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Russia's invasion of Ukraine in 2022 has shown the world the critical importance of whether and how to punish heads of state, heads of government, and sundry strong men when accused of crimes of aggression, genocide, war crimes, and other crimes against humanity. In End of Immunity, former President of the International Criminal Court, Chile Eboe-Osuji, probes the history and theory of the concept of immunity for heads of state, underscoring tribunal achievements, pointing out gaps in the existing framework of accountability and the hypocrisies that produced them, and offering workable solutions to the loopholes that government leaders still use to escape consequences today.Eboe-Osuji traces the development of international law from the pre-World War I era that left wars of aggression as the prerogative of sovereigns able to wage them through the peacetime conferences of the Hague at the turn of the 20th century, the momentous Article 227 of the Versailles Peace Treaty of 1919, which communicated the resolve of the Allies and Associated Powers to prosecute German Emperor and King of Prussia Kaiser Wilhelm II before an international tribunal, how the legal norms applied in the post-WWII Nuremberg trial transformed the norms of modern international law, how 1990's Africa breathed new life into arguments against immunity for heads of state, and how modern-day Russia flouts those laws with Putin's war of aggression on Ukraine. Going as far back as the Middle Ages and the ancient doctrine of the divine right of kings, and concluding with a fresh new proposal for the ways in which international law can be shored up to prosecute those leaders who wage wars of aggression, Eboe-Osuji investigates the journey of international law's rejection of immunity for anyone – including heads of state in particular – when they are suspected or accused of atrocities that international law has proscribed as crimes. The result is the definitive account of a profoundly vital principle for international relations and global humanity.

While the Security Council has been mandating peacekeepers to protect civilians since 1999, there is still contention on its legal meaning. Even though the concept of ‘protection'can seem self-evident, as the concept of ‘protection'is borrowed language, each body of law will perceive ‘protection'through a different lens. However, as the mandate creates a legal obligation on UN peace missions, a clear understanding of protection is fundamental to ensure performance and accountability.

This book discusses the legal responsibility of UN peacekeepers for the protection of civilians under international legal regimes, particularly international human rights law, international humanitarian law, international refugee law, and occupation law. It considers both negative and positive obligations, that is, a duty to respect or not violate a particular right directly and a duty to take positive action to secure or protect a particular right, respectively. In addition, it describes the standards and methods, as well as their strengths and weaknesses, by which actors in UN peacekeeping operations, including the UN, troop contributing countries, and individual peacekeepers, can be held accountable for third-party claims and allegations of criminal misconduct against UN peacekeepers for violations of responsibility in peacekeeping operations. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of International Law, International Humanitarian Law, International Human Rights Law, and International Relations.

This book adopts a sociolegal and interdisciplinary approach to examine how the Responsibility to Protect (R2P) has been understood within the Association of Southeast Asian Nations (ASEAN).Historically, the international community has struggled to effectively address humanitarian crises worldwide. The concept of the'Responsibility to Protect'(R2P) has emerged over the past two decades as a principle that could guide states'efforts to prevent and respond to humanitarian crises. However, R2P's interpretation varies across different regions, and it remains to be established whether it can successfully achieve its goals. This book adopts an interdisciplinary approach to analyse how R2P has been perceived and applied within the Association of Southeast Asian Nations (ASEAN) and China. In particular, it explores ASEAN's, ASEAN member-states'and China's understanding and implementation of R2P, paying special attention to the 1999 East Timor crisis, the Rohingya crisis, and the West Papua conflict. The book assesses whether R2P has influenced the actions of ASEAN, its member states, and China. At a broader level, the book also explores regional approaches to international law, shedding light on Southeast Asian states'perspectives on this aspect of global governance.This book will be of much interest to students of Responsibility to Protect, Asian politics, human rights, international law, and International Relations in general.

