Reassessing the Responsibility to Protect


Book Description

This book explores conceptual and operational questions regarding the development and implementation of the Responsibility to Protect. The mass atrocity norm known as the Responsibility to Protect (R2P) has enjoyed meteoric success since the concept was introduced in 2001. But perhaps precisely because of how quickly the concept secured its privileged place in the pantheon of ideas and concerns in international affairs, many fundamental questions remain concerning its origins, its conceptual contents, and its relevance to actual cases of mass atrocity. This book seeks to explore that terrain by drawing together a group of scholars diverse enough to engage with the complex array of political, legal and ethical questions raised by R2P. Critical questions raised here include: What are the limits of the authority that R2P confers on international actors? What does the evolution of R2P mean for North-South relations? Just how significant is R2P in the context of the broader human rights landscape? In addition to those conceptual and theoretical matters, special attention is given to the operational context in which the meaning of R2P is ultimately rendered. As events in Africa have figured so significantly into the norm’s development, the contributors pay special attention to the problems and prospects of mass atrocity prevention in that context. This volume will be of much interest to students of the Responsibility to Protect, war and conflict studies, peacebuilding, international law, and IR/Security Studies.




International Authority and the Responsibility to Protect


Book Description

The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.




The Responsibility to Protect


Book Description

Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty




The Responsibility to Protect


Book Description

In 2005, the international community made a landmark commitment to prevent mass atrocities by unanimously adopting the UN’s “Responsibility to Protect” (R2P) principle. As often as not, however, R2P has failed to translate into decisive action. Why does this gap persist between the world’s normative pledges to R2P and its ability to make it a daily lived reality? In this new book, leading global authorities on humanitarian protection Alex Bellamy and Edward Luck offer a probing and in-depth response to this fundamental question, calling for a more comprehensive approach to the practice of R2P – one that moves beyond states and the UN to include the full range of actors that play a role in protecting vulnerable populations. Drawing on cases from the Middle East to sub-Saharan Africa and Southeast Asia, they examine the forces and conditions that produce atrocity crimes and the challenge of responding to them quickly and effectively. Ultimately, they advocate both for emergency policies to temporarily stop carnage and for policies leading to sustainable change within societies and governments. Only by introducing these additional elements to the R2P toolkit will the failures associated with humanitarian crises like Syria and Libya become a thing of the past.




Transitional Justice and a State’s Response to Mass Atrocity


Book Description

This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.




Reconstructing Atrocity Prevention


Book Description

This proposes a new framework for atrocity prevention, featuring scholars from around the globe including three former UN special advisers.




The Dark Sides of Virtue


Book Description

In this provocative and timely book, David Kennedy explores what can go awry when we put our humanitarian impulses into action on a global scale. He develops a checklist of difficulties that plague efforts by the most well-intentioned professional activists and policy-makers.




The Oxford Handbook of the Responsibility to Protect


Book Description

The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.




Humanitarian Intervention and the Responsibility to Protect


Book Description

This book explores attempts to develop a more acceptable account of the principles and mechanisms associated with humanitarian intervention, which has become known as the ‘Responsibility to Protect’ (R2P). Cases of genocide and mass violence have raised endless debates about the theory and practice of humanitarian intervention to save innocent lives. Since the humanitarian tragedies in Rwanda, Burundi, Bosnia, Kosovo and elsewhere, states have begun advocating a right to undertake interventions to stop mass violations of human rights from occurring. Their central concern rests with whether the UN’s current regulations on the use of force meet the challenges of the post-Cold War world, and in particular the demands of addressing humanitarian emergencies. International actors tend to agree that killing civilians as a necessary part of state formation is no longer acceptable, nor is standing by idly in the face of massive violations of human rights. And yet, respect for the sovereign rights of states remains central among the ordering principles of the international community. How can populations affected by egregious human rights violations be protected? How can the legal constraints on the use of force and respect for state sovereignty be reconciled with the international community’s willingness and readiness to take action in such instances? And more importantly, how can protection be offered when the Security Council, which is responsible for authorizing the use of force when threats to international peace and security occur, is paralyzed? The author addresses these issues, arguing that R2P is the best framework available at present to move the humanitarian intervention debate forward. This book will be of interest to students of the responsibility to protect, war and conflict studies, human security, international organisations, security studies and IR in general.




US Foreign Policy in a Challenging World


Book Description

This book examines how the US is dealing with the challenge of reconciling its global interests with regional dynamics and how it is able to produce and sustain order at the system level and within regional subsystems. The book comprises four parts, the first of which addresses global issues such as nonproliferation, trade, and freedom of the seas. US policies in these areas are carefully analyzed, considering whether and how they have been differently implemented at the regional level. The remaining parts of the book focus on the US posture toward specific regions: Europe, the Middle East, and East Asia. The policies adopted by the US to confront the most relevant challenges in each region are identified, and the ways in which policies in a specific region influence or are influenced by challenges in another region are explored. The book is a rich source of knowledge on the nature of the balance that the US has pursued between global and regional interests. It will be of much interest to scholars, to practitioners, to postgraduate/PhD students of international relations theory and American foreign policy, and to all with an interest in the ability of the US to produce international order.