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Full-Text Articles in Law
Refocusing To Revive: The Responsibility To Protect In International Atrocity Prevention, Sarah Frances Plunkett
Refocusing To Revive: The Responsibility To Protect In International Atrocity Prevention, Sarah Frances Plunkett
Georgia Journal of International & Comparative Law
No abstract provided.
From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark
From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark
College of Arts & Sciences Senior Honors Theses
This thesis analyzes the current Venezuelan crisis and the international legal questions it has posed concerning sovereignty, the responsibility to protect, and international efforts to influence a state’s internal politics. In particular, the thesis expounds the historical and theoretical context behind international legal principles that governments, international organizations, and nongovernmental organizations (NGOs) have invoked in favor of Juan Guaidó or Nicolás Maduro. The thesis’s analysis centers around its examination of the parallels between the international legal principles that relate to the Venezuelan crisis and the political and ethical arguments of the sixteenth-century Spanish social reformer Bartolomé de las Casas and …
Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration, Morse Tan
Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration, Morse Tan
Cornell International Law Journal
North Korea has the worst human rights crisis in terms of the breadth and extent of its violations, and also presents the most serious security crisis in the world. A trio of doctrines— International Humanitarian Intervention, the Responsibility to Protect, and legitimate defense— provide the foundation for a range of solutions and approaches to resolve this crisis. At the same time, North Korea poses real dangers, the situation is delicate, and the resolutions may prove difficult. Strong determination is necessary to stay the course until the Koreas reunite, ideally in a peaceful manner. The situation has moved rapidly over the …
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
International Law Studies
Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a cacophony …
Impaled On Morton's Fork: Kosovo, Crimea, And The Sui Generis Circumstance, Christopher Rossi
Impaled On Morton's Fork: Kosovo, Crimea, And The Sui Generis Circumstance, Christopher Rossi
christopher robert rossi
Abstract: This Article investigates the problematic invocation of unique circumstances as a justification for circumventing the international law relating to use of force and state secession. Borrowing from the teachings of critical sociology, this Article addresses the lessons of NATO’s 1999 intervention in Kosovo and Kosovo’s 2008 declaration of independence from Serbia; it adapts those teachings to Russia’s 2014 annexation of Crimea. Doctrinal, state-sponsored, and international juridical attempts to conform the Kosovo events to the international rule of law mask internal and unreconciled tensions within the Charter system. These tensions, which threaten to further weaken the system and expose it …
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
Global Tides
This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau
PhD Dissertations
The dissertation involves a study of the emerging international norm of ‘The Responsibility to Protect’ which states that citizens must be protected in cases of human atrocities, war crimes, ethnic cleansing and genocide where states have failed or are unable to do so. According to the work of the International Commission on the Responsibility to Protect (ICISS), this response can and should span a continuum involving prevention, a response to the violence, when and if necessary, and ultimately rebuilding shattered societies. The most controversial aspect, however, is that of forceful intervention and much of the thesis focuses on this aspect. …
Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi
Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi
Articles
Over the past several decades, the central focus of international law has shifted from protecting only sovereign states to protecting individuals. Still, the worst imaginable human rights violations—genocides, ethnic cleansings, crimes against humanity, and systemic war crimes—occur with alarming frequency. And the international response is often slow or ineffectual. The most recent development for addressing this problem is the “responsibility to protect,” an idea that has received so much attention that it now goes simply by R2P. Almost all heads of state have endorsed R2P. The U.N. Secretary General has made R2P a top priority and issued multiple reports on …
The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison
The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison
Human Rights & Human Welfare
In the aftermath of the NATO intervention in Libya, the responsibility to protect (RtoP) doctrine has received considerable blowback. Various states, most notably some of the ‘BRICS’ states (Brazil, Russia, India, China, and South Africa), claimed that NATO exceeded its mandate given to it by United Nations Security Council (UNSC) Resolution 1973 (by allegedly focusing on regime change rather than on the protection of civilians), was inappropriate in its target selection, violated the arms embargo by transferring arms to rebels, and generally caused too much harm to civilians and civilian infrastructure.1 It was also suggested that the UK, US, and …
January Roundtable: Responding To The Syrian Crisis, Introduction, Claudia Fuentes Julio
January Roundtable: Responding To The Syrian Crisis, Introduction, Claudia Fuentes Julio
Human Rights & Human Welfare
An annotation of:
“The World Next Genocide” by Simon Adams. New York Times, November 2012.
and
“Syria is Central to Holding Together the Mideast” by Condoleezza Rice. Washington Post, November 2012.
Syrians Crushed Between Humanitarianism And Realism, Philip Cunliffe
Syrians Crushed Between Humanitarianism And Realism, Philip Cunliffe
Human Rights & Human Welfare
With the UN High Commissioner for Refugees announcing early this year that the war in Syria may have claimed as many as 60,000 lives, two op-eds published late in 2012 usefully exemplify two contrasting frames that have thus far dominated international responses to the conflict—namely, the humanitarian frame and the geopolitical frame. Yet despite the apparent contrasts between these two frameworks, both reflect a similar contempt for the Syrian people and their right to self-determination. The humanitarian framing of the conflict emphasizes the scale of human suffering and the need to alleviate it, while the geopolitical frame accentuates political interests …
Myths About Syria, James Pattison
Myths About Syria, James Pattison
Human Rights & Human Welfare
In my contribution, I want to focus on five fallacious claims and arguments that have been presented about the conflict in Syria. (Please note that this piece was written in Dec 2012).
