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

More documents

Recommendations

Info

JURISPRUDENCE AND THE CODIFICATION OF THE PRINCIPLES OF INTERNATIONAL LAW GOVERNING STATE RESPONSIBILITY In 1954, the United Nations 54 asked the International Law Commission to undertake the codification of the principles of law governing state responsibility. At the Law Commission’s seventh session in 1955 Garcia Amador was appointed as a special Representative on the subject. Garcia Amador presented six consecutive reports. In a collective report dated 20 th January 1956 55 , he showed how extensive the subject was in regards to international law. He included a range of laws including reparation, acts and omissions, civil responsibility, criminal responsibility, and imputability as an essential condition of responsibility to individuals, to international organisations and states. The reports further covered diplomatic protection and international recognition of the essential rights of man, 56 the international standard of justice and the equality of nationals and aliens, 57 exoneration, attenuating and aggravating circumstances and the exhaustion of local remedies, reparation and punitive damages. 58 A chapter was also dedicated to modes of settlement, diplomatic protection, the principles of non-interference and peaceful means of settlement. 59 The report emphasized codifications by the League of Nations, 60 the Hague Convention, 61 and other inter-American bodies of law. 62 At this point Garcia Amador and the Law Commission realised that the subject of responsibility of states had always encompassed vast and complex subjects of international law. It would be difficult, they said, “to find a topic more beset with 54 See, United Nations. (1953). United Nations General Assembly Resolution 799. New York : United Nations. 55 Amador, G. (1956). International Responsibility. International Law Commission, YILC Volume ii, pages 176-‐190 56 Pages 192-‐198 57 Pages 199-‐202 58 Pages 203-‐208 59 Pages 215-‐219, chapter ix 60 See, League of Nations . (1926). Committee of Experts for the Codification of Law . League of Nations page 221 61 See League of Nations. (1930). Conference for the Codification of Interantional Law. Hague: League of Nations page 223 62 See First American Conference, Washington (1889), (1890), the second conference, Mexico (1902) page 226, and the seventh conference of American states, Montevideo (1933) on the Responsibility of the State. 26
greater confusion and uncertainty”. 63 The topic is vast they said, due to the practically unlimited number and variety of circumstances that can give rise to international responsibility, and the fundamental questions and principles are common to all. 64 Amador also noted that the doubts and differences of opinion had related to particular questions or points in detail rather than the validity of the concepts themselves. He said that there was a growing tendency to accept the individual as a subject of international rights and obligations. He clarified that there was also a growing acknowledgement of a community interest in breaches of international law. 65 He regarded the function of international responsibility to fall within the breach of non-performance as international obligations. 66 And the state he said, was under a duty to make reparation for the injury occasioned. He clarified this on several fronts. The term ‘responsibility’ he said, was identified with liability of municipal law. Contemporary international law however similar considers that the notion of responsibility covers not only the duty to make reparation for damage or injury, but also other legal consequences of the breach of non-performance. The obligations in question he said are those for which the breach is punishable and in international law in its present stage of development, (1950s) can include both civil and criminal responsibility. According to the nature of the obligation, the breach or the nonperformance gives rise to the responsibility. 67 Amador recognized that responsibility does not originate in the act itself but rather in the conduct of the state in relation to the act. The nature of the act committed influences the way in which the law regards the state’s conduct as a source of international responsibility. He went on to say that certain violations of fundamental human rights, namely crimes against humanity, now involve international responsibility of a criminal character. He said this came from the obligations of the Convention on the Prevention and Punishment of the Crime of Genocide, in that it gave rise to obligations for states to prevent and punish. 68 63 Page 175 64 Page 176 65 Garcia Amador (page 176), also agreeing with Professor Jessup, Responsibility of states for injuries to individuals, Columbia Law Review, vol xlvi, (1946) page 904 66 See chapter ii, page 180 67 Page 180 68 Page 183 27
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 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 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?