Many ask if R2P is legally binding or not. By following the development of R2P from 2000-2022 and governments interactions with it throughout those years internationally, regionally and nationally, a perspective is given regarding its development as a norm within international law. The state practice and opinio juris of countries from different regions, representing varying perspectives, and the application of R2P throughout those years, provide the reader with insights on where R2P stands after more than 20 years of being part of the international fora.

This book revisits and interrogates the evolution of the Responsibility to Protect in search of the root cause of R2P's failure to date.Employing a critical constructivist lens throughout, the book locates the origin of that apparent failure in the close association of R2P with humanitarian intervention. In returning to the ideational underpinnings and broader ambitions of R2P's architects, the analysis reveals that reducing R2P to little more than a “solution” to the long-standing problem(s) confronting humanitarian intervention betrayed its fundamental purpose: advancing a new norm of, and for, human security provision. Employing a modified version of the norm life-cycle model as a diagnostic tool, the author uncovers the underlying dynamics of R2P's normative stagnation over the past two decades. The book concludes with a prescriptive remedy in the form of a two-part blueprint for reconstructing and reanimating R2P's normative agenda for an international society confronted by mounting and existential threats to humanity.This book will be of much interest to scholars and students of the Responsibility to Protect, human rights, security studies, and international relations in general.

This book brings together two important fields in the study of international politics and policy: climate change adaptation and mitigation (climate action) and the Responsibility to Protect (R2P). Both have attracted strong scholarly attention in each of their respective research silos, but there is yet to be a strong research push that explores the relationship between the two.Filling this gap, Ben L. Parr argues that the climate action and the R2P agendas share a common goal: to protect vulnerable human populations from large-scale harm. To substantiate this argument, Parr reveals where the historical, conceptual, and operational parallels exist between the two agendas, and where and when researchers and practitioners from both camps might work together in practice to achieve their common goal in the challenging years ahead. Notably, the book builds on recent efforts by Western governments in the UK, US, and EU to integrate climate action policies into conflict prevention and response policies. To achieve this, the volume situates a variety of climate action policies alongside the 46 policy options found in the R2P operational framework (commonly known as the R2P toolbox) across its prevention, reaction, and rebuilding phases.Climate Change Action and the Responsibility to Protect will be of significant interest to policy-orientated students and scholars, those working at the academic-policy interface in the NGO community, as well as those working in government and international organisations.

This book provides a systematic analysis of reform measures aimed at strengthening the implementation of the ‘Responsibility to Protect'(R2P) doctrine, utilising a cosmopolitan lens.In 2005, member states of the United Nations (UN) accepted a ‘Responsibility to Protect'against four mass atrocity crimes: genocide, crimes against humanity, war crimes, and ethnic cleansing. Despite this commitment, mass atrocities remain a pervasive aspect of the international landscape. In addressing R2P reform, the book utilises a ‘transitional cosmopolitan'lens. The aim of this transitional cosmopolitan approach is to promote incremental progress towards solving moral problems by operating within particular contexts and practical barriers to change. Three areas for reform are explored: the UN Security Council P5's power of veto, to prevent the veto obstructing timely and decisive R2P response action; the powers of the UN General Assembly as an alternative means for responding to mass atrocity situations; and the establishment of an ‘R2P Commission'to hold states accountable for their R2P commitments. These are not advocated as the definitive areas for R2P reform. However, each of the recommendations made can contribute at least some positive progress towards a more cosmopolitan application of the R2P that would help in curbing mass atrocity and improving the protection of fundamental human rights.This book will be of much interest to students of the Responsibility to Protect, genocide, humanitarian protection, and International Relations in general.

