From Humanitarian Intervention to the Responsibility to Protect

Author(s):  
Kurt Mills ◽  
Cian O’Driscoll

In contrast with humanitarian access or the provision of humanitarian assistance, humanitarian intervention is commonly defined as the threat or use of force by a state to prevent or end widespread and grave violations of the fundamental human rights of individuals other than its own citizens, without the permission of the state within whose territory force is applied. In support of their cause, advocates of humanitarian intervention often draw upon and reference the authority of the notional “just war.” The four main ways by which humanitarian intervention has been connected to the idea of the just war relate to the ideals of self-determination, punishment, responsibility, and conditional sovereignty. For a humanitarian intervention to be considered legitimate, there must be a just cause for intervention; the use of force must be a last resort; it must meet the standard of proportionality; and there must be a good likelihood that the use of force will contribute to a positive humanitarian outcome. The historical practice of humanitarian intervention can be traced from the nineteenth century to the recognition of the Responsibility to Protect by the World Summit in 2005 and its application in Darfur. Major conceptual debates surrounding humanitarian intervention include the problematic relation between sovereignty and human rights, the legal status of intervention, the issue of multilateralism versus unilateralism, and the quest for criteria for intervention.

2017 ◽  
Vol 1 (1) ◽  
pp. 51-67
Author(s):  
Irawati Handayani

AbstractHuman rights issues have become a common topic that continuously being discussed around the world. The major concern of international community on the protection of basic human rights leads to a challenge for the nation state to fulfill its commitment to protect the basic rights of their people from the possibility of harm that comes from internally or externally. Meanwhile, the principle of mutual understanding and respect among states and non-interference to domestic affairs of particular state has been generally recognized as the main principle in international law. Sometimes, a conflict that occurred inside a state, which is theoretically becomes a domestic issue, could be escalated and become a mutual concern of international society. When a human right violation occurred inside a state, ideally international community can not only ‘sit and watch’. Especially when the violations are classified as grave breaches of human rights. The world community has a moral obligation to offer an assistance and search a solution to end that violations.It is cleary noted that Article 2 (4) and Article 2 (7) United Nations (UN) Charter should not be regarded as an absolute prohibition of interference. Those articles are the limitation so that the intervention should not endangered territorial integrity, political independence and not contrary to the purposes of UN. However, the territorial integrity would be broken if the state lose their territory permanently, and in the context of humanitarian intervention there is no taking over a territory, since the main purpose is only to restore the condition as a result of human rights violation that occurred. Based on this assumption so intervention not contrary to UN Charter. One thing should be emphasized is that the requirements for intervention have to be very clear.Following an unsettled debate on criterion of humanitarian intervention, a few years ago there were a new concept which is believed as an improvement or a ‘new face’ from humanitarian intervention. It called the doctrine of Responsibility to Protect. Generally, both of these concepts have similarity, especially with the main purpose on guarantee basic human rights and provide such protection when the authorized government is unable and unwilling to do so. However, the RtoP doctrine can not also avoid its controversy. The main discussion on this doctrine particularly questioning the legal status of this doctrine in international law and whether RtoP is only a new form of humanitarian intervention.Keywords: humanitarian internvention, responsibility to Protect (R2P), duty to protect, non intervention, customary international law.AbstrakIsu mengenai HAM telah menjadi topik umum yang terus menerus didiskusikan diseluruh dunia. Perhatian utama dari komunitas internasional dalam hal perlindungan mendasar HAM selanjutnya menantang negara-negara untuk melakukan pemenuhan komitmen mereka agar melakukan perlindungan hak-hak mendasar dan tindakan yang dapat mengancam baik secara internal maupun secara eksternal. Sementara itu prinsip salaing pengertian dan penghargaan antar negara, prinsip non-intervensi dalam hubungan domestik telah diakui sebagai prinsip utama dalam hukum internasional. Kadang, konflik yang lahir di dalam negeri, yang secara teori adalah konflik domestik, dapat menjadi perhatian bersama masyarakat internasional. Pada saat terjadi pelanggaran HAM didalam suatu negara, seharusnya komunitas internasional tidak hanya ‘duduk dan melihat’. Khususnya pada saat terjadi pelanggaran yang dikategorikan sebagai pelanggaran berat terhadap HAM. Komunitas negara mempunyai kewajiban moral untuk menawarkan bantuan dan mencari solusi untuk mengakhiri pelanggaran tersebut.Seperti yang dijelaskan dalam Pasal 2 (4) dan Pasal 2 (7) Piagam PBB, pasal-pasal ini tidak dapat diangap sebagai larangan absolut interfensi. Pasal-pasal tersebut adalah pembatasan sehingga intervensi tidak membahayakan inegritas wilayah, indpendensi politik dan tidak bertentangan dengan tuujuan PBB. Meskipun demikian, integritas wilayah dapat hilang apabila negara kehilangan wilayahnya secara permanen, dan dalam konteks intervensi kemanusiaan tidak ada pengambil alihan wilayah, karena tujuan utamanya hanya untuk mengembalikan kedaaan pada saat terjadinya pelanggaran HAM. Berdasarkan asumsi tersebut, maka intervensi tidak bertentangan dengan Piagam PBB. Hal lain yang harus diperjelas bahwa alasan intervensi haruslah jelas.Mengikuti perdebatan yang tidak kunjung sellesai tentang kriteria intervensi kemanusiaan, beberapa tahun yang lalu dibuatlah suatu konsep yang dianggap sebagai wajah baru dari intervensi kemanusiaan. Secara umum, kedua konsep ini mempunyai kesamaan, terutama dengan tujuan utama dalam menjamin HAM dan menyediakan sejumlah perlindungan pada saat pemerintah yang berwenang tidak mampu dan tidak dapat memberikan jaminan HAM. Meskipun demikian, Doktin RtoP tidak dapat terhindar dari kontroversi. Diskusi utama dari doktrin ini adalah pertanyaan tentang status hukum dari doktrin hukum internasional dan apakah RtoP merupakan bentuk lain dari intervensi kemanusiaaan. Kata kunci: intervensi kemanusiaan, tanggung jawab untuk melindungi (R2P), kewajiban perlindungan, non intervensi ̧ hukum kebiasaan internasional.


