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

instructions but nevertheless acting as officers of the state they used the means placed
at their disposal to violate international law. Such conduct could be attributable to
two or more states when the orders and control of a situation were spread between
states. The message was clear, international courts would not tolerate violations or
breaches of international law, if the violation and breaches of these in any manner or
form could be attributable to the state. If a violation or breach of an international
treaty, statute or convention had taken place the attribution of the state would be in
question. This emphasized that states have duties to prevent violations and breaches
of international law, showing once again that R2P did not contribute any new
elements to the existing frameworks of international law within the Courts.
The Rule of Law in Chapter 3 further emphasized the responsibilities, duties and
obligations of the state. Firstly it showed that the Charter of the United Nations and
the International Court of Justice Statute reinforced these duties. Secondly, they were
binding on all states that were a party to them. It also showed they were truly
universal in scope. Each state that had signed these treaties was under an obligation to
perform these duties in good faith. In this light it showed that in any conflict that arose
between the Charter and any other agreement in international law, the Charter
prevailed. The Vienna Convention (1969) showed that all treaties were binding on
states that were a party to them. It also showed that certain treaties, statutes and
conventions were considered customary law and these documents were non-derogable
in international law. Non-limitations were shown to include war crimes and crimes
against the peace under the Nuremberg Charter and the Hague Conventions (1949)
and genocide under the Convention on the Prevention and Punishment of the Crime
of Genocide (1948).
Lastly Chapter 3 defined ethnic cleansing, genocide, war crimes and crimes against
humanity. Ethnic cleansing was found under the Rome Statute of the International
Criminal Court (2002), under the crimes of apartheid, war crimes and genocide. The
Convention on the Prevention and Punishment of the Crime of Genocide (1948)
broadly defined the protection of an ethnic, racial or religious group. The
International Convention on the Elimination of all Forms of Racial discrimination
(1966) further provided support for non-discrimination on the grounds of race, colour
or national or ethnic origin. The last showed how states were responsible for the
speedy elimination of racial discrimination in all its forms and manifestations. Each
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