The Bridging Capacity of Realist Constructivism: The Normative Evolution of Human Security and the Responsibility to Protect

2020 ◽  
pp. 171-192
Author(s):  
Andreea Iancu
Keyword(s):  
Human Rights ◽  
International Security ◽  
International System ◽  
Human Security ◽  
Responsibility To Protect ◽  
Customary Law ◽  
State Sovereignty ◽  
The Core ◽  
Security Discourse ◽  
Core Practices

This chapter is an inquiry into the evolution and implementation of the controversial norm of responsibility to protect in the international community, with respect to the effects it produces in international customary law. It looks into the changes in the security discourse induced by the norms that emphasize human rights, which impact the core practices of the international system, as reasons for intervention, international security, and state sovereignty. It traces the normative evolution of human-centered principles, by identifying their commonalities, their institutional markers, and their presence in the discourse of international actors. The chapter scrutinizes the international community’s internalization of the normative frameworks of human security and the responsibility to protect by testing them on two hard cases; the conflicts in Libya and Syria.

Gendering the new hero narratives: Military death in Denmark and Sweden

2017 ◽  
Vol 53 (1) ◽  
pp. 23-41 ◽  
Author(s):  
Cecilia Åse ◽  
Maria Wendt
Keyword(s):  
Human Rights ◽  
International Security ◽  
The Core ◽  
Collective Emotions ◽  
Security Discourse ◽  
Gender Ideals ◽  
The Media ◽  
Media Narratives ◽  
International Security Assistance Force ◽  
The Empirical Analysis

During the 20th century, wars were fought primarily in the name of protecting the homeland. Making the ‘ultimate sacrifice’ was a national masculine duty and a key feature of military heroism. Today, human rights and international values justify war-making and legitimise military action. In one of these post-national wars, the International Security Assistance Force operation in Afghanistan, more than 700 European soldiers have lost their lives. How have these deaths been legitimised, and how has the new security discourse affected notions of masculinised heroism and sacrifice? This article investigates how the dimensions of national/international and masculinity/femininity are negotiated in media narratives of heroism and sacrifice in Denmark and Sweden. Regarding scholarly discussions on the professionalisation, individualisation and domestication of military heroism, the empirical analysis demonstrates that the Danish/Swedish nation remains posited as the core context for military heroism and sacrifice. In the media narratives, professionalism is represented as an expression of specific national qualities. The media narratives conflate nation and family and represent military heroes as distinctively masculine and national figures. It is argued that a family trope has become vital in present-day hero narratives. This trope is disposed towards collective emotions, national loyalty and conservative gender ideals.

scholarly journals Should the Responsibility to Protect be Enshrined in International Law?

2012 ◽  
Vol 6 (1) ◽  
Author(s):  
Amanda Lo
Keyword(s):  
Human Rights ◽  
Moral Responsibility ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International System ◽  
Responsibility To Protect ◽  
International Criminal Law ◽  
State Sovereignty ◽  
The Stability

While states admit a moral responsibility to take action against states that violate human rights and international criminal law, international law does not create any legally binding obligations on states to prevent or punish violators of human rights. Yet, enshrining the “responsibility to protect” in international law will only threaten the stability of the international system that has long operated based on the norm of state sovereignty and the principle of non-interference.

The Genesis of R2P

2016 ◽  
Author(s):  
Charles Cater ◽  
David M. Malone
Keyword(s):  
Security Council ◽  
Human Security ◽  
Responsibility To Protect ◽  
State Sovereignty ◽  
World Summit ◽  
Gareth Evans ◽  
The World ◽  
High Level ◽  
Early Human ◽  
Outcome Document

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.

The Responsibility to Protect (R2P) and Responses from Southeast Asia

2019 ◽  
pp. 17-42
Author(s):  
See Seng Tan
Keyword(s):  
United Nations ◽  
Southeast Asia ◽  
International Security ◽  
Humanitarian Intervention ◽  
The State ◽  
Responsibility To Protect ◽  
State Sovereignty ◽  
International Commission ◽  
Policy Debate ◽  
A Charge

This chapter examines extant understandings of sovereignty as responsibility, beginning with the idea of sovereign responsibility as conceptualised by Francis Deng and his collaborators, who contend that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies. The understanding is foundational to the thinking behind the 2001 International Commission on Intervention and State Sovereignty (ICISS) report, which introduced the responsibility to protect (R2P) with the aim to popularise the concept of humanitarian intervention and democracy-restoring intervention. Since its endorsement by the United Nations, the R2P has evolved through efforts by the UN and others to enhance, operationalise as well as to implement it in actual crisis situations – with varying degrees of success and in some instances not without controversy. The chapter discusses the relevance of the sovereignty as responsibility idea to Southeast Asia. It also examines the existing academic and policy debate over the R2P and its relevance to international security and sovereign responsibility, as well as its ambivalent reception in Southeast Asia.

scholarly journals The Concept of an International Institutional Bypass

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 231-235
Author(s):  
Mariana Mota Prado ◽  
Steven J. Hoffman
Keyword(s):  
Human Rights ◽  
International Trade ◽  
International Institutions ◽  
International Security ◽  
International System ◽  
Second World War ◽  
International Treaties ◽  
World War ◽  
The Creation ◽  
Second World

The rapid proliferation of international institutions has been a defining feature of the postwar international architecture. Since the end of the Second World War, the international system has seen the creation of thousands of international treaties and organizations that have established rules governing a multitude of issues that range from international security to human rights, and from international trade to the environment.

scholarly journals Ensuring human security by optimizing the decision-making process in the Republic of Moldova

