Whither the Responsibility to Protect? Humanitarian Intervention and the 2005 World Summit

2006 ◽  
Vol 20 (2) ◽  
pp. 143-169 ◽  
Author(s):  
Alex J. Bellamy

At the 2005 World Summit, the world‘s leaders committed themselves to the “responsibility to protect”, recognizing both that all states have a responsibility to protect their citizens from genocide, war crimes, ethnic cleansing and crimes against humanity and that the UN should help states to discharge this responsibility using either peaceful means or enforcement action. This declaration ostensibly marks an important milestone in the relationship between sovereignty and human rights but its critics argue that it will make little difference in practice to the world’s most threatened people. The purpose of this article is to ask how consensus was reached on the responsibility to protect, given continuing hostility to humanitarian intervention expressed by many (if not most) of the world‘s states and whether the consensus will contribute to avoiding future Kosovos (cases where the Security Council is deadlocked in the face of a humanitarian crises) and future Rwandas (cases where states lack the political will to intervene). It suggests that four key factors contributed to the consensus: pressure from proponents of the International Commission on Intervention and State Sovereignty, its adoption by Kofi Annan and the UN’s High Level Panel, an emerging consensus in the African Union, and the American position. Whilst these four factors contributed to consensus, each altered the meaning of the responsibility to protect in important ways, creating a doctrine that many states can sign up to but that does little to prevent future Kosovos and Rwandas and may actually inhibit attempts to build a consensus around intervention in future cases.

2020 ◽  
pp. 190-214
Author(s):  
Svetlana Bokeriya ◽  
Dmitriy Sidorov

The three-stage transformation in the framework of «humanitarian intervention – personal security – responsibility to protect (R2 P)» reflects the international community's search for the most effective forms of protecting the population from crimes against humanity, genocide, and ethnic cleansing. The concept of humanitarian intervention turned out to be untenable, and in 2005 the «responsibility to protect» was formalized. Responsibility to protect concept was intended to become an effective tool in the field of ensuring peace and security. The article deals with the approaches of the BRICS countries, which took an active part in the development of the R2 P, to its interpretation at the present stage. The contradictory semantic content and legal non-formality of the concept make it difficult to implement it in practice and divide R2 P researchers into two main groups. The key goal of the article is to study the evolution of the positions of the BRICS countries on R2 P.


2012 ◽  
Vol 4 (1) ◽  
pp. 33-66 ◽  
Author(s):  
Don Hubert ◽  
Ariela Blätter

In 2005 the UN’s World Summit endorsed the idea that its members have a responsibility to prevent and halt genocide, crimes against humanity, ethnic cleansing and war crimes. Insufficient attention has been paid to clarifying how the definitions and evolving jurisprudence relating to these international crimes can provide clarity in identifying the unlawful acts that the Responsibility to Protect seeks to prevent and to halt. Specifically, an analysis of the elements of the crimes establishes the following parameters: attacks directed against any civilian population, committed in a widespread or systematic manner, in furtherance of a state or organizational policy, irrespective of the existence of discriminatory intent or an armed conflict. This conclusion makes reference to four ‘crimes’ redundant: crime against humanity alone provides an appropriate framework for conceptualizing and implementing the Responsibility to Protect. Although analysts focused on international crimes tend to prioritize accountability, such an approach need not be reactive. The essence of the Responsibility to Protect is best characterized as international crimes prevention.


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.


Author(s):  
B. Welling Hall ◽  
Nadira Khudayberdieva

The notion of responsibility to protect (R2P) emerged as a legal challenge to what F. R. Teson called “the moral and legal enclosure of states.” The development of the R2P doctrine coincided with the surge in popularity of the democratic peace thesis, according to which the creation of a security community rests not on the existence of a common enemy, but on the “positive shared foundation of democracy and cooperation.” The R2P doctrine was developed by international lawyers in response to the failure of the international community to prevent or react effectively enough to the commission of genocide, war crimes, crimes against humanity, and ethnic cleansing in Rwanda, Bosnia, Haiti, and elsewhere during the last decade of the 20th century and the first of the 21st century. Some scholars of international law argue that R2P reconceptualizes sovereignty as a legal construct and expands the international toolkit for the peaceful prevention of deadly conflict. The International Commission on Intervention and State Sovereignty (ICISS) report, The Responsibility to Protect, lays emphasis on military intervention as a key component of R2P. Others, however, claim that R2P simply provides new, legal justifications for the use of force. International law scholarship on R2P is overwhelmingly dedicated to the question of when and how R2P might be invoked to support military intervention (jus ad bellum) and the relationship between R2P and international criminal tribunals (jus post bellum). One area that deserves attention from scholars is a “law instead of war,” or jus non bello.


