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

extends to ensuring that political rights are available to everyone, without
discrimination to race, colour, national or ethnic origins. 212 These rights include civil
rights such as the right to freedom, movement and residence within the border of the
country, the right to leave the country and the right to return to one’s country as well
as the right to nationality, freedom of thought, conscience and religion, freedom of
opinion, expression and the right to freedom of peaceful assembly and association.
Article 6 reinforces the responsibilities of the state in relation to protection of its
citizens.
“The state will ensure to everyone within their jurisdiction effective protection
and remedies, through the competent national tribunals and other state
institutions, against any acts of racial discrimination which violate human
rights and fundamental freedoms contrary to this convention”.
The state signatory is also responsible for implementing the provisions into local
education, which includes and extends to educating citizens of the state on the
purposes and principles of the Charter of the United Nations, the Universal
Declaration of Human Rights and the United Nations Declaration on the Elimination
of all forms of racial discrimination, 213 effectively bringing other international
customary laws under the jurisdiction and protection of the International Convention
on the Elimination of All Forms of Racial Discrimination (1966). The extension of
international law to cover ethnic cleansing in this context shows that it can be
included, as well as distinctively separated from, definitions on crimes against
humanity, war crimes and genocide. The International Convention 214 also shows
that state responsibility goes beyond the acceptance of the international contract in
question. The rules are clear; the state has the responsibility to prevent atrocities
through application principles and it also has the responsibility to protect by ensuring
that legislation is up to date with the requisites applicable to them in international law,
reinforcing again the responsibilities inherent in R2P paragraphs 138 and 139 of the
World Summit outcome document (2005).
212 Articles 5 (a) to 5 (d), i – ix and 5 (e) i – ii, pages 5 to 6
213 See Articles 6 and 7 page 6
214 As of June 2011 there were 174 parties to the Convention.
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