2020 ◽  
Vol 57 (3) ◽  
pp. 296-316
Author(s):  
Akanksha Singh

The concept of ‘Responsibility to Protect’ (R2P) took shape to refine the contested concept of ‘humanitarian intervention’. In the initial phase, the concept of R2P did not receive enthusiastic endorsement. Developing countries including India perceived it as a new body with the old spirit and likened it with the concept of humanitarian intervention, and this was reinforced by the US-led war against Iraq in 2003. However, the 2005 World Summit proved to be a watershed in the evolution of R2P, just as it is a landmark to understand an important phase of India’s approach to the idea. It would not be accurate to characterize India as a determined nay-sayer on R2P endorsement, particularly in view of the widely known priority India attached at the World Summit to the question of United Nations (UN) Security Council enlargement. Eventually, by 2009 (with the introduction of ‘three- pillar principles’ of R2P), India became a major proponent for the cautious and legitimate implementation of R2P. However, the experiences gained from Libya made India become a voice of caution in invoking forcible options under the R2P principle in Syria. In this article, the attempt has been made to articulate various permutations and combinations regarding India’s evolving approach to R2P on a case-by-case basis.


1973 ◽  
Vol 67 (2) ◽  
pp. 275-305 ◽  
Author(s):  
Thomas M. Franck ◽  
Nigel S. Rodley

In the Bangladesh crisis, two important objectives of international law appeared to be in conflict: that of peace and that of justice. The former objective is set out in the rules of the U.N. Charter against the use of force by states except in self-defense against an armed attack. The second is found in the provisions of the Charter and in various resolutions, declarations, and covenants pertaining to fundamental human rights and self determination.


Author(s):  
Spencer Zifcak

This chapter discusses the responsibility to protect, which has become the primary conceptual framework within which to consider international intervention to prevent crimes against humanity; it provides the background to the new doctrine’s appearance with a survey of the existing law and practice with respect to humanitarian intervention. It traces the doctrine’s intellectual and political development both before and after the adoption of the World Summit resolutions that embodied it. Debate about the doctrine has been characterized by significant differences of opinion and interpretation between nations of the North and the South. In that context, the chapter concludes with a detailed consideration of the contemporary standing of the doctrine in international law.


2017 ◽  
Vol 5 (1) ◽  
pp. 495
Author(s):  
Petra Perisic

In 2001 the International Commission on Intervention and State Sovereignty introduced a new doctrine of the “Responsibility to Protect (RtoP)”, which signified an obligation of each state to protect its population from mass atrocities occurring in that state, as well as an obligation on the part of international community to offer such protection if the state in question fails to fulfill its duty. The doctrine of RtoP was subsequently endorsed by states in the 2005 World Summit Outcome Document, though it was formulated more restrictively in comparison to the 2001 Report. In 2011 a conflict broke out in Libya between its ruler Muammar Gaddafi and the protesters against his rule. Government forces were brutal in their attempt to quell the protests and it was not long before different international bodies started to report mass violations of human rights. Surprisingly, the UN Security Council was not deadlocked by veto and passed the Resolution 1973, which invoked the RtoP principle and authorized the use of force. Supporters of RtoP hailed such an application of the principle and believed that the case of Libya was just a beginning of a successful bringing RtoP to life. Such predictions turned out to be premature. Not long after the Libyan conflict, the one in Syria began. Although Syrian people was faced with the same humanitarian disaster as Libyan did, the Security Council could not agree on passing of the resolution which would authorize the use of force to halt human rights violations. Two crises are being analyzed, as well as reasons behind such a disparate reaction of the Security Council in very similar circumstances.


