International humanitarian law and the responsibility to protect. In libya, the security council acted pursuant to the rtop doctrine and passed the. Paragraphs 89 of the world summit outcome document heads of state and government agreed to the following text on the responsibility to protect in the outcome document of the highlevel plenary meeting of the general assembly in september 2005 8. United nations 2004 3 world summit outcome, resolution adopted by the general assembly, sixtieth session, 24 october 2005 collective action to protect populations from the atrocities. At the conclusion, countries signed the 2005 world summit. Heads of state who assembled at the 2005 world summit unanimously endorsed the concept of r2p, agreeing to its relevance to address genocide, war crimes, ethnic cleansing and crimes against humanity, and specified that.
Responsibility to protect in the 2005 world summit outcome document. The international community gathered in 2005 and adopted the doctrine of responsibility to protect. This paper specifically addresses the evolution of the legality of humanitarian intervention and looks at whether the responsibility to protect doctrine advances the legality of the use of force for humanitarian ends. The broader world community affirmed r2p at the 2005 world summit, when 192 member states met at the united nations to discuss areas of development, security, human rights and reform of the united nations. In september 2005, at the united nations world summit, all member states formally accepted the responsibility of each state to protect its population from genocide, war crimes, ethnic cleansing. A momentous headway was made in the security council in 2006. The responsibility to protect is a global political commitment which was endorsed by all member states of the united nations at the 2005 world summit in order to address its four key concerns to prevent genocide, war crimes, ethnic cleansing and crimes against humanity. Responsibility to protect commentary paper international bar. The doctrine of r2p tends to alter the relationship between sovereignty and the responsibility of states to their citizens as well as the duties of the international community5. Humanitarian intervention, the responsibility to protect. The responsibility to protect r2p or rtop is a global political commitment which was endorsed by all member states of the united nations at the 2005 world summit in order to address its four key concerns to prevent genocide, war crimes, ethnic cleansing and crimes against humanity the principle of the responsibility to protect is based upon the underlying premise that sovereignty entails a.
See annex page 21 since 2005 r2p has continued to evolve and gain traction. The responsibility to protect principle states that when a state fails to protect its own people from genocide, ethnic cleansing, war crimes and crimes against humanity, the international. Following the world summit, the peacebuilding commission was created in june 2006, and the human rights council was created on 15 march 2006. Syria for the responsibility to protect doctrine assist. Critical appraisal barbara delcourt the responsibility to protect known under the difficult new acronym of r2p has been generally welcomed as one of the very few proposals finally endorsed by the members of the united nations at the world summit of september 2005.
The responsibility to protect r2p or rtop is a global political commitment which was. Towards development, security and human rights for all pdf. Moreover, in taking up the ideas of the panel, annan clearly. World summit in 2005 sitting as the united nations general assembly. United nations and the security council to strengthen the initial 2005 commitment, and. China was a party to the 2005 endorsement of r2p, and reaffirmed its support for the doctrine in the same year. Responsibility to protect berkeley law university of california.
Situated on campus at brisbanes university of queensland, the centre hosts onsite researchers to deepen knowledge and advance policy on the responsibility to protect principle and mass atrocities prevention and response in the asia. General assembly r2p excerpt from outcome document. We, heads of state and government, have gathered at united nations headquarters in new york from 14 to 16 september 2005. Each individual state has the responsibility to protect its populations from genocide, war crimes, ethnic. You will be pledged to act if another rwanda looms. World summit and the question of unilateralism, the yale law journal 115 2006. The application of this mandate by the american and europeanled coalition in operation odyssey dawn has exposed r2p to attack as a cover for regime. Commission on intervention and state sovereignty iciss, which produced the responsibility to protect doctrine. International law aspects of the 2005 world summit outcome. The responsibility to protect after the 2005 world summit.
Humanitarian intervention crafting a workable doctrine. The guiding principles and the responsibility to protect. The main factors influencing the evolution of the r2p. The principle of the responsibility to protect is based upon the underlying.
