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

The International Convention on the Elimination of All Forms of Racial Discrimination (1966),
also considered customary, defines ethnic cleansing. Article 1 describes racial
discrimination as,
“Any distinction, exclusion, restriction or preference based on race, colour,
descent or national or ethnic origin which has the purpose of or effect of
nullifying or impairing the recognition, enjoyment or exercise on an equal
footing of human rights and fundamental freedoms in the political, economic,
social, cultural or any other field of public life”. 205
The Convention also shows how the state has responsibilities for the prevention of
racial discrimination. Each party to the Convention is resolved to adopt all necessary
measures for speedy elimination of racial discrimination in all its forms and
manifestations and to prevent and combat racist doctrines and practices in order to
promote understanding between races and to build an international community free
from all forms of racial segregation and racial discrimination. 206 The state is
responsible for promoting understanding among all races. 207 These provisions are not
only accepted by the signing state as it also has a responsibility not to engage in any
practice of racial discrimination and it must enforce the provisions into public
institutions, nationally and locally. It also has to refrain from endorsing or sponsoring
racial discrimination in any manner or form. 208
Each signatory to the statute is bound to ensure that local legislation is changed,
amended or reviewed to nullify any law that endorses racial discrimination of any
kind. 209 It also provides for the elimination, prohibition and prevention of racial
segregation and apartheid 210 by stipulating that the state is responsible for ensuring
that criminal liability is enforced and is punishable by law. 211 Article 5 binds the state
to protect the right to security of the person from violence or bodily harm whether
inflicted by governmental officials or by an individual, a group or an institution. This
205 Article 1 United Nations. (1966). The International Covention on the Elimination of all forms of
Racial Discrimination. United Nations. New York
206 Article 1(2)
207 Article 2
208 Articles 2(1) and 2.1(b)
209 Article 2.1 (c) and article 2.1 (d)
210 Article 3
211 Article 4, page 4
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