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

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towards a group as such, required by Article II of the Convention on the Prevention and Punishment of the Crime of Genocide”. These two opinions show firstly that the ICJ is willing to define and express opinions on the crime of genocide, secondly it also shows that it is well within their jurisdiction, thirdly it shows that the crime of genocide is considered a violation of customary law. Lastly it shows that the crime of genocide is applicable to all states, not only to those that are a signatory to the convention, once again reinforcing paragraph 138 of the World Summit outcome document that states “Each individual Member State has the responsibility to protect its population from genocide (…) This responsibility entails the prevention of such crimes, including their incitement through appropriate and necessary means”. Article 6 of the Rome Statute of the International Criminal Court (2002) describes the meaning of genocide as any of the following acts committed with the intent to destroy, in whole or in part, a national, racial or religious group; including killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, imposing measures on the group intended to prevent births or forcibly transferring children of the group to another group. The jurisdiction of the Court includes exercising jurisdiction where one or more of the crimes ‘appear’ to have been committed. The prosecutor may initiate investigation proprio motu on the basis that information on a crime is within the jurisdiction of the court. When a crime is seen to have been committed parties to the convention may refer the situation to the Security Council acting under the provisions of the Charter of the United Nations, under Chapter VII. The Rome Statute of the International Criminal Court (2002) had 141 parties and 38 signatories in 2011. Equally important is the fact that there are 45 non-signatories, the majority of whom are from the Asia Pacific region (23), then Africa (7), Europe (6), the Middle East and North Africa (5) and the Americas (5). The universal scope of the statute is limited by the lack of signatory participants. 228 Most if not all the 228 Non-‐signatories to the statute include (Africa) Equatorial Guinea, Ethiopia, Mauritania, Rwanda, Somalia, Swaziland, Togo, (Americas) Cuba, El Salvador, Grenada, Guatemala, Nicaragua, (Asia & Pacific) Bhutan, Brunei Darussalam, China, India, Indonesia, Kiribati, Korea, Democratic 74
information that is applicable to genocide can be found elsewhere in other Conventions, Statutes and Treaties. The Statute itself does not limit the application or attribution of genocide to a state that has violated its principles in international law. WAR CRIMES The subject of War crimes can be found in a number of Conventions, Charters and Statutes including the Nuremberg Charter of 1945 229 as well as the Hague Convention of 1907 under Articles 40, 50, 52 and 56. 230 However the most common reference to war crimes can be found in the descriptions under the Geneva Conventions which incorporate the definitions in the Nuremberg and the Hague Conventions and cover four Conventions from 1949 as well as the additional protocols from 1977. The Conventions come under international humanitarian law, in that they relate to the protection of civilians, the wounded and the sick in the armed forces on the ground as well as the shipwrecked at sea and wounded in the air. The combination of the four Conventions and the additional protocols are considered customary international law. Each Convention adds a unique perspective to the crimes of war. THE GENEVA CONVENTIONS The first of the Geneva conventions is the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva (12 th August 1949). 231 It applies to all cases of declared war or any armed conflict that may arise between two or more parties. It also applies to a state of war where one of the parties does not recognize the state of war as well as partial or total occupations. In the case of an armed conflict that is not of an international character then persons taking no active part in the hostilities Peoples Republic of North Korea, LAO Peoples Democratic Republic, Malaysia, Maldives, Micronesia, Myanmar (Burma), Nepal, Niue, Pakistan, Palau, Papua New Guinea, Singapore, Sri Lanka, Tonga, Tuvalu, Vanuatu, Vietnam, (Europe) Azerbaijan, Belarus, the Holy See (Vatican), Kazakhstan, Turkmenistan, Turkey, (Middle East & North Africa) Iraq, Lebanon, Libya, Qatar and Saudi Arabia. http://www.iccnow.org last accessed on the 5 th July 2011 229 Nuremberg tribunal and Charter 1945, can be found at Yale documents http://avalon.law.yale.edu/imt/imtconst.asp Last accessed on the 8 th October 2011. 230 The Laws and Customs of War on Land (Hague ii) 29 th July, 1899 can be accessed from http://avalon.law.yale.edu/20th_century/hague02.asp#art46 Last accessed on 8 th October 2011 231 United Nations. (1949). The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva: United Nations.United Nations Document Collection document on Humanitarian Law Treaties and Documents, Found on the Red Cross website. http://www.icrc.org/ihl.nsf/full/365?opendocument Last accessed, 8 th October 2011. 75
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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,
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HOW DOES INTERNATIONAL LAW LINK IN
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intervention 4 and agrees more alon
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International Commission on State S
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considered jus cogens. 21 They did
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World Summit outcome document on R2
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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 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
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Page 88 and 89: military warfare then the civilian
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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
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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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