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THE RESPONSIBILITY TO PROTECT POLS 309. R2P doctrine  Canadian government sponsored the International Commission on Intervention and State Sovereignty.

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Presentation on theme: "THE RESPONSIBILITY TO PROTECT POLS 309. R2P doctrine  Canadian government sponsored the International Commission on Intervention and State Sovereignty."— Presentation transcript:

1 THE RESPONSIBILITY TO PROTECT POLS 309

2 R2P doctrine  Canadian government sponsored the International Commission on Intervention and State Sovereignty (ICISS).  Aimed at overcoming previous international failures and inconsistencies.  “to build a new international consensus on how to respond in the face of massive violations of human rights and humanitarian law,”  “sovereignty implies responsibility”

3 R2P doctrine  Two fundamental principles First, Domestic responsibility to protect its citizens Second, International responsibility, if the state itself couldn’t  Key aim was to shift international debate and discourse from questioning the right to intervene to one of responsibility.  While humanitarian intervention assumes a "right to intervene", the R2Pshifts the debate to a "responsibility to protect” of the state and international community

4 R2P doctrine  Also, aimed to delimit unilateral actions  Introduced two thresholds that had to be met for just cause 1. the large-scale loss of life, actual or anticipated. 2. large-scale “ethic cleansing”, actual or anticipated.  Not covered violations falling short of outright killing or ethnic cleansing (such as systematic racial discrimination or political oppression), the overthrow of democratically elected governments, and, the rescue by a state of its own nationals on foreign territory.

5 R2P doctrine  Five Precautionary Principles Right Intention Last Resort Seriousness of threat Proportional means Reasonable prospects  Based on Just War Doctrine

6 R2P doctrine  Who has the Right Authority to decide? UN Security Council General Assembly through Uniting for Peace procedure and, Regional Organisations

7 R2P and UN  Adopted by General Assembly in 2005 Yet, represented a severely scaled back version of the original document. The Outcome Document only expressed states' preparedness to take action if necessary through the Security Council, in accordance with the Charter, on a case-by-case basis. As such, recognition of responsibility to protect was merely a declaration to impose coercive measures by the international community as it so decided.

8 R2P and sovereignty  R2P is a clear indication that the idea and practice of sovereignty is changing.  Ultimately, the R2P is a proposed norm that sovereignty is not an absolute right, and that states forfeit aspects of their sovereignty when they fail to protect their populations from mass atrocity crimes and human rights violations (genocide, crimes against humanity, war crimes, and ethnic cleansing).

9 R2P: not simply a military intervention  Does not only entail military/physical intervention  Diplomacy and Mediation  Economic Sanctions

10 R2P in Practice  Darfur: Resolution 1706 (2006)  Libya: Resolution 1970, Resolution 1973 (2011), Resolution 2016 (2011), & Resolution 2040 (2012)  Côte d'Ivoire: Resolution 1975 (2011)  Yemen: Resolution 2014 (2011)  Mali: Resolution 2085 (2012) & Resolution 2100 (2013)  Sudan and South Sudan: Resolution 1996 (2011) & Resolution 2121 (2013)

11 R2P Libya  Libya (Resolution 1973)  Abstentions of China and Russia in the vote First military intervention under the label of R2P The UNSC authorized member states to take "all necessary measures" to protect civilians under threat of attack in the country. Criticisms included the fact that the intervention moved beyond humanitarian aims and quickly moved to regime-change. How does it hold up to the 5 principles?

12 R2P  Syria??

13 Consistency in Inconsistency  Did it alter the prevailing status quo in the international legal system?


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