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

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etween the reserving state and accepting states, 170 but it does not modify the relationship between all parties to the Treaty. 171 When a party to the treaty objects to the reservations and does not oppose its entry into force the reservations to the treaty do not apply between the states. 172 The law on interpretation in the VCLT is determined by the ordinary meaning of the words in their context and in the light of its object and purpose. 173 In addition to the text of the document it includes the preamble and annexes, any agreements that were made between the parties, the practice between the parties and any relevant rules of international law that are applicable to the case. 174 Just as significantly, when other matters relating to the treaty are taken into consideration they will be dependent on the rule of pacta sunt servada as mentioned previously. 175 A party cannot invoke its internal laws for justification of its failure to perform treaty duties. 176 Each treaty that is binding on a state is applicable to its entire territory including those that it occupies. 177 This means that a state cannot derogate from Treaties in occupied areas that are within its jurisdiction and control. Regarding the rule of pacta terii nec nocent nec prosunt Article 34 provides clarification; a treaty does not create obligations or rights for a third state without its consent. 178 However nothing in the articles precludes a rule in a treaty from becoming binding on a third state as a customary rule of international law 179 showing us once again that some rules of international law are binding on all states. This also clarifies that duties of a state include the duty to fulfil any obligations embodied in the treaty to which it would be subject under international law, independent of the treaty in question. 180 170 Articles 20(5) and 21 (1) a, 21 (1) b, VCLT 171 Article 21(2) VCLT 172 Article 21 (3) VCLT 173 Article 31, VCLT 174 Articles 31 and 32 175 Part iii, section 1, article 26, VCLT 176 Article 27, VCLT 177 Article 29, VCLT 178 Conte, a, An introduction to international law, lexis Nexis (2006) page 53 179 See article 38, this also includes customary laws against the crime of genocide, war crimes and crimes against humanity. As will be discussed in chapter 3, section 2. 180 See articles 43 and 40 (2) VCLT 62
The law on peremptory norms is covered in the VCLT (1969). It provides that a treaty is void if at the time of its conclusion it conflicts with a peremptory norm of general international law. It also describes a peremptory norm as a norm accepted and recognized by the international community as a whole, as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character. 181 If a treaty conflicts with a peremptory norm of international law it will be deemed invalid. 182 The parties will also eliminate as far as possible the consequences of any act performed in reliance on any provision which conflicts with the peremptory norm, as well as conform with the peremptory norm in question. 183 If a new peremptory law comes into existence any existing treaty that is not in conformity with that norm becomes void. 184 This releases all parties to the treaty that were or are in violation of the new peremptory norm in international law, showing the commitment to international peremptory norms in international law, and providing the foundation to work on the customary nature of crimes against humanity, war crimes and genocide under R2P. WHAT REMEDIES DO CONTRACTING PARTIES HAVE IN RELATION TO A BREACH OR A VIOLATION OF A TREATY PROVISION? If a material breach by one or more of the parties has taken place it entitles other parties to invoke the breach as grounds for termination or suspension of the treaty in question. 185 If one party is specifically affected that party can invoke the violation as a ground for suspending the operation of the treaty between themselves and the defaulting state. 186 A material breach may include repudiation or a violation of an essential provision of the treaty in question. 187 181 Article 53, VCLT 182 Articles 64, and 71, VCLT 183 Article 71 (10a, and 71 (1) b, VCLT 184 Article 64, VCLT 185 Articles 60 (1) and 60 (2) VCLT 186 Article 60 (2) b, VCLT 187 Article 60(3) a, and 60 (3) b, VCLT 63
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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,
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 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
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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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