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

DISCUSSION - WHERE DO WE GO FROM HERE
This thesis has shown that R2P is grounded in international law, however it is only
grounded within a limited framework. Paragraph 138 of the 2005 World Summit
outcome document says that each individual member state has the responsibility to
protect its population from genocide, war crimes, ethnic cleansing and crimes against
humanity. This paragraph is correct in international law. Firstly, each state is
responsible for protecting their citizens from genocide and war crimes. Second, legally
speaking ethnic cleansing and crimes against humanity are identifiable within the war
crimes and genocide and therefore do not add any special meaning to the
responsibility of the state.
Paragraph 138 of the 2005 World Summit outcome document declares that
responsibility entails the prevention of such crimes, including their incitement,
through appropriate and necessary means. This paragraph can also be found within
existing international customary law. The responsibility of the state as explored
throughout this thesis has shown that the state with its contractual relationships with
other states, by its signatory commitment pacta sunt servada is obliged to incorporate the
provisions of each signed treaty, covenant, statute into its local jurisdiction and in
some cases such as the Geneva Conventions and the ICCPR into their local education
and military programmes. The state is responsible not only for implementing the
provisions within local jurisdiction, education and military programmes but it also has
the responsibility to enforce these provisions through the local courts and also through
the political system by not inciting hatred or other discriminatory practices into their
speeches or programmes for the public.
The prevention aspect of responsibility is clear. The application and the
implementation of international law that is applicable to the state must be reinforced
by the state’s duty to comply. Its responsibilities include duties and obligations in
international law that are enforceable through the international system and by other
states if they do not comply with the obligations to which they are committed.
Therefore the prevention of these crimes requires enforcement, through local courts,
local police, military, education and other state programmes to the extent that is
appropriate and necessary for the prevention of such crimes.
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