Author: Richard Barnes
Publisher: International Law
ISBN: 9781780682648
Category : Responsibility to protect (International law).
Languages : en
Pages : 0
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Book Description
This book explores the extent to which Responsibility to Protect shifts our understanding of both the potential and practice of international law.
Author: Angeliki Samara
Publisher: Routledge
ISBN: 9780367532826
Category : Responsibility to protect (International law)
Languages : en
Pages : 210
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Book Description
This book offers a critical appraisal of the international legal idea of the 'Responsibility to Protect'. This original approach to an increasingly important topic will prove invaluable to those working in international law, international relations, politics and legal theory.
Author: Natalie Oman
Publisher: Routledge
ISBN: 1317017919
Category : Law
Languages : en
Pages : 243
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Book Description
This book tracks the development of the emerging international legal principle of a responsibility to protect over the past two decades. It contrasts the influential version of the principle introduced by the International Commission on Intervention and State Sovereignty in 2001 with subsequent interpretations of the responsibility to protect advocated by the United Nations through its human protection agenda, and reviews the dangers and inconsistencies inherent in both perspectives. The author demonstrates that the evolving responsibility to protect principle can be recruited to support a wide range of irreconcilable projects, from those of cosmopolitan constitutionalism to those of hegemonic international law. However, despite the dangers posed by this susceptibility to conceptual hijacking, Oman argues that the responsibility to protect, like human rights, is an essential a modern emancipatory formation. To remedy this dangerous malleability, the author advocates a third, distinctive interpretation of the responsibility to protect designed to limit its cooptation by liberal anti-pluralist and hegemonic international law agendas. Oman outlines the key features of such a minimalist conception, and explores its fit with the "RtoP" version of the responsibility to protect promoted in recent years by the UN. The author argues that two crucial features missing from the UN reading of the principle should be developed in future: an acknowledgement of the role of non-state actors as bearers of the responsibility to protect, and a recognition of the principle's legal character. Both of these aspects of the principle offer means to democratize the international law-making enterprise.
Author: SONJA GROVER
Publisher: Routledge
ISBN: 113498961X
Category : Political Science
Languages : en
Pages : 316
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Book Description
This book presents the views of various international law and human rights experts on the contested meaning, scope of application, value and viability of R2P; the principle of the Responsibility to Protect . R2P refers to the notion that the international community has a legal responsibility to protect civilians against the potential or ongoing occurrence of the mass atrocity crimes of genocide, large scale war crimes, ethnic cleansing and crimes against humanity. R2P allows for intervention where the individual State is unable or unwilling to so protect its people or is in fact a perpetrator. The book addresses also the controversial issue of whether intervention by States implementing R2P with or without the endorsement of the United Nations Security Council constitutes a State act of aggression or instead is legally justified and not an infringement on the offending State’s sovereign jurisdiction. The adverse impact on global peace and security of the failure to protect civilians from mass atrocity crimes has put in stark relief the need to address anew the principle of ‘responsibility to protect’ and the feasibility and wisdom of its application and this book is a significant contribution to that effort. This book was originally published as a special issue of the International Journal of Human Rights.
Author: Richard Barnes
Publisher:
ISBN: 9781780687483
Category : Responsibility to protect (International law)
Languages : en
Pages : 467
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Book Description
The history of international law is replete with concepts that have generated change: individual criminal responsibility, common heritage of mankind and sustainable development to name but a few. These are concepts that have influenced the scope, structure and purpose of international law. This book explores the extent to which Responsibility to Protect (R2P) possesses the same transformative potential, showing how R2P shifts our understanding of both the potential and practice of international law. Responsibility to Protect is both an ambitious and an ambiguous concept in international law. Ambiguity creates space for debate and the potential for legal development, but it may also generate misunderstanding, false expectations and uncertainty. Despite its ambiguity, R2P has quickly found a place within international legal texts. At the same time its ambiguity -or rather the tensions the concept generates - has also helped generate an enormous range of scholarship. This collection of essays presents a more fundamental critical evaluation of R2P, exploring how it interacts with existing concepts and values, and how this influences normative developments within international law. In particular, the essays explore the influence of R2P upon sovereignty as responsibility, the continued advance of positive human rights obligations and the safeguarding of international community interests. These themes are explored in a range of essays written by new and established scholars. The essays explore the moral and political foundations of R2P, the expansion of R2P to non-state actors, and the interaction between R2P and certain branches of international law, such as use of force, responsibility as liability, humanitarian law and international criminal law. With contributions by: Richard A. Barnes, Vassilis P. Tzevelekos, Henry Jones, Markus P. Beham, Ralph R.A. Janik, Tony Ward, Nabil Hajjami, John Heieck, Julia Schmidt, Nigel D. White, Antal Berkes, Jennifer Dee Halbert, Hitoshi Nasu, Humberto Cantú Rivera, Kasey L. McCall-Smith, Lucas Lixinski, Sophie Rondeau, Raphaël van Steenberghe, David Turns, Vito Todeschini, Barbara Sonczyk, Lindsay Moir, Ludovica Poli, Tomoko Yamashita, Lenneke Sprik, Elena Katselli and Nicholas Tsagourias.
