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

against Women (2005). In addition some other similar human rights conventions are
considered customary including the International Convention on the Elimination of All Forms
of Racial Discrimination (1966) with 174 parties to the Convention. The International
Convention on Civil and Political Rights (1966), The International Convention on the Suppression
and Punishment of the Crime of Apartheid, (1973) with 107 parties and the Convention against
Torture and Other Cruel, Inhuman or Degrading treatment or Punishment (1984) with 149 parties
are also considered customary by the ICJ.
Overall it is clearly evident that the general consensus on customary international law
is for the protection of collective groups, individuals including men, women and
children in time of war as well as in time of peace. It also shows that a state’s
responsibility in terms of customary law is broad and envelops a large portion of
general international law. The message of customary international law is clear. “Any
person who commits an act which constitutes a crime under international law is
responsible and liable for punishment.” 197 Customary laws include any convention or
treaty that generates responsibility in law to states regarding crimes against humanity,
war crimes, ethnic cleansing and genocide, among other breaches of international law
against communities, civilians, prisoners of war or hostages in time of war.
Peremptory breaches include grave crimes against humanity or any serious breach of
general international law affecting the stability of international peace and security.
The next section looks into more specific descriptions of crimes against humanity, war
crimes, ethnic cleansing and genocide in order to define the limitations of intervention
in regards to general customary law with a jus cogens or peremptory nature, relating
directly to R2P and the responsibility of the state to prevent and protect all civilians
from grave crimes against humanity, ethnic cleansing, genocide and war crimes, as
described in paragraph 138 of the World Summit outcome document.
197 Principle 1 of the Charter of the Nuremberg Charter (1950)
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