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

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ABSTRACT The Responsibility to Protect doctrine (R2P) is not a new practice of international customary law, It has grounding in international law. This can be shown through an analysis of international humanitarian and human rights law. This research shows that states have responsibilities, duties and obligations in international law to prevent and protect their citizens from harm. It also shows that R2P as a concept, does not add anything new to existing international customary norms on war crimes, crimes against humanity, genocide and ethnic cleansing. R2P reinforces these duties by declaring them and it is not distinctive in any way from the responsibilities already inherent in the Charter of the United Nations, the International Court of Justice Statute, the Geneva Conventions, and Vienna Convention on the Law of Treaties, the Nuremberg Charter, the Hague Conventions or any other international customary norm in international law related to humanitarian or human rights law. The legal status of R2P is limited to the crime of genocide and war crimes, On the other hand crimes against humanity and ethnic cleansing must also be clearly identified within these two frameworks and not be separated from them. This research also shows that the justification for intervention into a state is limited to war crimes under the Nuremberg, Hague and Geneva Conventions, and genocide is limited to the Genocide Convention. R2P is not a new idea, It has been at the heart of the United Nations General Assembly discussions since 1946. Thus credit must be given to the International Law Commission and their magnum opus over the past 70 years on the responsibilities of states. The Security Council is the only means through which a state can legally intervene in the affairs of another state. This is determined by the legalities of a breach of International Peace and Security. Each participatory state of the United Nations is responsible for supplying in a timely manner the ‘means necessary’ to the Security Council to implement their decisions for the maintenance of International Peace and Security. These responsibilities have not changed, They are firmly grounded in international law. 2
ACKNOWLEDGEMENTS Firstly I would like to thank the National Centre for Peace and Conflict Studies for giving me the opportunity to explore notions of peace research. Secondly and conjointly I would like to thank Dr Heather Devere and Professor Kevin Clements for supporting me and encouraging me to pursue further studies, in my area of interest. I would also like to thank the Aotearoa New Zealand Peace and Conflict Studies Centre Trust and the University of Otago for funding the National Centre. Also I would like to acknowledge the proofreading work done by Claire Stevens. Lastly and certainly not least I would like to thank my family, Andrew, Antonia-Maria and Blake for their silence, encouragement and love when it was needed most. I am forever indebted. Thank you to everyone who has supported me and helped me along the way. 3
Page 1: Where is R2P grounded in internatio
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 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
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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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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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Page 189 and 190:
Page 191 and 192:
DEROGATIONS OF STATES UNDER ICCPR 1
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Page 195 and 196:
Page 197:
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