Author: Alex J. Bellamy
Publisher: Brill Nijhoff
ISBN: 9789004188693
Category : Government liability (International law).
Languages : en
Pages : 0
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Book Description
The Responsibility to Protect (R2P) is a major new international principle, adopted unanimously in 2005 by Heads of State and Government. Whilst it is broadly acknowledged that the principle has an important and intimate relationship with international law, especially the law relating to sovereignty, peace and security, human rights and armed conflict, there has yet to be a volume dedicated to this question. The Responsibility to Protect and International Law fills that gap by bringing together leading scholars from North America, Europe and Australia to examine R2P's legal content. The Responsibility to Protect and International Law focuses on questions relating to R2P's legal quality, its relationship with sovereignty, and the question of whether the norm establishes legal obligations. It also aims to introduce readers to different legal perspectives, including feminism, and pressing practical questions such as how the law might be used to prevent genocide and mass atrocities, and punish the perpetrators.
Author: Yasmine Nahlawi
Publisher: Routledge
ISBN: 0429865708
Category : Law
Languages : en
Pages : 156
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Book Description
This book offers a novel and contemporary examination of the ‘responsibility to protect’ (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P’s three component pillars to examine their international legal underpinnings, drawing upon diverse legal frameworks – including the laws of the UN, laws of international organisations, human rights law, humanitarian law, criminal law, environmental law, and laws of State responsibility – to extract conclusions regarding existing and emerging host and third-State obligations to prevent and react to mass atrocity crimes. It uses this legal grounding to critically examine specific aspects of the Libyan and Syrian R2P cases, engaging with some of the more traditional debates surrounding R2P’s application, most notably those that pertain to the use of force (or lack thereof), but also exploring some of the less-researched non-military methods that were or could have been employed by States and international organisations to uphold the doctrine. Such an analysis captures the diversity in the means and actors through which R2P can be implemented and allows for the extraction of more nuanced conclusions regarding the doctrine’s strengths and limitations, gaps in enforceability, levels of State support, and future trajectory. The book will be of interest to scholars and students in the field of international law and human rights law.
Author: International Commission on Intervention and State Sovereignty
Publisher: IDRC
ISBN: 9780889369634
Category : Law
Languages : en
Pages : 432
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Book Description
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
Author: Angeliki Samara
Publisher: Routledge
ISBN: 1000167801
Category : Law
Languages : en
Pages : 242
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Book Description
This book offers a critical appraisal of the international legal idea of the ‘Responsibility to Protect’. The idea that the international community has a responsibility to protect populations at risk has become the prominent mode and structure of address in response to mass human atrocities, gross human rights violations, and large-scale loss of life. Although the "international community" of liberal international law and of legal cosmopolitanism for the most part projects a self-assured collective project, this book maintains that it transforms global ethical responsibility into a project of governance, management, and control. Pursuing this argument, and drawing on critical legal literature, critical international relations and on ideas of responsibility and ethical relationality in the work of Jacques Derrida and Judith Butler, the book develops a concept of "irresponsibility". This concept is then juxtaposed to the dominant Responsibility to Protect discourse. By exposing and acknowledging "the sites of irresponsibility" of the Responsibility to Protect, the book argues that irresponsibility itself can become the condition of ethical responsibility and the possibility of justice. This original approach to an increasingly important topic will prove invaluable to those working in international law, international relations, politics and legal theory.
Author: Gareth Evans
Publisher: Rowman & Littlefield
ISBN: 0815701802
Category : Political Science
Languages : en
Pages : 369
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Book Description
"Never again!" the world has vowed time and again since the Holocaust. Yet genocide, ethnic cleansing, and other mass atrocity crimes continue to shock our consciences—from the killing fields of Cambodia to the machetes of Rwanda to the agony of Darfur. Gareth Evans has grappled with these issues firsthand. As Australian foreign minister, he was a key broker of the United Nations peace plan for Cambodia. As president of the International Crisis Group, he now works on the prevention and resolution of scores of conflicts and crises worldwide. The primary architect of and leading authority on the Responsibility to Protect ("R2P"), he shows here how this new international norm can once and for all prevent a return to the killing fields. The Responsibility to Protect captures a simple and powerful idea. The primary responsibility for protecting its own people from mass atrocity crimes lies with the state itself. State sovereignty implies responsibility, not a license to kill. But when a state is unwilling or unable to halt or avert such crimes, the wider international community then has a collective responsibility to take whatever action is necessary. R2P emphasizes preventive action above all. That includes assistance for states struggling to contain potential crises and for effective rebuilding after a crisis or conflict to tackle its underlying causes. R2P's primary tools are persuasion and support, not military or other coercion. But sometimes it is right to fight: faced with another Rwanda, the world cannot just stand by. R2P was unanimously adopted by the UN General Assembly at the 2005 World Summit. But many misunderstandings persist about its scope and limits. And much remains to be done to solidify political support and to build institutional capacity. Evans shows, compellingly, how big a break R2P represents from the past, and how, with its acceptance in principle and effective application in practice, the promise of "Never again!" can at last become a reality.
