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2009

Journal

Michigan Journal of International Law

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Full-Text Articles in Legal History

Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford Jan 2009

Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford

Michigan Journal of International Law

This Essay focuses upon one contemporary manifestation of that ongoing battle over the relationship between jurisdiction and control over territory-the emergence and institutionalization of the "responsibility to protect" concept. The idea that States and the international community have a responsibility to protect populations has shaped internationalist debates about conflict prevention, the use of force, and international administration since its development by the International Commission on Intervention and State Sovereignty (ICISS) in 2001. The responsibility to protect concept is premised on the notion, to quote former Secretary- General Kofi Annan, that "the primary raison d'être and duty" of every State is …