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

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considered jus cogens. 21 They did this by asserting that member states have the responsibility to protect their own populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This statement relates directly to several customary laws in international law. 22 The members agreed that this responsibility entails prevention of such crimes, including their incitement through appropriate and necessary means. Prevention is specific not only to the Charter but also to humanitarian law, in that application includes the integration of principles into local jurisdiction and education. All members who agreed to R2P accepted customary rules of responsibility, not because this was a new declaration or doctrine, but because each member state is bound to their contractual relationships, reinforcing the fact that the World Summit outcome document paragraph 138 is complementary to already binding international laws. The members agreed that the international community should encourage and help states to exercise this responsibility and support the United Nations in establishing an early warning system, reinforcing existent general international law on application, duties and obligations. These duties include observance of treaties that are pacta sunt servada, meaning that every treaty in force is binding upon the parties and it must be performed in good faith, 23 rather than nudum pactum, a bare promise without any consideration. 24 In paragraph 139 of the World Summit outcome document, the members reinforced the Charter of the United Nations under Pacific settlement clauses and threats to the peace under Chapters VI and VIII. They declared once again, that member states had a responsibility to use diplomatic humanitarian and other peaceful means to help protect populations from genocide, ethnic cleansing and crimes against humanity. 21 See United Nations. (1969). Vienna Convention on the Law of Treaties. Vienna: United Nations Vienna convention on the law of treaties (1969), article 53. “A peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted…” page 25 22 For example, the Convention on the Prevention and Punishment of the Crime of Genocide (1948) the Charter of the United Nations, (1945) the Hague conventions, (1907) the Nuremberg principles and the International Covenant on Civil and Political Rights (1966). 23 United Nations. (1969). Vienna Convention on the Law of Treaties . Vienna: United Nations, article 26, page 14. 24 Spiller, P. (2001). Butterworths New Zealand Law Dictionary (Vol. 5). Wellington, New Zealand : Butterworths, page 206 18
The members declared that they are prepared to take collective action, in a timely and decisive manner through the Security Council, reinforcing again the already existing obligations in international law. Chapter VII 25 of the Charter of the United Nations stipulates where the Security Council can determine the existence of any threat to the peace, breach of the peace, or act of aggression. If the Security Council finds peaceful measures inadequate it may enforce action by other means. At all stages the Security Council can call on member states to give effect to its decisions. Article 43 of the Charter, says the members will contribute to the maintenance of peace and security and will undertake to make available armed forces, assistance, and facilities including the rights of passage necessary for maintaining international peace and security. In order for the Security Council to take urgent military measures (timely and decisive action) members should make available national air-force contingents for combined international enforcement action. 26 Paragraph 139 of the World Summit outcome document also specifies that these actions will be taken in accordance with regional organisations and on a case-by-case basis. It lastly informs and stresses that the General Assembly needs to further consider the Responsibility to Protect doctrine in terms of genocide, ethnic cleansing, war crimes and crimes against humanity. However, due to the extensive application of international customary law in these paragraphs, the approach for consideration is more likely a reminder of performance duties already enforced in international law. On this note the application of existing international customary norms is at the core of preventative action. If states have integrated the principles of international jurisdiction into local legislation and education, early warning systems would be in place. International customary laws are primarily prevention tools. The remaining paragraphs and actions of R2P are binding on states. These include the participatory signatories to the Charter of the United Nations and the statute of the International Court of Justice. In this light it is my intention to discuss thoroughly the responsibilities of states in international law in connection with paragraphs 138 and 139 of the United Nations 25 See United Nations. (1945). The Charter of the United Nations . San Francisco: United Nations . Articles 39 to 41, pages 9 and 10 26 United Nations. (1945). The Charter of the United Nations. San Francisco: United Nations Article 45, page 10, http://treaties.un.org/doc/publication/ctc/uncharter.pdf 19
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 and 10: frameworks to intervene in a state,
Page 11 and 12: HOW DOES INTERNATIONAL LAW LINK IN
Page 13 and 14: intervention 4 and agrees more alon
Page 15: International Commission on State S
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
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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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military objectives at all times. R
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military warfare then the civilian
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the Geneva conventions, constitutes
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crimes against humanity, the acts r
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This situation also constituted “
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CHAPTER 4 - APPLICATION AND STATE D
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that the present Covenant does not
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provisions are also included. 319 D
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other media. 331 During a state of
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institutions. 340 It says that inte
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of an apprehension of potential dan
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place between two parties, and the
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eformation under Article 13 covers
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France declared a state of emergenc
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means that it would be illegal to i
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DISCUSSION - WHERE DO WE GO FROM HE
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egional organisations as appropriat
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peace. It would appear that there w
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CONCLUSION At first glance R2P appe
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instructions but nevertheless actin
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were found to be a part of war crim
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BIBLIOGRAPHY (PRIMARY RESOURCES) In
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BIBLIOGRAPHY (PRIMARY RESOURCES) Un
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BIBLIOGRAPHY (SECONDARY RESOURCES)
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TABLE OF LEGAL CASES All cases can
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MULTILATERAL TREATIES, AND OTHER DO
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4. Resolution 1894 - S/RES/1894 (20
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Injurious or to have Indiscriminate
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Hague III - Adaptation to Maritime
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UNIVERSITY OF MINNESOTA United Nati
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INTERNATIONAL COURTS INTERNATIONAL
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INTERNATIONAL LAW COMMISSION YEAR B
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UNITED NATIONS DIGITAL RESOURCES UN
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CONVENTION ON THE NON-APPLICABILITY
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SECURITY COUNCIL RESOLUTIONS BY YEA
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SECURITY COUNCIL RESOLUTIONS - ARME
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2001 http://www.un.org/Docs/scres/2
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MAINTENANCE OF INTERNATIONAL PEACE
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BOSNIA AND HERZEGOVINA - Please not
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UNSC Resolution 1256 (1999) http://
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BURUNDI UNSC Resolution 1959 (2010)
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DEMOCRATIC PEOPLES REPUBLIC OF KORE
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IRAQ 2011 UNSC Resolution 2001 (201
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LIBERIA 2011 UNSC RESOLUTION 2008 (
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MIDDLE EAST 2011 UNSC Resolution 20
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RWANDA - Please note access is limi
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SIERRA LEONE 2011 UNSC RESOLUTION 2
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YUGOSLAVIA (former Yugoslavia) Plea
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DEROGATIONS OF STATES UNDER ICCPR 1
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