Lessons For International Law From The Arab Spring, Rosa Brooks
Lessons For International Law From The Arab Spring, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
Not all that begins in hope ends in happiness. In Egypt, the exuberance of Tahrir Square has given way to frustration over the resilience of the security state; in Libya, the anti-Qaddafi movement has fractured along tribal and factional lines; in Syria, as of this writing, calls for reform continue to be met with gunfire from government forces. Throughout the Middle East—from Egypt, Libya and Syria to Yemen, Tunisia, Bahrain and elsewhere—the heady excitement of 2010 has given way to a more sober awareness that enduring political change may take years, if not generations. The Arab Spring brought both progress …
October Roundtable: Un Secretary-General Report On “Responsibility To Protect: Timely And Decisive Response”, Introduction, Claudia Fuentes Julio
October Roundtable: Un Secretary-General Report On “Responsibility To Protect: Timely And Decisive Response”, Introduction, Claudia Fuentes Julio
Human Rights & Human Welfare
An annotation of:
“Responsibility to Protect: Timely and Decisive Response” Ban Ki-moon, July 2012.
Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe
Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe
Human Rights & Human Welfare
Like most UN reports, particularly those concerned with the doctrine of the "responsibility to protect" (RtoP), the latest report of the UN Secretary-General is filled with plenty of pious guff mixed in with the platitudes that engulf UN diplomacy. But buried within the blathering are also some disturbing prescriptions for how the UN envisages rolling out RtoP around the world. I want to draw attention to three specific points in order to consider what these tell us about RtoP as a political model. First, I will look at the treatment of media and speech in the report; second, how the …
Politics As Usual At The Un: Implementing Pillar Three Of Rtop, Eric A. Heinze
Politics As Usual At The Un: Implementing Pillar Three Of Rtop, Eric A. Heinze
Human Rights & Human Welfare
UN Secretary-General Ban Ki-Moon's most recent report on RtoP seeks to evaluate the various ways that Pillar Three of RtoP can be implemented. As anyone familiar with RtoP is aware, the commitment is understood to have three separate but interrelated pillars. The first pillar says that states have the primary responsibility to protect their own citizens from genocide, war crimes, crimes against humanity, and ethnic cleansing. Pillar Two says that the international community should assist states in fulfilling this responsibility, while Pillar Three says that if the state fails in its primary responsibility to protect its citizens from these crimes, …
“The Rtop And Responsibility While Protecting: The Secretary-General’S Timely And Decisive Report On Timely And Decisive Responses”, James Pattison
“The Rtop And Responsibility While Protecting: The Secretary-General’S Timely And Decisive Report On Timely And Decisive Responses”, James Pattison
Human Rights & Human Welfare
The United Nations Secretary-General's report on pillar three of the responsibility to protect (RtoP), "Responsibility to Protect: Timely and Decisive Response," is the most interesting, timely, and decisive of his four reports thus far on the RtoP. To start with, the subject matter of pillar three – the international community's potentially coercive responses to humanitarian crises, including humanitarian intervention – is the most controversial part of the RtoP doctrine and the area that has attracted the most criticism from skeptics. Previous reports, such as Implementing the Responsibility to Protect(2009), gave pillar three, and humanitarian intervention in particular, fairly short shrift, …
Strategies & Decisiveness: What Is Implied By A “Timely And Decisive Response” For Rtop Situations, H. M. Roff
Strategies & Decisiveness: What Is Implied By A “Timely And Decisive Response” For Rtop Situations, H. M. Roff
Human Rights & Human Welfare
Reflecting upon United Nations Secretary-General Ban Ki-moon's recent report concerning the third pillar of the Responsibility to Protect (RtoP), on the "timely and decisive response," two items become clear to me. First is that the third pillar is inherently coercive in nature, even though the report and many RtoP pundits stress that it entails more than merely sanctioning the use of force. Second is that this is unsurprising if we recall that the purpose of RtoP is to ensure the protection of particular human rights (rights against: genocide, war crimes, crimes against humanity, and ethnic cleansing) and that having a …
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Georgetown Law Faculty Publications and Other Works
The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …
“Thinking Through, And Beyond, Triumphalism”, Matthew S. Weinert
“Thinking Through, And Beyond, Triumphalism”, Matthew S. Weinert
Human Rights & Human Welfare
The humanitarian crisis in Syria has instigated calls to activate the Responsibility to Protect (R2P) doctrine to stop the Assad regime from its murderous rampage. Armed with a failed UN Security Council resolution that would have endorsed an Arab League peace plan, thanks to Russian and Chinese vetoes, David Rieff reproves widespread liberal consensus for intervention in a February 2012 Foreign Policy article.
