anything new to the primary rules of international law. Secondly it shows how all members of the United Nations are ipso facto conjointly and severally liable and accountable to jurisdiction in international law. Thirdly it shows that each member state can be held accountable for breaches of international peace and security. Lastly it shows that any country can be the subject of intervention if their actions are seen as a threat to international peace and security. The research develops with this central theme of accountability. The ILC final draft articles in Chapter 2 on international wrongful acts of a state and the early work of the United Nations member states on state responsibility provides an argument that obligations and responsibilities of states are well documented in international law. The third chapter discusses the secondary rules of international law, which relate to the application or interpretation of international law, the area of law into which R2P fits most comfortably. In this section the connections between international law and the binding nature of contracts is analyzed and the ipso facto connectedness of member states to the International Court of Justice is researched. Next an analysis of the Vienna Conventions on the Law of Treaties illustrates the ways in which the application of certain international laws can be binding on all states within the international community, showing that in some cases international rules apply to all states, not only those that are a party to the contract or treaty. This research also covers the area of jus cogens and the duties associated with this type of customary international law. The Rome Statute and its application to member states that are a party to the Covenant is briefly analysed and included in the descriptions on genocide, crimes against humanity, ethnic cleansing and war crimes. The jurisdiction of the courts is researched in relation to contentious cases in international law and opinio juris of the court is analysed in relation to connecting international opinions, showing that the court has the final say whether it has jurisdiction or not, while also showing that the courts are ready to apply international law to cases pertaining to genocide, crimes against humanity and war crimes. This analysis of descriptions reflects the discourse on genocide, crimes against humanity, ethnic cleansing and war crimes and where they can be found in 11
Page 1 and 2: Where is R2P grounded in internatio
Page 3 and 4: ACKNOWLEDGEMENTS Firstly I would li
Page 5 and 6: 3.0.6 What factual relationships mu
Page 7 and 8: INTRODUCTION - Treaties are not emp
Page 9: frameworks to intervene in a state,
Page 13 and 14: intervention 4 and agrees more alon
Page 15: International Commission on State S
Page 18 and 19: considered jus cogens. 21 They did
Page 20 and 21: World Summit outcome document on R2
Page 22 and 23: of states is, in fact, the entire d
Page 24 and 25: Treaties (1969) now considered as c
Page 26 and 27: JURISPRUDENCE AND THE CODIFICATION
Page 28 and 29: Amador realised in the 1950s that i
Page 30 and 31: international organisations he said
Page 32 and 33: within the secondary category, it d
Page 35 and 36: CHAPTER 2 - RIGHTS, DUTIES, AND RES
Page 37 and 38: any obligation of whatever origin g
Page 39 and 40: diplomatic and consular staff. 97 T
Page 41 and 42: The state itself is not necessarily
Page 43 and 44: of international law, the conduct o
Page 45 and 46: not the receiving state. Situations
Page 47 and 48: that have been integrated to preven
Page 49 and 50: planning and supervision of militar
Page 51 and 52: obligation of that state”. 135 Th
Page 53 and 54: This shows that a breach is not lim
Page 55: The omission or failure to act ties
Page 58 and 59: nature by conjointly agreeing to bo
Page 60 and 61:
or violation of international law t
Page 62 and 63:
etween the reserving state and acce
Page 64 and 65:
WHAT IS INTERNATIONAL CUSTOMARY LAW
Page 66 and 67:
against Women (2005). In addition s
Page 68 and 69:
THE CRIME OF ETHNIC CLEANSING The R
Page 70 and 71:
extends to ensuring that political
Page 72 and 73:
This convention seeks to ensure tha
Page 74 and 75:
towards a group as such, required b
Page 76 and 77:
are protected under this convention
Page 78 and 79:
convention or not. This responsibil
Page 80 and 81:
to body or health, as well as compe
Page 82 and 83:
No propaganda or pressure is allowe
Page 84 and 85:
intention as outlined is to dispers
Page 86 and 87:
military objectives at all times. R
Page 88 and 89:
military warfare then the civilian
Page 90 and 91:
the Geneva conventions, constitutes
Page 92 and 93:
crimes against humanity, the acts r
Page 94 and 95:
This situation also constituted “
Page 97 and 98:
CHAPTER 4 - APPLICATION AND STATE D
Page 99 and 100:
that the present Covenant does not
Page 101 and 102:
provisions are also included. 319 D
Page 103 and 104:
other media. 331 During a state of
Page 105 and 106:
institutions. 340 It says that inte
Page 107 and 108:
of an apprehension of potential dan
Page 109 and 110:
place between two parties, and the
Page 111 and 112:
eformation under Article 13 covers
Page 113 and 114:
France declared a state of emergenc
Page 115 and 116:
means that it would be illegal to i
Page 117 and 118:
DISCUSSION - WHERE DO WE GO FROM HE
Page 119 and 120:
egional organisations as appropriat
Page 121 and 122:
peace. It would appear that there w
Page 123 and 124:
CONCLUSION At first glance R2P appe
Page 125 and 126:
instructions but nevertheless actin
Page 127 and 128:
were found to be a part of war crim
Page 129 and 130:
BIBLIOGRAPHY (PRIMARY RESOURCES) In
Page 131 and 132:
BIBLIOGRAPHY (PRIMARY RESOURCES) Un
Page 133 and 134:
BIBLIOGRAPHY (SECONDARY RESOURCES)
Page 135 and 136:
TABLE OF LEGAL CASES All cases can
Page 137 and 138:
MULTILATERAL TREATIES, AND OTHER DO
Page 139 and 140:
4. Resolution 1894 - S/RES/1894 (20
Page 141 and 142:
Injurious or to have Indiscriminate
Page 143 and 144:
Hague III - Adaptation to Maritime
Page 145 and 146:
UNIVERSITY OF MINNESOTA United Nati
Page 147 and 148:
INTERNATIONAL COURTS INTERNATIONAL
Page 149 and 150:
INTERNATIONAL LAW COMMISSION YEAR B
Page 151 and 152:
UNITED NATIONS DIGITAL RESOURCES UN
Page 153 and 154:
CONVENTION ON THE NON-APPLICABILITY
Page 155 and 156:
SECURITY COUNCIL RESOLUTIONS BY YEA
Page 157 and 158:
SECURITY COUNCIL RESOLUTIONS - ARME
Page 159 and 160:
2001 http://www.un.org/Docs/scres/2
Page 161 and 162:
MAINTENANCE OF INTERNATIONAL PEACE
Page 163 and 164:
BOSNIA AND HERZEGOVINA - Please not
Page 165 and 166:
UNSC Resolution 1256 (1999) http://
Page 167 and 168:
BURUNDI UNSC Resolution 1959 (2010)
Page 169 and 170:
DEMOCRATIC PEOPLES REPUBLIC OF KORE
Page 171 and 172:
IRAQ 2011 UNSC Resolution 2001 (201
Page 173 and 174:
LIBERIA 2011 UNSC RESOLUTION 2008 (
Page 175 and 176:
MIDDLE EAST 2011 UNSC Resolution 20
Page 177 and 178:
RWANDA - Please note access is limi
Page 179 and 180:
Page 181 and 182:
SIERRA LEONE 2011 UNSC RESOLUTION 2
Page 183 and 184:
Page 185 and 186:
YUGOSLAVIA (former Yugoslavia) Plea
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
DEROGATIONS OF STATES UNDER ICCPR 1
Page 193 and 194:
Page 195 and 196:
Page 197:
show all

Where is R2P grounded in international law? Anne-Marie Judson A ...

Create successful ePaper yourself

Delete template?

Save as template?