responsibility to protect
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Author(s):  
Rohannisa Naja Rachma Savitri ◽  

Myanmar is currently faced with conflicts mainly considered as crimes against humanity that require resolution sooner or later. The conflict in Myanmar is closely linked to ethnicity, creating a cycle of violence that continues to escalate without any possibility of diminishing. The inability of the state to address ethnic minority grievances or provide adequate security to communities has created a literal arms race among minority groups. More action needs to be taken to finally resolve the situation and crisis unfolding in Myanmar, and that is where countries in Southeast Asia play a very important role for conflict resolution. This research was carried out using qualitative method with descriptive analysis regarding to the situation that occurred in Myanmar, especially regarding the Rohingya crisis and the Myanmar Military Coup which was the focus of the research. The escalation of the humanitarian conflict and the deprivation of democracy by the Myanmar people, requires joint handling in order to avoid further expansion of the conflict. In this case, neighboring countries such as Indonesia have an important role as a driver of mediation in regional forums to resolve conflicts in Myanmar. ASEAN, as a diplomatic platform in the Southeast Asian region, must be put forward and reach a consensus for finally intervening in the Myanmar conflict, which is taking more and more lives. The United Nations with the principle of responsibility to protect can also play a role in overcoming the conflict, considering that the conflict has resulted in crimes against humanity that cannot be tolerated.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Katerina Standish

Purpose The purpose of this paper is to establish a conceptual connection between gender-based violence (GBV) and genocide. Victims of gendercide, such as femicide and transicide, should be eligible for protections assigned to victims of genocide, including the Responsibility to Protect (R2P). Design/methodology/approach This study examines genocide, gendercide, femicide, transicide and the R2P doctrine to formulate a platform of engagement from which to argue the alignment and congruence of genocide with gendercide. Using a content analysis of the United Nations High Commission for Refugees definition of GBV, and Article II of the Genocide Convention (GC) five “directive” facets are examined, namely, identity, physical violence, psychological violence, oppressive violence and repressive violence. Findings Expressions of physical violence, psychological violence, oppressive violence and repressive violence reflected similarity, whereas the GCs omit sex and gender as facets of identity group inclusion. The only variation is the encapsulation of identity factors included in the acts of harm. Practical implications The elevation of gendercide to the status of genocide would permit us the leverage to make it not only illegal to permit gendercide – internationally or in-country – but make it illegal not to intervene, too. Social implications Deliberate harm based on sex and gender are crimes against people because of their real or perceived group membership, and as such, should be included in genocide theory and prevention. Originality/value This study explores a new conceptual basis for addressing gendercidal violence nationally to include sex and gender victim groups typically excluded from formal parameters of inclusion and address due to limitations in Article II. The analysis of genocide alongside GBV may inform scholars and activists in the aim to end gendered violence.


Author(s):  
Kate Kenny ◽  
Marianna Fotaki

AbstractWhistleblowers are a vital means of protecting society because they provide information about serious wrongdoing. And yet, people who speak up can suffer. Even so, debates on whistleblowing focus on compelling employees to come forward, often overlooking the risk involved. Theoretical understanding of whistleblowers’ post-disclosure experience is weak because tangible and material impacts are poorly understood due partly to a lack of empirical detail on the financial costs of speaking out. To address this, we present findings from a novel empirical study surveying whistleblowers. We demonstrate how whistleblowers who leave their role as a result of speaking out can lose both the financial and temporal resources necessary to redevelop their livelihoods post-disclosure. We also show how associated costs involving significant legal and health expenditure can rise. Based on these insights, our first contribution is to present a new conceptual framing of post-disclosure experiences, drawing on feminist theory, that emphasizes the bodily vulnerability of whistleblowers and their families. Our second contribution repositions whistleblowing as a form of labour defending against precarity, which involves new expenses, takes significant time, and often must be carried out with depleted income. Bringing forth the intersubjective aspect of the whistleblowing experience, our study shows how both the post-disclosure survival of whistleblowers, and their capacity to speak, depend on institutional supports or, in their absence, on personal networks. By reconceptualizing post-disclosure experiences in this way—as material, embodied and intersubjective—practical implications for whistleblower advocacy and policy emerge, alongside contributions to theoretical debates. Reversing typical formulations in business ethics, we turn extant debates on the ethical duty of employees to speak up against wrongdoing on their heads. We argue instead for a responsibility to protect whistleblowers exposed to vulnerability, a duty owed by those upon whose behalf they speak.


Author(s):  
Sukma Bella Sanjivani ◽  
Renitha Dwi Hapsari

The Syrian conflict is one of the deadliest conflicts that occurred as a result of the Arab Spring. A large number of casualties in this conflict shows how sovereign state and international community had failed to fulfill their responsibility to protect civilians from mass atrocities. The purpose of this article is to examine what obstacles the United Nations had faced in its effort to protect the Syrian population. The framework that used to analyze this issue is the concept of Global Governance and the Responsibility to Protect. Using descriptive qualitative research methods, data will be collected from books, journal articles, official reports and media publications to explain four obstacles United Nations had faced. The first obstacle related to growing multipolarity that causes difficulty in reaching a consensus during the negotiations. The second obstacle related to UN Security Council permanent member dysfunctional behavior which often causes a deadlock in decision making. The third obstacle is the complexity of the conflict that occurred. The last one is the differences opinion among related organizations that relieves the international pressure to immediately end the mass atrocities.


2021 ◽  
Vol 66 (2) ◽  
pp. 309-320
Author(s):  
Michał Stępień

Abstract This article is about the problem of non-disclosure of an assumed method and approach to international law. That makes some real and current issues of international more difficult to grasp – and how to debate about something if there is a misunderstanding of the basics? The problem is depicted with two examples: the attitude of international law toward the statehood of Taiwan along with the on-going development of the Responsibility to Protect doctrine. Both reveal the clash between so-called black-letterism and a policy-approach to international law. Meanwhile the doctrinal method is fully functional and mostly accepted in domestic law, though often contested in international law. But after all, international law being sui generis law is not just an instance of the domestic-type law which is the effect of particular features of the international community.


2021 ◽  
pp. 17-50
Author(s):  
Raymond Kwun-Sun Lau

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