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

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Table of Legal Cases continued … R v. Bow Street Metropolitan Stipendiary Magistrate and Others: Ex parte Pinochet Ugarte (No.1) 3, W.L.R. 1456 [1998] R v. Bow Street Metropolitan Stipendiary Magistrate Ex parte Pinochet Ugarte (No.2) [1999] UKHL 52 R v. Bow Street Metropolitan Stipendiary Magistrate Ex parte Pinochet Ugarte Amnesty International and Others Intervening) (No.3) [2000] 1 AC 147 Rainbow Warrior Arbitration [1987] 81 AJIL 325 Rainbow Warrior (New Zealand v. France) (No.2) [1990] 82 ILR 499 Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide Advisory opinion, 28 th May 1951 [1951] ICJ Reports 15 Territorial Dispute (Libyan Arab Jamahiriya v. Chad) (Judgement) [1994] ICJ Reports 6 Texaco Overseas Petroleum Company v. Libya [1977] 53 ILR 389 Trail Smelter Case (United States v. Canada) [1949] 3 RIAA 1905 United States Diplomatic and Consular Staff in the Tehran Case (United States v. Iran) [1980] ICJ Reports 3 136
MULTILATERAL TREATIES, AND OTHER DOCUMENTS 370 (SIGNATORIES AND PARTIES) 371 RULE OF LAW 1. Rome Statute of the International Criminal Court, Rome 17 th July 1998, (139 Signatories, 114 Parties) 2. Agreement on the Privileges and Immunities of the International Criminal Court, New York, 9 th September 2002 (62 Signatories, 66 Parties) 3. The Rule of Law at the national and international levels A/RES/62/70, 4. The Rule of Law at the National and International levels A/RES/61/39 5. Security Council Resolution 1674 - S/RES/1674 (2006) 6. Report of the Secretary General on the Rule of Law and Transitional Justice in Conflict and Post Conflict Societies – S/2004/616 7. Adherence to Rule of Law GA/L/3390 CHARTER OF THE UNITED NATIONS AND STATUTE OF THE INTERNATIONAL COURT OF JUSTICE 1. Charter of the United Nations, San Francisco, 26 th June 1945 (49 Parties, 192 Members) 2. Declarations of acceptance of the obligations contained in the Charter of the United Nations (142 members) 3. Statute of the International Court of Justice a. ICJ Rules of the Court (1978) b. Practical Directions (2001) amended (2009) 4. Declarations recognizing as compulsory the jurisdiction of the International Court of Justice under Article 36 paragraph 2 of the Statute of the Court (66 Parties) 370 Most of these documents can be found at the united nations treaty collection, lastly accessed on 12 th May 2011 http://treaties.un.org/home.aspx?lang=en 371 These were correct as of 12 th May 2011 137
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Where is R2P grounded in internatio
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ACKNOWLEDGEMENTS Firstly I would li
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3.0.6 What factual relationships mu
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INTRODUCTION - Treaties are not emp
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frameworks to intervene in a state,
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HOW DOES INTERNATIONAL LAW LINK IN
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intervention 4 and agrees more alon
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International Commission on State S
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considered jus cogens. 21 They did
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World Summit outcome document on R2
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of states is, in fact, the entire d
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Treaties (1969) now considered as c
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JURISPRUDENCE AND THE CODIFICATION
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Amador realised in the 1950s that i
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international organisations he said
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within the secondary category, it d
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CHAPTER 2 - RIGHTS, DUTIES, AND RES
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any obligation of whatever origin g
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diplomatic and consular staff. 97 T
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The state itself is not necessarily
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of international law, the conduct o
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not the receiving state. Situations
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that have been integrated to preven
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planning and supervision of militar
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obligation of that state”. 135 Th
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This shows that a breach is not lim
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The omission or failure to act ties
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nature by conjointly agreeing to bo
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or violation of international law t
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etween the reserving state and acce
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WHAT IS INTERNATIONAL CUSTOMARY LAW
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against Women (2005). In addition s
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THE CRIME OF ETHNIC CLEANSING The R
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extends to ensuring that political
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This convention seeks to ensure tha
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towards a group as such, required b
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are protected under this convention
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convention or not. This responsibil
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to body or health, as well as compe
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No propaganda or pressure is allowe
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intention as outlined is to dispers
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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: TABLE OF LEGAL CASES All cases can
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 181 and 182: SIERRA LEONE 2011 UNSC RESOLUTION 2
Page 185 and 186: YUGOSLAVIA (former Yugoslavia) Plea
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UNSC Resolution 1142 (1997) http://
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UNSC Resolution 2007 (2011) http://
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DEROGATIONS OF STATES UNDER ICCPR 1
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Page 197:
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