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

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TABLE OF CONTENTS 1. INTRODUCTION - Treaties are not empty gestures states have obligations in international law. Principal research findings. Page 7 1.0.1 The chapters. P.8 1.0.2 Thesis application. P.9 1.0.3 How does international law link to the Responsibility to Protect doctrine? P.11 1.0.4 Accreditation – modern and historical influences. P.14 2. CHAPTER 1 – BACKGROUND - A HISTORICAL PERSPECTIVE. 2.0.1 Background - What historical notions of responsibility existed within the United Nations before the 2005 World Summit outcome? How does this link in with R2P? P.17 2.0.2 A historical perspective of responsibility. P.21 2.0.3 Jurisprudence and codification of the principles of international law governing state responsibility within the International Law Commission proposals. P.26 2.0.3 Summary of chapter 1. P.33 3. CHAPTER 2 - RIGHTS, DUTIES AND RESPONSIBILITIES OF STATES – THE MODERN VIEW. P.35 3.0.1 The final draft articles of the International Law Commission on the Responsibility of States for Internationally Wrongful Acts (2001). An analysis 3.0.2 Is the act an internationally wrongful act of the state? P.36 3.0.3 What are the elements of an internationally wrongful act? P.38 3.0.4 Can the state use internal or municipal law as a defence for violations of international law? P.39 3.0.5 What attributions of conduct place the state at fault in international law? P.40 4
3.0.6 What factual relationships must be in place to attribute obligations on the state? P. 47 3.0.7 What happens when there is an absence of governmental control? P.49 3.0.8 Can attribution be placed on a state ab initio? P.52 3.0.9 Summary of chapter 2. P.54 4. CHAPTER 3. THE RULE OF LAW - A DESCRIPTIVE ANALYSIS. P.57 4.0.1 What rules in law provide us with foundations for application of contract on Treaty Law? P.60. 4.0.2 What remedies do contracting parties have in relation to a breach or a violation of a treaty provision? P.63. 4.0.3 What is international customary law? P.64. 4.0.4 Which international laws, (conventions, treaties or statutes) best explain and define crimes against humanity, war crimes, ethnic cleansing and genocide? P.67 4.0.5 The crime of ethnic cleansing. P.68 4.0.6 The crime of genocide. P.72 4.0.7 War crimes. P.75 4.0.8 Crimes against humanity. P.90 4.0.9 Summary of chapter 3. P.95 5. CHAPTER 4. STATE DEROGATIONS - AN APPLICATION ANALYSIS. P.97 5.0.1 The International Covenant on Civil and Political Rights (1966) P.98 5.0.2 Prohibited violations. P.99 5.0.3 Non-prohibited violations. P.100 5.0.4 Criteria for a state of emergency for derogations. P.104 5.0.5 An analysis of derogations for the state of emergency. P.109 5.0.6 What are the most commonly cited/used articles for derogations? P.109 5
Page 1 and 2: Where is R2P grounded in internatio
Page 3: ACKNOWLEDGEMENTS Firstly I would li
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
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
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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
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MULTILATERAL TREATIES, AND OTHER DO
Page 139 and 140:
4. Resolution 1894 - S/RES/1894 (20
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Injurious or to have Indiscriminate
Page 143 and 144:
Hague III - Adaptation to Maritime
Page 145 and 146:
UNIVERSITY OF MINNESOTA United Nati
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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
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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
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
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Page 185 and 186:
YUGOSLAVIA (former Yugoslavia) Plea
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Page 189 and 190:
Page 191 and 192:
DEROGATIONS OF STATES UNDER ICCPR 1
Page 193 and 194:
Page 195 and 196:
Page 197:
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