The Responsibility to Protect and the Responsibility While Protecting: Why Did Brazil Write a Letter to the UN?

2013 ◽  
Vol 82 (4) ◽  
pp. 459-486 ◽  
Author(s):  
Inger Österdahl
Keyword(s):  
International Law ◽  
Security Council ◽  
International Community ◽  
Responsibility To Protect ◽  
General Assembly ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
Additional Layer ◽  
Un Security Council

The responsibility to protect was invoked by the United Nations (UN) Security Council in support of its authorization of a military intervention in Libya in 2011. In the wake of the intervention, Brazil approached the UN with a new doctrine: the responsibility while protecting. The responsibility while protecting implies a greater degree of caution on the part of the international community in its exercise of the responsibility to protect. Intentionally or unintentionally, Brazil mixes aspects of the jus ad bellum with aspects of the jus in bello in the new doctrine. This is controversial and potentially detrimental to both areas of law. An additional layer of limitations on the use of armed force in multinational peace operations is introduced beyond the existing restrictions on warfare following from international humanitarian law. A lack of clarity pertaining to the use of force and to the respective roles of the Security Council and the General Assembly in this respect in the exercise of the responsibility to protect contribute to making the responsibility while protecting seem increasingly enigmatic. Interpreted constructively, however, the responsibility while protecting simply urges the international community to follow international law. This would be good.

The Responsibility to Protect and the Fate of the Rohingya

2019 ◽  
Vol 11 (4) ◽  
pp. 435-450
Author(s):  
Simon Adams
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
International Law ◽  
Security Council ◽  
War Crimes ◽  
International Community ◽  
Responsibility To Protect ◽  
Crimes Against Humanity ◽  
Ethnic Cleansing ◽  
Un Security Council

The failure of the international community to adequately respond to patterns of discrimination against the ethnic Rohingya minority in Myanmar (Burma) eventually led to a genocide. The so-called “clearance operations” launched by Myanmar’s military in August 2017 tested the resilience of the international community’s commitment to defending human rights and upholding its Responsibility to Protect (R2P) populations from genocide, ethnic cleansing, crimes against humanity and war crimes. Two years later the UN Security Council has still not adopted a single resolution to name the crime committed against the Rohingya, or to hold the perpetrators accountable. Nevertheless, Rohingya survivors and international civil society have continued to campaign for justice under international law, and to advocate for targeted sanctions to be imposed on those responsible for atrocities. Faced with an inert Security Council, some UN member states have adopted inventive diplomatic measures to uphold their responsibility to protect.

scholarly journals The Relationship between the Un Security Council and General Assembly in Matters of International Peace and Security

2016 ◽  
Author(s):  
Nigel D. White
Keyword(s):  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Responsibility To Protect ◽  
General Assembly ◽  
International Peace ◽  
Un Security Council ◽  
Peace And Security ◽  
Un General Assembly ◽  
The Relationship

This chapter examines the division of competence between the UN Security Council and the UN General Assembly concerning matters of international peace and security but placed within the context of the prohibition on the use of force. Although the Security Council can authorize the use of force by states, what is not clear is whether the General Assembly can recommend that states take military action. The chapter considers the conundrum faced by the United Nations with respect to an imminent and catastrophic use of force or act of egregious violence, when the UN Security Council is deadlocked because of the lack of agreement between the permanent members. It discusses the debate over the legality of the (in)famous Uniting for Peace Resolution of 1950 within the context of the emerging principle of a Responsibility to Protect (R2P) as well as within existing principles of international law.

scholarly journals EFEKTIVITAS SANKSI DEWAN KEAMANAN PERSERIKATAN BANGSA-BANGSA TERHADAP KONFLIK BERSENJATA DI SURIAH

2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Teddy Nurcahyawan ◽  
Lauw Wisnu
Keyword(s):  
Civil War ◽  
Middle East ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Arab Spring ◽  
Security Council Resolution ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Step Down

As a soverign state in the Middle East, Syria has received badly effect of Arab Spring revolution. Thousand of students launched demonstration claiming Bashar Al-Assad to step down. In response to it, Bashar Al-Assad attacked the prodemocracy students by arresting and torturing them. This arms conflict has not only brought many civilians as victims of civil war but involved some other foreign states as well. To avoid matters worse, Security Council of United Nations has issued a Resolution Number 2328/2016 to give sanctions affirming Bashar-Assad to have violated international humanitarian law. The question comes up whether or not this resolution could present the effectiveness of the sanctions. This research has revealed that the Security Council Resolution is effective and Syria has complied with it in line with the international law.  

“The Rights and Obligations of Parties to International Armed Conflicts”

2018 ◽  
Author(s):  
Janina Dill
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Community ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Rule Of Law ◽  
Community Interest ◽  
The Individual

This chapter argues that the process commonly described as the development of international law “from bilateralism to community interest” should be dis-aggregated into its formal, procedural, and substantive dimensions. A move away from formal and procedural bilateralism is always a move towards community interest because it furthers the rule of law. In contrast, a move away from formal/procedural bilateralism does not guarantee a better protection of the community’s substantive interests. International humanitarian law is a trailblazer of procedural and formal progress, yet a slacker in the substantive move toward what is commonly taken to be community interest: protecting the individual. The chapter further shows that alongside protecting the individual, the international community has a second competing substantive interest in the regulation of warfare: preserving military efficacy. International humanitarian law’s development highlights that progress in international law is more complex than the phrase “from bilateralism to community interest” suggests .

