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The Responsibility to Protect (R2P) - A New Paradigm of International Law? | brill
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Powered by: PubFactory. Mar 15, Nov 19, Oct 21, Dec 4, Nov 24, Oct 23, Oct 22, U of T experts on what's next for Canada's international reputation. Recent Publications. Tina Park. Oct 11, Aug 5, OpenCanada: Seven reasons why R2P is relevant today. Misha Boutilier. Sep 17, It also identifies to whom the R2P protocol applies; i. Since then, the UN has been actively engaged with the development of the R2P. Several resolutions, reports, and debates have emerged through the UN forum. The Security Council has reaffirmed its commitment to the R2P in more than 80 resolutions.
In , the Council again recognized states' primary responsibility to protect and reaffirmed paragraphs and in resolution Additionally, the Security Council has mentioned the R2P in several country-specific resolutions:. Ninety-four member states spoke.
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Most supported the R2P principle, although some important concerns were voiced. They discussed how to implement the R2P in crisis situations around the world. The debate highlighted the need for regional organizations like the African Union to play a strong role in implementing R2P; the need for stronger early warning mechanisms in the UN; and the need to clarify the roles UN bodies would play in implementing R2P.
One outcome of the debate was the first resolution referencing R2P adopted by the General Assembly. In subsequent years, the Secretary-General would release a new report, followed by another debate in the General Assembly. The informal interactive dialogue was held on 9 August , with 49 member states, two regional organizations, and two civil society organizations speaking at the event.
The discussion had a resoundingly positive tone, with virtually all of those that spoke stressing a need to prevent atrocities and agreeing that effective early warning is a necessary condition for effective prevention and early action.
Objections were expressed by a small number of member states; namely Nicaragua, Iran, Pakistan, Sudan, and Venezuela. At the debate on 12 July , statements were made by 43 member states, three regional organizations, and four civil society representatives. The biggest challenge to R2P was considered cooperation with, and support between, the UN and regional bodies in times of crisis. Member states acknowledged the importance of resolving this challenge through the unique advantages regional organizations possess in preventing and reacting to mass atrocities.
The debate followed on 5 September saw interventions address the third pillar of the R2P and the diversity of non-coercive and coercive measures available for a collective response to mass atrocity crimes. In , the Secretary-General focused on Responsibility to Protect: State responsibility and prevention. The debate following the report was held on 11 September A panel of UN, member state, and civil society experts delivered presentations, after which 68 member states, 1 regional organization, and 2 civil society organizations made statements.
Jared Genser, Irwin Cotler, Desmond Tutu, and Vaclav Havel
Deng on a full-time basis at the level of Under-Secretary-General. The Special Adviser on the Responsibility to Protect leads the conceptual, political, institutional, and operational development of the R2P. The Special Adviser on the Prevention of Genocide acts as a catalyst to raise awareness of the causes and dynamics of genocide, to alert relevant actors where there is a risk of genocide, and to advocate and mobilize for appropriate action. The mandates of the two Special Advisers are distinct but complementary.
The efforts of their Office include alerting relevant actors to the risk of genocide, war crimes, ethnic cleansing, and crimes against humanity; enhancing the capacity of the UN to prevent these crimes, including their incitement; and working with member states, regional and sub-regional arrangements, and civil society to develop more effective means of response when they do occur. From December to January , Kenya was swept by a wave of ethnic violence triggered by a disputed presidential election held on 27 December On 30 December , Mwai Kibaki was declared the winner of the presidential elections and was sworn in as president a couple of hours later.
The announcement of the results triggered widespread and systematic violence resulting in more than 1, deaths and the displacement of over , civilians.
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External intervention was almost immediate. French Foreign and European Affairs Minister Bernard Kouchner made an appeal to the UN Security Council in January to react "in the name of the responsibility to protect" before Kenya plunged into a deadly ethnic conflict. On 31 December , UN Secretary-General Ban Ki-moon issued a statement expressing concern for the ongoing violence and calling for the population to remain calm and for Kenyan security forces to show restraint.
Mediation efforts led to the signing of a power-sharing agreement on 28 February This rapid and coordinated reaction by the international community was praised by Human Rights Watch as "a model of diplomatic action under the 'Responsibility to Protect' principles". On 30 March , in response to the escalating post-election violence against the population of Ivory Coast in late and early , the Security Council unanimously adopted resolution condemning the gross human rights violations committed by supporters of both ex-President Laurent Gbagbo and President Ouattara.