This book builds upon Foucauldian scholarship's compelling interrogations that have contributed to the changing conceptualization of the premises of the discipline of International Relations. This epistemological ‘glasnost'facilitates the analysis of the United Nations General Assembly endorsed ‘responsibility to protect'(R2P) as not merely a security but a security/development measure. This book unpacks the conditions that on one hand necessitate such measures and on the other hand, allow the subsequent dilution of their radical promise. This framing and analysis of R2P has implications beyond R2P. Increasingly, citizens converted into populations are shepherded by the state to chambers of partial, if not total surrender of civil liberties, standard of living, and well-being. The COVID-19 pandemic accelerated such measures for people in the Global South, who since the inception of the post Second World War order continue to await their turn to be the beneficiary ofdevelopment. The development, initially prescribed by the modernization theorists, echoed subsequently in the 1980s by the good governance promoter—World Bank—continues to elude most in the Global South. Indeed, the region's political and economic instability is often the site that renders as a truism, Foucault's upending of Clausewitz's dictum—‘War is the pursuit of politics by other means'—with ‘Politics is the pursuit of war by other means.'The thanatopolitics (politics of death) of these ‘failed,'‘failing,'or ‘flailing,'states, is the reason why their populations are seen to be in frequent need for the operationalization of the international community's ‘responsibility to protect.'

Purging the Odious Scourge of Atrocities explains the growth of a small body of human rights law that bans the use of violence against a state's own population when it is deemed a mass atrocity. These laws are binding on all states regardless of whether they have accepted it by signing treaties, or whether it is consistent with widespread state practice. Yet, this challenges the doctrine of consent, which has traditionally been the foundation of international law. Bruce Cronin argues that qualitative changes in the form of global governance are leading to an expansion in the theoretical underpinnings of international law and its role in contemporary world politics. Specifically, in limited and well-defined areas of international law, states have begun to recognize the authority of collective international consensus over individual state consent as the source of some legal rules. Cronin supports this theory by examining the degree to which the international community has, via multilateral conferences among states, developed a consensus around the legal control of'excessive internal state violence'--that is, a level of coercive force that the international community considers to be disproportionate and illegitimate for pursuing state interests within its own borders. These practices, which the Genocide Convention refers to as an'odious scourge', include widespread, systematic attacks on civilian populations; violent persecution of defined groups (including genocide, ethnic cleansing, and apartheid); torture; and the violation of civilian immunity in internal armed conflicts. In these cases, state action is subject to general international law that overrides their consent. By allowing us to rethink the mechanisms that give international law actual force, Purging the Odious Scourge of Atrocities promises to reshape our understanding of why states are required to abide by human rights norms they never consented to by treaty or customary practice.

This edited volume critically examines the Responsibility to Protect (R2P) as a guiding norm in international politics. After NATO's intervention in Libya, against the backdrop of civil wars in Syria and Yemen, and because of the cynical support for R2P by states such as Saudi Arabia, this norm is the subject of heavy criticism. It seems that the R2P is just political rhetoric, an instrument exploited by the powerful states. Hence, the R2P is being challenged. At the same time, however, institutional settings, normative discourses and contestation practices are making it more robust. New understandings of responsibility and the politics of protection are creating new normative spaces, patterns of legitimacy, and norm entrepreneurs, thereby reinforcing the R2P. This book's goals are to discuss the R2P's roots, institutional framework, and evolution; to reveal its shortcomings and pitfalls; and to explore how it is exploited by certain states. Further, it elaborates on the R2P's strength as a norm. Accordingly, the contributions presented here discuss various ways in which the R2P is being challenged or confirmed, or both at once. As the authors demonstrate, these developments concern not only diplomatic communication and political practices within international institutions, but also to normative discourses. Furthermore, the book includes chapters that reevaluate the R2P from a normative standpoint, e.g. by proposing cosmopolitan standards as a guide for states'external behavior. Other contributors reassess the historical evidence from U.N. negotiations on the R2P principle, and the productive or restrictive role of institutions. Discussing new issues relating to the R2P such as global and regional power shifts or foreign policy, as well as the phenomenon of authoritarian interventionism under the R2P umbrella, this book will appeal to all IR scholars and students interested in humanitarianism, norms, and power. By analyzing the status quo of the R2P, it enriches and broadens the debate on what the R2P currently is, and what it ought to be.