March Roundtable: Responding To Syria, Introduction, Claudia Fuentes Julio
March Roundtable: Responding To Syria, Introduction, Claudia Fuentes Julio
Human Rights & Human Welfare
An annotation of:
“Save Us from the Liberal Hawks” by David Rieff. Foreign Policy, February 13, 2012.
Who Let The Dogs Out? R, R2p, Christine Bell
Who Let The Dogs Out? R, R2p, Christine Bell
Human Rights & Human Welfare
As a long-time human rights advocate I find myself uncomfortably sharing Rieff's central concern over the link between military intervention and human rights advocacy, forged through the Responsibility to Protect (R2P) doctrine. This common concern is uncomfortable because I don't share his broader sentiments. However, it is also uncomfortable because it involves me swimming against the human rights tide, which seems to have embraced R2P.
"Moral Ambivalence Is No Recipe For Engagement", Joel R. Pruce
"Moral Ambivalence Is No Recipe For Engagement", Joel R. Pruce
Human Rights & Human Welfare
The bottom line is that the crisis in Syria is tragic and extremely complicated. Some of its more complex issues include the threat of ethnic conflict, refugee flows, Iran's regional influence, and the impact of this uprising on other protests in the Arab world, ongoing and in the future. However, there are also several incontrovertible facts: the regime of Bashar al-Assad, in the name of putting down a protest movement that turned violent, is responsible for at least 7,500 deaths and shows no signs of relenting.
White Noise, White Heat, Therese O'Donnell
White Noise, White Heat, Therese O'Donnell
Human Rights & Human Welfare
If, as former British Prime Minister Harold Wilson famously uttered, "A week is a long time in politics," then the Six weeks since Raghida Dergham's article could be a lifetime and the last six months of the "Arab Spring" an aeon.
The Un Security Council On Syria: Radical Change Or Continuity?, Thomas Pegram
The Un Security Council On Syria: Radical Change Or Continuity?, Thomas Pegram
Human Rights & Human Welfare
The Presidential Statement issued by the UN Security Council on August 3 condemning the widespread violation of human rights by Syrian authorities was hailed by some as signaling the collapse of the pro-Syrian "defiance coalition."
This "defiance coalition," comprised of the so-called "BRICs" (Brazil, Russia, India, China, and South Africa) along with Lebanon, did indeed relent, begrudgingly, to growing international pressure for action on Syria. However, whether a statement containing little actionable content signals the crumbling of defiance rather than a diplomatic maneuver as calculations are recalibrated in light of developments is another matter.
The Moral International Sphere As A New "Civic Virtue", Claudia Heiss
The Moral International Sphere As A New "Civic Virtue", Claudia Heiss
Human Rights & Human Welfare
Liberal political theory, the predominant paradigm at least since the 1970s, rules out as oppressive the imposition of any substantive notion of a "good way of life" and proposes instead a neutral conception where each individual should have the right to pursue his or her own preferred project of life. This opposition of an ancient "virtue" and a modern "freedom" seems challenged by current debates about morality and the responsibility to protect innocent civilians from massive crimes. The moral outrage of the international community may be interpreted as a signal of a perhaps minimal notion of civic virtue, which translates …
The Right Side Of The Coin: Focus On The Human Rights Of People, Not The Failure Of States, Brooke Ackerly
The Right Side Of The Coin: Focus On The Human Rights Of People, Not The Failure Of States, Brooke Ackerly
Human Rights & Human Welfare
US policy toward failed states should focus on strengthening civil society and social movements so that people are better able to hold their leaders accountable.
The language of “failed states” disassociates foreign policy from international dialogue about human rights. Instead, “failed states” is a contemporary sound bite that connotes a lack of sovereignty, suggesting that intervention would not violate national sovereignty because in a failed state, there is none. Of course, we could have a similar cynicism about the use of human rights concerns to justify invasion. Certainly, states have tried to choose when to reference international human rights norms …
April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes
April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes
Human Rights & Human Welfare
An annotation of:
Article under review: “The Case for Intervention in the Ivory Coast” by Corinne Dufka. Foreign Policy. March 25 2011.
Pandora’S Box Of Humanitarian Intervention, Edzia Carvalho
Pandora’S Box Of Humanitarian Intervention, Edzia Carvalho
Human Rights & Human Welfare
“The Case for Intervention in the Ivory Coast” reminded me of the discussion that my undergraduate students had during the previous academic term on the conundrums surrounding humanitarian intervention. They innately responded to the intense suffering of individuals and groups facing gross human rights violations and initially argued that inaction in the face of suffering cannot be justified on any grounds. However, with their international relations hats on, many of them soon realized that putting an end to such a state of affairs is not as easy or straightforward as they had hoped.
A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi
A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi
Human Rights & Human Welfare
The current crisis in the Ivory Coast unfortunately resembles a number of crises in Western and Central Africa over the last few decades. Whereas the international community has generally been more willing to intervene in Europe and the Middle East, there has been a tendency to “wait and watch” while humanitarian crises unfold in middle Africa. In the last several years, as in the Ivory Coast right now, however, global awareness of the brutality of such crises has expanded tremendously.