THE RESPONSIBILITY TO PROTECT POLS 309. R2P Learning objectives 1. Contemporary notion of sovereignty 2. The UN and the legitimate use of force 3. R2P.

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Presentation transcript:

THE RESPONSIBILITY TO PROTECT POLS 309

R2P Learning objectives 1. Contemporary notion of sovereignty 2. The UN and the legitimate use of force 3. R2P doctrine and its aims 4. R2P and the United Nations

Sovereignty  Central principle of international relations.  Non-interference and the exclusion of all rival authorities to the state.  Today, conditional on providing minimal level of duty to its citizens.  Not the static nor closed concept that exists in its classical understanding.  Therefore, it has a historical narrative.

Sovereignty continued Factors that have helped erode the classical notion of sovereignty  Nuremberg and Tokyo trials and the subsequent development of international criminal law  the Declaration of Human Rights (Development of International Human Rights Law)  Globalisation  International NGOs (Amnesty international, Human Rights Watch)

 Sovereignty is still the central pillar of international politics. Why??

The UN and non-interference  The United Nations Charter is built on a non-interventionist principle.  Article 2 (4) that all UN Member states “shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state.”  And, Article 2 (7): “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state… but this principle shall not prejudice the application of enforcement measures under Chapter VII”

Chapter VII  Chapter VII allows the Security Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and non-military action to "restore international peace and security”.  The legality of any non-defensive force became premised upon the condition of Security Council authorisation.  It is almost certain that none of the UN founders imagined the council authorizing military intervention solely to protect human rights of nationals within a sovereign state.

Post-Cold War  Security Council authorised interventions: Kuwait and Iraq ( ) Somalia ( ) Rwanda (1994) Haiti ( ) Bosnia (1995-) Kosovo (1999) East Timor (1999) Afghanistan (2001-)  Reframing domestic crisis as matters of international peace and security.

 Break