This book contributes to existing debates on the Responsibility to Protect (R2P) by demonstrating new advocacy strategies and the greater interconnectedness of various R2P proponents. In 2021, the UN General Assembly adopted a new resolution on R2P, which reaffirmed its commitment from the 2005 World Summit Outcome and put R2P on the annual agenda. For many R2P proponents, this was another manifestation of worldwide R2P relevance and of growing support among UN members to protect people from genocide, war crimes, ethnic cleansing and crimes against humanity. Yet the existing crises in Myanmar, Venezuela, Belarus, Syria and many others revealed the widening gap between the discourse and practice. This book aims to find out what keeps the concept alive despite its indisputable pitfalls. In contrast to existing studies that treat the R2P endorsement or contestation as intertwined processes of norm evolution, it argues that the status of R2P has been accomplished by the conscious politics of its advocates operating in complex global networks. As such, the book puts emphasis on the agency of R2P champions and examines who keeps the idea resonating and how they manage to preserve its worldwide relevance. Rather than proposing a new model of advocacy, the book aims to pinpoint the politics of R2P's circulation, the importance of individual R2P champions and their interconnectedness through innovative forms of cooperation within complex networks. This book will be of much interest to students of the R2P, diplomacy, human rights, foreign policy and International Relations.

Despite repeated declarations of ‘never again'in response to the commission of atrocities, civilians have continued to be targeted by their leaders and opposition groups. The international law principles of sovereignty and non-intervention, when taken at their highest, require States to stand idle and not intervene in another State regardless of what atrocities may be occurring there. This traditional legal view is being challenged by an emerging practice of States choosing to respond in non-forceful ways, inspired by the concept of the Responsibility to Protect (R2P). Drawing on R2P, this book introduces and develops an original conceptual tool –intercession –to capture and explain this change in State practice and the impact of R2P on the development of international law. Through a close examination of State practice, the work explores whether there has been an expansion in the permissible measures and situations in which States can intervene, without using force, in response to atrocity crimes occurring in other States. This book concludes that the development of the secondary duty on the international community under R2P provides the greatest opportunity to progress the R2P framework in a meaningful way, which will have a significant impact on the protection of populations from atrocity crimes. The book will be essential reading for students, researchers and policymakers working in the areas of international law, international relations, humanitarian law, and peace and security studies.

This book examines the parallel development and interaction between the International Criminal Court (ICC) and the doctrine of the Responsibility to Protect (RtoP), assessing this relationship over time and through case studies of Darfur, Libya, and Syria. The similarities and connections between the doctrine and the Court have been highlighted by UN bodies, the organs of the Court, and scholars, yet their relationship and common impact on international law have been less explored. This book fills this gap in presenting an overview of how the development of RtoP and the ICC affect various branches of international law. The research shows that while the doctrine and the Court experienced significant implementation problems in their first decades of life, they nonetheless have the potential to contribute to the historical evolution of international law in combining their values of promoting international peace and protecting human rights. This interdisciplinary study will be useful for scholars of international law and international relations. It will also be beneficial to persons working for international organisations and for civil society organisations focused on the activity of the ICC and on the development of RtoP.

This book focuses, for the first time ever, on the protection roles of human rights NGOs since the establishment of the United Nations and the adoption of the Universal Declaration of Human Rights. It also looks at how NGOs are responding to future challenges such as artificial Intelligence, robots in armed conflicts, digital threats, and the protection of human rights in outer space. Written by leading NGO human rights practitioners from different parts of the world, it sheds light on the multiple roles of the leading pillar of the global human rights movement, the Non-Governmental Organizations.'This is a rich and wonderful production, a great magnum opus that will continue to test the scrutiny of all times'Professor Theo van Boven, Professor Emeritus Law, University of Maastricht, The Netherlands.