We are determined to establish a just and lasting peace all over the world in. The international commission on intervention and state sovereignty iciss was formed. From 2001 to 2005, the r2p principle developed from a concept promoted by an independent commission of. When official representatives of more than 170 countries adopted the principle of the responsibility to protect r 2 p at the september 2005 world summit, darfur was quickly identified as the test case for this new doctrine. From 2001 to 2005, the r2p principle developed from a concept promoted by an independent commission of experts and was approved by the unga. In paragraphs 8 and 9 of the 2005 world summit outcome document ares601 heads of state and government affirmed their responsibility to protect their own populations from genocide, war crimes, ethnic cleansing and crimes against humanity and accepted a collective responsibility to encourage. These paragraphs outlined the responsibility to protect. The asia pacific centre for the responsibility to protect apr2p is the regional centre for the responsibility to protect r2p in the asia pacific region. United nations a general assembly responsibility to protect. The three pillars of the responsibility to protect alex j. United nations world summit 2005 in september 2005, at the united nations world summit, all member states formally accepted the responsibility of each state to protect its population from genocide, war crimes, ethnic cleansing and crimes against humanity. Rtop was one of many reforms considered, and in some cases agreed to, during the world summit that could improve the international communitys ability to protect vulnerable populations.
Humanitarian intervention, the responsibility to protect, and. The doctrine of responsibility to protect was developed in order to address the issue of mass atrocities, which were brought about by intrastate and ethnic conflicts as well as oppressive regimes. A framework for prevention responsibility to protect. We commit ourselves to safeguarding the principle of refugee protection and. The world summit outcome document limits state sovereignty in cases where a state manifestly fails to protect its population from genocide, crimes against humanity, war crimes, or ethnic cleansing which some refer to. Implementing the responsibility to protect doctrine in. Ares601 2005 world summit outcome the united nations. Based on the outcome document of the 2005 world summit, a 2009 report by the secretary general outlined a strategy around three pillars of the responsibility to protect. Implementing the responsibility to protect doctrine in africa. Nonetheless, since the adoption of the r2p doctrine at the world summit. The doctrine itself was heavily relied upon to justify the 2011 intervention in libya. The general verdict is that the international community has failed the test due to lack of political will. The secretarygeneral recommended that the general assembly meet to consider, based on this report, how member states will take the 2005 world summit commitment forward.
The report followed the 911 attacks on the world trade centre and the pentagon, and the. Representatives including nearly 200 leaders of the then 191 member states met in new york city for what the united nations described as a onceinageneration. However, whilst the holistic approach of the doctrine is to be commended, the legality of the proposal requires further analysis. Under this doctrine, when a country fails to prevent a population from facing genocide, war crimes, ethnic cleansing, and crimes against humanity, the responsibility falls on other countries to do so. The principle reaffirms the states responsibility in protecting its. Principles in international law and world religions, brian d. But once the responsibility to protect was decoupled from an. At its core, the responsibility to protect implies two things. Since that time, other governments, international officials, academics and civil society organizations have taken up the responsibility to. The doctrine was adopted by the international community when parts of the doctrine were expressed in the 2005 world summit outcome document. Kevin boreham, anu the security councils authorisation in resolution 1973 of 17 march of all necessary measures to protect libyan civilians and civilian populated areas applied the doctrine of the responsibility to protect r2p.
Though its roots can be traced to earlier times, the principle did not mature nor acquire normative significance until the new millennium, and it is now at the centre of the international debate on protecting human beings from genocide, ethnic cleansing, crimes against humanity and war crimes. Asiapacific centre for the responsibility to protect wikipedia. Member states embraced the responsibility to protect populations in paragraph 89 of the outcome document of the 2005 world summit. Given the recognition of the responsibility to protect doctrine in the 2005 world summit outcome document and the continuing efforts by certain actors in the. Early warning, assessment, and the responsibility to protect.