The resolution cited "the primary responsibility of each State to protect civilians", called for the immediate transfer of power to President Ouattara, the victor in the elections, and reaffirmed that the United Nations Operation in Ivory Coast UNOCI could use "all necessary means to protect life and property. In November , President Gbagbo was transferred to the International Criminal Court to face charges of crimes against humanity as an "indirect co-perpetrator" of murder, rape, persecution, and other inhumane acts.
Adoption of the principle
Libya was the first case where the Security Council authorized a military intervention citing the R2P. Following widespread and systematic attacks against the civilian population by the Libyan regime, and language used by Muammar Gaddafi that reminded the international community of the genocide in Rwanda, the Security Council unanimously adopted resolution on 26 February , making explicit reference to the R2P. Deploring what it called "the gross and systematic violation of human rights" in strife-torn Libya, the Security Council demanded an end to the violence, "recalling the Libyan authorities' responsibility to protect its population", and imposed a series of international sanctions.
The Council also decided to refer the situation to the International Criminal Court. In resolution , adopted on 17 March , the Security Council demanded an immediate ceasefire in Libya, including an end to ongoing attacks against civilians, which it said might constitute "crimes against humanity". The Council authorized member states to take "all necessary measures" to protect civilians under threat of attack in the country, while excluding a foreign occupation force of any form on any part of Libyan territory. They rapidly captured several strategic towns and were poised to take the capital city of Bangui.
The result, the Libreville Agreement of January , installed a three-year power-sharing arrangement. Extrajudicial killings of Muslim and Christian civilians have been carried out, including "door to door" searches by rival militias and mobs seeking potential victims. The violence marked a significant escalation of the conflict in CAR. Anti-balaka forces launched another attack against Muslim neighborhoods of Bangui on 20 December, spurring a cycle of renewed violence that led to at least 71 deaths by 24 December.
A mass grave of at least 30 people who were reportedly executed and exhibited signs of torture was discovered on 25 December. According to OCHA, by September there were almost , internally displaced people and about 65, new refugees in neighbouring countries. Humanitarian agencies have alerted public opinion to the critical situation, stressing that 2.
The crisis in the CAR is a case for the R2P, due to mass atrocity crimes being committed by both sides. In the beginning, the international response to the coup was purely diplomatic: members of the International Contact Group insisted that Michel Djotodia respect the principles set out in the Libreville agreement. Although its mandate is well-defined, there is general agreement that it does not have the resources to fulfill its mission.
French soldiers immediately began to patrol in Bangui. On 7 February , it was reported that the International Criminal Court's chief prosecutor Fatou Bensouda said that she had "opened a preliminary investigation into possible war crimes in the Central African Republic". Over the last seven years, Syria has been in constant conflict, which has led to the death of , people, 5 million refugees, and 7 million internally displaced persons.
The conclusion was made that the full implementation of UN Security Council Resolution , which increased the delivery of humanitarian aid, as well as a nationwide cessation of hostilities, was required in order to help those in need. The Commission on Inquiry, mandated by the Human Rights Council, has found the Syrian government, while working with allied militias, has committed large-scale massacres, perpetrated war crimes and gross violations of international humanitarian law as a matter of state policy. The Commission of Inquiry's third report had stated that the government had committed crimes against humanity through extermination, murder, rape and other forms of sexual violence, torture, imprisonment, enforced disappearance, and other inhuman acts.
Due to this statement the UN Human Rights Council has adopted at least 16 different resolutions with regard to the atrocities taking place in Syria. Despite all efforts and resolutions adopted to help uphold R2P, humanitarian aid has had limited success in reaching the affected populations. The country of Burundi is at grave risk for a possible civil war, if violence is not stopped. The civilians of Burundi face the serious and eminent risk of mass atrocities due to the ongoing political violence that threatens the stability of Burundi.
The citizens of Burundi are being harmed through mass atrocity crimes due to targeted killings, widespread violations and abuses of human rights. The Office of the High Commissioner for Human Rights reports cases of sexual violence by security forces, hate speech, and incitement to violence by some government officials. Responses by the international community include a Security Council-mandated police force with the goal of monitoring the situation.