Author(s):  
Richard Caplan

States – Western ones, at least – have given increased weight to human rights and humanitarian norms as matters of international concern, with the authorization of legally binding enforcement measures to tackle humanitarian crises under Chapter VII of the UN Charter. These concerns were also developed outside the UN Security Council framework, following Tony Blair’s Chicago speech and the contemporaneous NATO action over Kosovo. This gave rise to international commissions and resulted, among other things, in the emergence of the ‘Responsibility to Protect’ (R2P) doctrine. The adoption of this doctrine coincided with a period in which there appeared to be a general decline in mass atrocities. Yet R2P had little real effect – it cannot be shown to have caused the fall in mass atrocities, only to have echoed it. Thus, the promise of R2P and an age of humanitarianism failed to emerge, even if the way was paved for future development.


2014 ◽  
Vol 28 (2) ◽  
pp. 239-250 ◽  
Author(s):  
Andrew Gilmour

Ever since the Charter of the United Nations was signed in 1945, human rights have constituted one of its three pillars, along with peace and development. As noted in a dictum coined during the World Summit of 2005: “There can be no peace without development, no development without peace, and neither without respect for human rights.” But while progress has been made in all three domains, it is with respect to human rights that the organization's performance has experienced some of its greatest shortcomings. Not coincidentally, the human rights pillar receives only a fraction of the resources enjoyed by the other two—a mere 3 percent of the general budget.


Author(s):  
Charles Cater ◽  
David M. Malone

This chapter addresses the evolution of the responsibility to protect concept from September 1999 to its adoption in the World Summit Outcome Document of September 2005. It covers Kofi Annan’s ‘dilemma of intervention’, some early human security initiatives by Canada including the International Commission on Intervention and State Sovereignty (ICISS) and its report The Responsibility to Protect which first articulated the moniker as well as the concept, the High-Level Panel on Threats, Challenges and Change and the Secretary-General’s report In Larger Freedom, the negotiations and Outcome Document of the World Summit, and the early incorporation of protection of civilians within Security Council resolutions. Throughout this narrative, the importance of sustained advocacy by key individuals—including Kofi Annan, Lloyd Axworthy, and Gareth Evans among others—is presented as vital to the evolution (in theory and in practice) of the responsibility to protect.


Author(s):  
Alex J. Bellamy ◽  
Nicholas J. Wheeler

This chapter examines the role of humanitarian intervention in world politics. It considers how we should resolve tensions when valued principles such as order, sovereignty, and self-determination come into conflict with human rights; and how international thought and practice has evolved with respect to humanitarian intervention. The chapter discusses the case for and against humanitarian intervention and looks at humanitarian activism during the 1990s. It also analyses the responsibility to protect principle and the use of force to achieve its protection goals in Libya in 2011. Two case studies are presented, one dealing with humanitarian intervention in Darfur and the other with the role of Middle Eastern governments in Operation Unified Protector in Libya in 2011. There is also an Opposing Opinions box that asks whether the West should intervene in Syria to protect people there from the Islamic State (ISIS).


2018 ◽  
Vol 47 (1) ◽  
pp. 57-81 ◽  
Author(s):  
Emma Stone Mackinnon

This article argues that the Universal Declaration of Human Rights (UDHR), by claiming certain inheritances from eighteenth-century American and French rights declarations, simultaneously disavowed others, reshaping the genre of the rights declaration in ways amenable to forms of imperial and racial domination. I begin by considering the rights declaration as genre, arguing that later participants can both inherit and disavow aspects of what came before. Then, drawing on original archival research, I consider the drafting of the UDHR, using as an entry point the reception of the NAACP’s Appeal to the World petition, edited by W.E.B. DuBois. I reconstruct conversations within the drafting committee about the right to petition, self-determination, and the right to rebellion, and the separation of the Declaration from the rights covenants, to illustrate the allegiances between US racial politics and French imperial politics, and their legacies for our contemporary conceptions of human rights.


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