The international system is characterized by increased instability, the sharpening of deadly conflicts, mass atrocities and the emergence of transnational extremists armed groups such as the islamic state of iraq and syria isis. Resolution adopted by the general assembly on 16 september 2005. Ten years r2p what doesnt kill a norm only makes it stronger. The principle stipulates, first, that states have an obligation to protect their citizens from. Smit author year 20 pages 58 catalog number v312665 file size 314 kb language english tags security humanitarian intervention safety military intervention responsibility to protect quote paper. This year marks the 10th anniversary since the historic endorsement of r2p principle by the 150 heads of state and government at the 2005 world summit. The principle stipulates, first, that states have an obligation to protect their citizens from mass atrocities. Apr 06, 2015 responsibility to protect r2p panacea or trojan horse for intervention. The doctrine of responsability to protect and the eu stance. English 0551 e 150905 sixtieth session items 48 and 121 of the provisional agenda integrated and coordinated implementation of and followup to the outcomes of the major united nations conferences and summits in the economic, social and related fields followup to the outcome of the millennium summit. But many misunderstandings persist about its scope and limits. The principle was employed by the united nations security council in response to crises in darfur, cote. Is there a responsibility to protect in disaster relief. The responsibility to protect r2p is a signal achievement of the twentyfirst century.
The 2005 world summit, held between 14 and 16 september 2005, was a followup summit meeting to the united nations 2000 millennium summit, which had led to the millennium declaration of the millennium development goals mdgs. The broader world community affirmed r2p at the 2005 world summit, when 192. It is nearly five years since the 2005 united nations world summit was held in new york when the responsibility to protect was agreed to in paragraphs 8 and 9 of the world outcome document. At the 2005 world summit, global leaders espoused the doctrine of the responsibility to protect.
Responsibility to protect and its applicability in libya and. Representatives including most leaders of the then 191 member states met in new york city for what the united. In an historic gathering of world leaders in new york for the highlevel plenary meeting of the general assembly 2005 world summit, heads of state and government reached consensus on the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. World summit and the question of unilateralism more than a decade after the world did nothing to halt genocide in rwanda, and in the shadow of ongoing atrocities in darfur, sudan, the international community recently made a new commitment to protect. The responsibility to protect as a duty of care in international law and practice. In effect, most countries are willing and able to protect their citizens pillar i. On september 16, 2005, at united nations headquarters, more than 150 heads of state and government adopted the 2005 world summit outcome document, consisting largely of a set of goals and principles for the united nations and its members. Bellamy agreed by heads of state and government at the 2005 world summit, the responsibility to protect rtop principle has come a long way in a short space of time. Most agree that prevention is the most important aspect of the responsibility to protect. Rtop in the 2005 world summit responsibility to protect. The doctrine of responsability to protect and the eu. Responsibility to protect r2p panacea or trojan horse for intervention. The responsibility to protect after the 2005 world summit, 6. R2p by heads of state and government at the 2005 world summit was indeed a.
Bellamy t he responsibility to protect rtop has become a prominent feature in international debates about preventing genocide and mass atrocities and about protecting potential victims. Understanding rtop in 2001, the international commission on intervention and state sovereignty iciss released the responsibility to protect report, which redefined collective security by introducing a concept of shared responsibility. Given the recognition of the responsibility to protect doctrine in the 2005 world summit outcome document and the continuing efforts by certain actors in the international community to promote and opera. The principle of the responsibility to protect is based upon the underlying premise that sovereignty entails a responsibility to protect all populations from mass atrocity crimes and human rights violations. This led to the publication of the international commission on intervention and state sovereignty iciss report on the r2p in 2001 which redefined sovereignty in terms of responsibility, and subsequently to the consensual adoption of the 2005 world summit outcome document wsod, recognizing r2p as a practice welsh, 2008. The responsibility to protect as a duty of care in. At the 2005 world summit, the worlds leaders committed themselves to the. Revived in libya, buried in syria article pdf available in insight turkey vol. The responsibility to protect after the 2005 world summit article in international journal of comparative labour law and industrial relations 2 january 2005. At the 2005 world summit, the world s leaders committed themselves to the responsibility to protect, recognizing both that all states have a responsibility to protect their citizens from.
Responsibility to protect and its applicability in libya. The international commission on intervention and state sovereignty iciss published its report, the responsibility to protect, hereafter referred to as the report in 2001. Jan 07, 20 from the iciss report to the 2005 world summit. No responsibility for the responsibility to protect. Darfur and the failure of the responsibility to protect. Report of the highlevel panel on threats, challenges and change.
972 652 159 81 1260 1060 675 354 1284 1026 1495 1588 942 616 780 1488 808 1255 903 1154 148 761 774 406 70 280 290 59 634 274 1344 1528 467 504 1481 1168 1071 1101 191 886 536 1004 740 523 1204 1073