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

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military warfare then the civilian population is still entitled to protection under international law. This means that all steps necessary will be taken to ensure that the release of dangerous forces will not affect the surrounding areas populated by civilians. 287 PRECAUTIONS AND PREVENTION TOOLS The parties to a conflict must ensure that legal advisors are available when necessary to advise military commanders at the appropriate level on the application of the Geneva Conventions and appropriate instruction must be given to all the armed forces on this subject. 288 Other precautions include providing reliable information to those who are in charge of military attacks so that objectives do not involve attacking civilians or civilian objects. Those that are in charge are required to do everything feasibly possible to ensure that the objective attack is neither near civilians nor civilian objects. The means and methods of attack must take into consideration avoidance of incidental loss of life, injury and damage to civilian objects or a combination of these. Where there is a choice between objectives, the one that causes the least danger to civilians and their objects should be chosen. 289 These rules apply to ground control as well as attacks from the sea and air. Parties to the conflict will avoid locating military objects in densely populated areas, 290 attacking non-defended localities 291 or extending operations into demilitarized zones. 292 Civil defence organisations are protected under this Convention. This includes their buildings, materials, and their personnel. They must be ensured respect and be protected at all times. They must be allowed to carry out their tasks except in cases of imperative military necessity. 293 In occupied areas or territories civilian civil defence organisations must receive from the authorities the facilities necessary for the performance of their tasks. The occupying power must not change the structure or the 287 Article 56.3 page 21 288 Article 82 page 33 289 Chapter iv article 57 (2) page 22 290 Articles 57 2 (b) and c, 57 (5), and 58, page 22 291 Article 59 (1) to 59 &) page 23 292 Article 60 pages 23 to 24 293 Article 62, page 25 88
personnel in any way that might jeopardize the efficient performance of their mission. 294 BASIC NEEDS The occupying power must ensure that provision of clothing, bedding, means of shelter and other supplies essential to the survival of the civilian population is supplied. Relief supplied by humanitarian organisations is not to be considered as interference in the armed conflict or as unfriendly acts. In the distribution of relief, priority must be given to children, expectant mothers, and nursing mothers. The parties to the conflict must allow rapid and unimpeded passage for all relief consignments, equipment and personnel. 295 THE RULES OF APPLICATION OF THIS CONVENTION The parties to the Geneva Conventions will ensure distribution of the conventions in times of war as well as in times of peace as widely as possible in their respective countries. This includes military instruction as well as instruction to the civilian population so that the armed forces as well as the civilian population at large know these instruments. 296 Breaches are considered grave when they are committed against protected persons and include the wounded, sick, shipwrecked, medical personnel, religious personnel, medical units, medical transporters and all others protected under the Conventions. 297 Grave breaches include making the civilian population or individuals the object of attack by launching indiscriminate attacks on them knowing that it will result in severe or excessive loss of life, injury to civilians or damage to civilian objects. This also includes making an attack on non-defended or demilitarized zones, or an attack on someone who is hors de combat or an attack on the Red Cross or by transferring one’s own civilian population into occupied areas in part or whole. Unjustified delay in repatriation of prisoners of war or civilians, as well as any other prohibited act listed in 294 Article 63, page 25 295 Article 69 (1) page 28 296 Article 83, page 33 297 Articles 83 to 85 pages 33, 34 89
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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
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Treaties (1969) now considered as c
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JURISPRUDENCE AND THE CODIFICATION
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Amador realised in the 1950s that i
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international organisations he said
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within the secondary category, it d
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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 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 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
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
Page 125 and 126: instructions but nevertheless actin
Page 127 and 128: were found to be a part of war crim
Page 129 and 130: BIBLIOGRAPHY (PRIMARY RESOURCES) In
Page 131 and 132: BIBLIOGRAPHY (PRIMARY RESOURCES) Un
Page 133 and 134: BIBLIOGRAPHY (SECONDARY RESOURCES)
Page 135 and 136: TABLE OF LEGAL CASES All cases can
Page 137 and 138: 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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