2013 ◽  
Vol 5 (1) ◽  
pp. 109-125 ◽  
Author(s):  
Alex J. Bellamy

This article reflects upon the UN General Assembly’s 2012 informal interactive dialogue on the Responsibility to Protect (RtoP), which was on the theme of ‘timely and decisive response’. It shows that although Member States recognize that ‘timely and decisive’ responses to genocide, war crimes, ethnic cleansing and crimes against humanity could sometimes prove controversial, none disputed the occasional necessity of robust enforcement measures when properly authorized by the Security Council and used as a last resort. Against this backdrop, the paper identifies and engages with three of the key challenges that emerged in the dialogue: the relationship between the the three pillars of RtoP, the problem of consistency in the application of the principle, and the challenge of making prevention a ‘living reality’. The paper identifies ways of navigating these challenges and proposes a pathway for the further consolidation of RtoP in international practice.


2010 ◽  
Vol 2 (1) ◽  
pp. 1-31 ◽  
Author(s):  
James Pattison

States have recently agreed that there is a responsibility to protect populations threatened by genocide, war crimes, ethnic cleansing, and crimes against humanity. The international community, however, often lacks the resources and willingness to carry out a key part of this responsibility, that is, to undertake humanitarian intervention effectively when required. One potential solution to this problem is to outsource intervention to private military and security companies. In this article, I consider this option. In particular, I present a largely consequentialist argument which asserts that, when two conditions are met, using these companies to bolster the capacity to undertake humanitarian intervention might be morally justifiable overall.


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.


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.


2010 ◽  
Vol 2 (4) ◽  
pp. 371-387 ◽  
Author(s):  
Jeremy Sarkin

AbstractThis essay investigates the connection between humanitarian intervention and R2P within an historical, legal, and conceptual context. It challenges the widely held view that Africa lacks the capacity to intervene in areas of conflict and human rights violations, arguing instead that the continent possesses the will and instruments to protect human rights. The author notes that, while the UN Security Council retains the primary responsibility for promoting global peace and security, the R2P norm remains contested even within the UN. The ECOWAS interventions in Liberia and Sierra Leone in the 1990s were initially undertaken without UN approval, but were later sanctioned by the world body. These interventions undermined the idea of state sovereignty as independence from external interventions, which had previously constrained humanitarian missions in Africa. However, the essay argues that the R2P principle was boosted by the establishment of the International Criminal Court in 2002 to prosecute persons suspected of committing war crimes, crimes against humanity, and/or genocide. In addition, the intervention clause in the AU's Constitutive Act of 2000 supports the R2P principle while prohibiting unilateral interventions. Notwithstanding these developments, the author notes that the AU and Africa's regional bodies still have a long way to go in translating the R2P doctrine into practice.


2012 ◽  
Vol 4 (2) ◽  
pp. 241-272 ◽  
Author(s):  
Sahana Dharmapuri

Although the principle of the Responsibility to Protect has a number of supporters, there is still little agreement on institutional procedures to execute Responsibility to Protect (RtoP) systematically. This is due to a lack of consensus on how exactly to operationalize specific RtoP practices with regard to genocide, crimes against humanity, ethnic cleansing, and war crimes. The acceptance of this line of thinking is peculiar in its ignorance of the implementation of UN Security Council Resolution 1325 (UN 1325) on Women, Peace and Security, by militaries, both national and multinational, over the last five to ten years. Misunderstanding, underutilization, and neglect of the UN 1325 mandate within the RtoP community has caused many important developments in the field to be overlooked. This article attempts to begin filling that gap. It presents an overview of what UN 1325 is about and compares UN 1325 to the Responsibility to Protect agenda. It also examines how implementing UN 1325 in UN and NATO peace and security operations is pushing the RtoP agenda forward in practical, not theoretical, terms in three key areas of military peace and security operations – the transformation of doctrine, command structure, and capabilities.


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