Moldoscopie ◽  
2021 ◽  
Author(s):  
Serghei Sprincean ◽  
◽  
Tudorița-Sanda Sohotchi ◽  
Keyword(s):  
Human Rights ◽  
International System ◽  
Human Security ◽  
Point Of View ◽  
Special Role ◽  
Negative Consequences ◽  
Global Crisis ◽  
Republic Of Moldova ◽  
Security Issues ◽  
The Republic

The term human security arose mainly from the need to change the concept of security by emphasizing the special role of a person in the process of ensuring it. Another main reason in the process of emerging and substantiating the concept of human security was the need to find viable solutions to the current global crisis and the crisis of protecting and promoting human rights, initiating a change in security as a fundamental element in the relationship between the individual, society and nature. From a practical point of view, human security contributes to solving a problem of major global importance: determining the prospects for the international system and human civilization as a whole to counter the negative consequences of the global crisis associated with new needs in the field of human rights. In the Republic of Moldova, security issues, in addition to the other roles and functions they play in the political sphere, are becoming more and more acceptable ways and means of influencing the process of making strategic political decisions.

scholarly journals International Law, Sovereignty and the Responsibility to Protect: An Overview

2018 ◽  
Vol 11 (4) ◽  
pp. 40
Author(s):  
Thomas Prehi Botchway
Keyword(s):  
International Law ◽  
International System ◽  
Responsibility To Protect ◽  
State Sovereignty ◽  
International Commission ◽  
Major Powers ◽  
Sovereign Equality ◽  
International Regulations ◽  
The Subject ◽  
Style Of Writing

This paper is an attempt at analysing the intricacies between international law, the concept of Responsibility to Protect and its implications for the sovereignty of modern states. The paper examines how the concept of responsibility to protect (as stipulated by the International Commission on Intervention and State Sovereignty (ICISS)) impacts on the sovereignty of states. It adopts the essay style of writing and reviews a number of documents on the subject of international law, sovereignty and the responsibility to protect. The paper consequently argues that though the ICISS claims that its “purpose is not to license aggression with fine words, or to provide strong states with new rationales for doubtful strategic designs” (ICISS, 2001, p. 35), the Commission’s very attempt to exempt the permanent five and other so-called major powers from intervention does just that whether intentionally or unintentionally. It consequently recommends that much effort should be made to address the inequalities within the international system through the formulation of appropriate policies and international regulations that address the sovereign equality of states in the international system, especially on the question of intervention.

scholarly journals Responsibility to Protect sebagai Bentuk Perlindungan Hak Asasi Manusia di ASEAN

Lentera Hukum ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 16
Author(s):  
Norilla Norilla ◽  
Eddy Mulyono
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Responsibility To Protect ◽  
Customary Law ◽  
International Court Of Justice ◽  
Intergovernmental Organization ◽  
International Court ◽  
The United Nations

Association of Southeast Asian Nations (ASEAN) established on August 8, 1967 still accords to the principle of non-intervention which has been arranged in the ASEAN Charter. This principle, however, has been debated among ASEAN members, specifically when it is dealt with human rights. While the instutionalization is one of ASEAN’s achievements, human rights become one of pivotal issues in Southeast Asia which subsequently raises questions on the commitment of ASEAN to support the Responsibility to protect at the Summit on 2005. This article revisits the responsibility to protect in international law which is accorded to international customary law of Article 38 paragraph (1) of the Statute of International Court of Justice (ICJ). By using legal research, this article asserts that the responsibility to protect is essentially applicable to be adopted by regional intergovernmental organization like ASEAN, though it was initially only adopted by the Security Council of the United Nations. But, the principle of non-intervention would be the primary barrier to applying it. Therefore, this article recommends to wielding power to the Security Council of the United Nations with respect to solving such problem at the ASEAN level with the following idea to include ASEAN as the UN member. Keywords: Responsibility to protect, Human Rights, ASEAN

scholarly journals Humanitarian intervention and the protection of civilian populations

2009 ◽  
Vol 61 (1-2) ◽  
pp. 7-35
Author(s):  
Isiaka Badmus
Keyword(s):  
Human Rights ◽  
Vulnerable Populations ◽  
Humanitarian Intervention ◽  
Human Security ◽  
The State ◽  
Responsibility To Protect ◽  
Classical Approach ◽  
Critical Question ◽  
Human Rights Abuses ◽  
State Relations

The author interrogates the critical question of whether forcible humanitarian intervention be legitimised in spite of clear contradiction to the classical norms of inter-state relations. Classical approach puts emphasize on the principle of sovereignty when governments become the perpetrators of human rights abuses of their citizens, or if states have collapsed into civil war, chaos, and disorder. The author examines this security debate by juxtaposing the age-old doctrine of humanitarian intervention vis-?-vis the imperatives of the concept of ' Responsibility to Protect'. The author argues that humanitarian intervention, due to the ambiguities and controversies surrounding its application, has become an anachronism, which ultimately led to the conceptualisation of Responsibility to Protect vulnerable populations. This approach is based on its concerns with human security as against that of the state and its relevance as arbiter to the longstanding discord between sovereignty and intervention.

The International Law of Peace

2021 ◽  
pp. 58-76
Author(s):  
Cecilia M. Bailliet
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Security ◽  
Responsibility To Protect ◽  
Conflict Prevention ◽  
Peaceful Coexistence ◽  
Jus Post Bellum ◽  
Wide Range ◽  
Peace Treaties

Contemporary international law is in a state of flux based on shifts within the geopolitical order. This chapter discusses the normative evolution of the concept of peace international law from peaceful coexistence to the current identification of a right to peace and discusses the interface with the Responsibility to Protect doctrine. It discusses a wide range of dilemmas presented by peace treaties, Jus Post Bellum, and the interface between the umbrella terms of Human Security, Security, and Peace. The chapter suggests that these normative iterations represent a watershed in human rights and international law as non-Western approaches to conflict prevention gain traction.

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