COUNTERING “FOREIGN TERRORIST FIGHTERS”: A CRITICAL APPRAISAL OF THE FRAMEWORK ESTABLISHED BY THE UN SECURITY COUNCIL RESOLUTIONS

2016 ◽  
Vol 25 (1) ◽  
pp. 227-250
Author(s):  
Francesca Capone
Keyword(s):  
Security Council ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Refugee Status ◽  
Un Security Council ◽  
International Refugee Law ◽  
Definition Of ◽  
Terrorist Acts

Terrorism constitutes one of the most serious threats to international peace and security. The newest challenge posed by this threat is represented by the phenomenon of “foreign terrorist fighters”. Current estimates place the number of foreigners who have joined the ongoing armed conflicts in the Middle East between 20,000 and 30,000. How many of these foreign fighters also fall within the definition of foreign terrorist fighters (i.e. those travelling abroad with a “terrorist” intent) provided by UN Security Council Resolution 2178 (2014) is very difficult to assess. In primis because the resolution refers to “terrorists”, “terrorist acts”, and “terrorist training” without actually defining “terrorism” and thus leaving to each Member State the task to determine the breadth and the contours of this concept. Secondly because the text lacks legal certainty with regard to many other crucial aspects, e.g., the relationship between counter-terrorism and international humanitarian law, the interpretation of the term “State of residence”, and the risk of abuse of refugee status. These shortcomings not only jeopardize the ability to implement a uniform approach, but they also increase the likelihood of fostering abusive responses. This article argues that Resolution 2178 has not been adopted in a legal vacuum, on the contrary it extensively builds on the anti-terrorism framework established by previous Security Council resolutions and thus it inherits and exacerbates many old and unresolved issues. Ultimately, the present article seeks to determine to what degree the new set of binding obligations placed upon Member States to thwart the phenomenon of foreign terrorist fighters is effective and it discusses the extent to which it could enhance or hinder counter-terrorism’s compliance with international human rights law, international humanitarian law and international refugee law.

The International Criminal Tribunal for Rwanda: Its role in the African context

1997 ◽  
Vol 37 (321) ◽  
pp. 685-693
Author(s):  
Djiena Wembou
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Community ◽  
United Nations Security Council ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Face ◽  
African Context

In the face of the atrocities committed in Rwanda between April and July 1994, the international community committed itself to ensuring respect for international humanitarian law and trying those responsible for breaches of it. Thus, on 8 November 1994, the United Nations Security Council adopted resolution 955 creating the International Criminal Tribunal for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and of Rwandan citizens responsible for such acts committed in the territory of neighbouring States.

scholarly journals Towards International Legitimization of the Responsibility to Protect’s Third Pillar

2019 ◽  
Vol 8 (3) ◽  
pp. 50
Author(s):  
Arsalan H. AlMizory
Keyword(s):  
International Law ◽  
Security Council ◽  
Responsibility To Protect ◽  
Sovereign State ◽  
New Era ◽  
The Past ◽  
Un Security Council ◽  
Mass Atrocity ◽  
Atrocity Crimes

Over the past few years, the question whether international law permits the use of force not in response to existing violence but to avert and prevent mass atrocity crimes occurring within the boundaries of a sovereign State has taken on added significant in the aftermath of the humanitarian tragedies of the 1990s. Responsibility to Protect (R2P) is a complicated and emerging norm of international law, which represents the start of a new era for the United Nations (UN), seeks to provide a means for the Security Council to take enforcement measures under Chapter VII to prevent mass atrocity crimes. The research discusses that when the Security Council is deadlock and peaceful measures have been exhausted, it is important to have a legal basis of using limited armed force as a last resort in the name of humanitarian intervention, to avert overwhelmingly atrocity crimes that a government has shown it is unwilling or unable to prevent. The research analyzes the case of Syria as a case study, which demonstrates that the presence of certain conditions enables the UN Security Council to implement R2P norm to save civilian populations from mass human rights violations.

scholarly journals The Use of PMSCs by the United Nations in Times of Armed Conflict, Application of IHL and Responsibility Matters

2017 ◽  
Author(s):  
Javier Gamarro González
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations

The companies dealing with military and security matters are on the rise, and today they provide services to a very wide client list, which includes states and international organizations (IOs). It is well known that these companies have been deployed in a large number of armed conflicts, and indeed, some of them have become prominent in the sector not only for their military results but also for their abuses of international humanitarian law and human rights. Surprisingly, it is lesser known that the United Nations (UN) has also had recourse to private military and security companies in the context of United Nations military operations with regard to the maintenance of international peace and security.The engagement of private military security companies in UN peace operations entails multiple legal questions. This dissertation is especially intended to shed some light over the extent to which PMSCs deployment in UN peace operations is compatible with international humanitarian law and how the law of institutional responsibility deals with the violations of international humanitarian law committed by such companies when providing services to the UN. For that purpose and to that extent due recourse has been made to the most relevant international law sources on the matter, such as the Geneva Conventions, their Additional Protocols, and other relevant instruments such as the ILC Articles on State and IO responsibility, and the Montreux Document. Jus cogens and international custom, including the practice of international organizations and states, and opinion juris as ascertained by legal scholars and the International Court of Justice, play an essential role in this dissertation, since the United Nations has not become yet a party to any IHL treaty, thus employing an inductive methodology. A comparative approach was adopted in regard to the observations of the most eminent institutions and jurists, and domestic and international courts, including the International Court of Justice and the European Court of Human Rights for the purpose of ascertaining the different rules of attribution of conduct existing in international law. Besides, certain decisions of the latter Court were analysed in order to clarify by analogy whether the application of international humanitarian law and the imputation of acts can function under the same degree of control test.

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