Abstract: As we limited by time, I will focus my comments on concept of responsibility to protect (R2P) in context of current work at United Nations, and its implementation in situations of Libya and Syria. 2005 WORLD SUMMIT In 2005, more than 150 heads of state unanimously embraced responsibility to protect. They declared that individual State has responsibility to protect its from genocide, war crimes, ethnic cleansing and crimes against humanity, and that the international community, through United Nations, also has responsibility ... to help protect populations from those crimes. THE THREE PILLARS OF R2P In addressing challenge of operationalizing R2P, Secretary-General has identified three pillars of action. Pillar I is enduring responsibility of states to protect their Pillar II is role of international community to assist states to protect their before crises and conflicts escalate to level of commission of R2P crimes. And Pillar III involves a commitment that states are prepared to take collective action in a timely and decisive manner, through Security Council, in accordance with Charter ... where national authorities manifestly failing to protect their populations. The commitment also includes action under Chapters VI and VIII, as well as under Chapter VII, and includes cooperation with relevant regional organizations, as appropriate. And, of course, concept is necessarily limited by legal framework provided under Charter. Any decision of Security Council to take action would require concurring votes of each permanent member. This underscores that R2P does not create any additional exceptions to prohibition on use of force under Charter--the exceptions being acts in self defense and acts authorized by Security Council. Most states have agreed that role of United Nations should focus, at outset, on prevention. The challenge for giving true practical meaning to concept is thus to work out how UN can best assist states to protect their before crisis situations occur, particularly as there will be situations in which Security Council will not authorize enforcement action under Chapter VII. This challenge has yet to be met, and, of course, differs with each unique situation. R2P GIVES EXPRESSION TO IMPORTANT INTERNATIONAL DEVELOPMENTS R2P gives expression to what has become a global-wide conviction that it is immoral and unacceptable for states to allow gross violations of human rights of their populations, and that international community has a responsibility to prevent these crimes. In this light, R2P has grown out of a number of important developments. It reflects a recognition of changing nature of conflict since drafting of Charter in 1945--today most conflicts occur within states rather than between them. It signifies a broad acceptance of fundamental principles of human rights, and reinforces normative content of crimes of genocide, war crimes (ethnic cleansing), and crimes against humanity. And it affirms states' obligations under international law to prevent, prosecute, and punish these crimes. At heart of R2P is recognition that state sovereignty--the cornerstone of international relations--entails responsibility. States have a responsibility to protect their from R2P crimes. Building upon this responsibility is positive obligation which is placed upon international community to assist states to meet their responsibilities and to take action where these responsibilities not met. This notion of sovereignty as responsibility underscores that sovereignty is basis for a certain status and authority under international law, as well as for enduring obligations towards one's people. …
Publication Year: 2012
Publication Date: 2012-01-01
Language: en
Type: article
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