This book focuses on measures pertaining to the three-pillar implementation strategy of R2P and examines how and to what extent the three pillars have been practised. Rich in its geographical scope, this edited book provides a critical analysis of R2P practice over the last two decades by focusing on representative cases from different regions. Analysing not only recent and/or underexplored cases but also widely studied cases from a fresh and alternative perspective, it sheds light on the depth and scope of the norm as well as the variety of actors involved and how they impact R2P practice. Diverging from most accounts, this edited book does not approach the cases as a ‘success'or ‘failure'of R2P. By studying the background to the conflicts and making assessments on a pillar-by-pillar basis, each chapter addresses the root causes, traces the process of implementation, investigates the actions of the actors involved, identifies elements of success and failure and finally questionsthe sustainability of the protection provided to date. Meanwhile, the conceptual chapters complement the case analyses through an overall evaluation of R2P's first two decades and the progress achieved so far with the aim to draw lessons for future implementations of R2P.

This edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar. The work brings together different voices of legal, policy, and international affairs experts to construct a framework which addresses the complex and nuanced issues comprising the Rohingya crisis. Although there is recognition that international legal mechanisms are moving forward more quickly than anticipated, these processes do not constitute standalone sustainable solutions. Myanmar's myriad political, social cohesion, development and security challenges are likely to persist even as justice and accountability processes move forward. Thus, this book project is premised on the consensus that the international community should complement international justice mechanisms by looking toward creative and multi-faceted approaches in addition to justice and accountability.This timely contribution will be of interest to academics, researchers, development practitioners, and human rights organizations.

This book explores the relationship between the Responsibility to Protect (R2P) and the International Criminal Court (ICC), challenging the assumption that they are always mutually reinforcing or complementary, and examining instead the many tensions which arise between the immediate imperative of saving lives, and the more long-term prospect of punishing perpetrators and preventing future conflicts through deterrence.Around the world, audiences in the mid-1990s watched the mass atrocities unfolding in Rwanda and Srebrenica in horror and disbelief. Emerging from these disasters came an international commitment to safeguard and protect vulnerable communities, as laid out in the R2P principle, and an international responsibility to punish perpetrators, with the establishment of the ICC. The book provides context-independent proposals for resolving contradictions between the two principles, suggesting that focusing on timing and sequencing in invoking international R2P and ICC actions could facilitate the easing of tensions. Drawing on examples from Uganda, Kenya, and Darfur, the book applies International Relations concepts and theories in order to deepen our understanding of international responses to mass atrocities. Ultimately the book concludes that a'Protection First, Justice Later'sequence approach is necessary for managing the tension and facilitating more effective and consistent international responses.This book makes an important contribution to discussions and debates surrounding international responses to genocide and mass atrocities. It will be of special interest to scholars, students and policymakers in International Relations, Global Governance, African Studies, International Development, Human Rights and International Criminal Law.

What motivates states to protect populations threatened by mass atrocities beyond their own borders? Most often, states and their representatives appeal to the principle of common humanity, acknowledging a conscience-shocking quality that demands a moral response. But though the idea of a common humanity is powerful, the question remains: to what extent is it effective in motivating action?The Limits of Common Humanity provides an ambitious interdisciplinary response to this question, theorizing the role of humanity as a motivational concept by building on insights from international relations, political philosophy, and international law. Through this analysis, Samuel Jarvis examines the influence the concept of humanity has had on the creation and mission of the Responsibility to Protect (R2P) commitment, while highlighting the challenges that have restricted its application in practice. By providing a new framework for thinking about how political, legal, and moral arguments interact during the process of collective decision-making, Jarvis explores the contradictory ways in which states approach the protection of human beings from mass atrocity crimes, both domestically and internationally.In the context of a rapidly changing global order, The Limits of Common Humanity is a timely reappraisal of the R2P concept and its future application, arguing for a more politically motivated response to human protection that moves beyond an appeal for morality.

The question if states should intervene in massive humanitarian emergencies without a legal right to do so, is still object of an important debate in the theory and practice of international relations. This situation has not changed with the emergence of the ‘Responsibility to Protect'norm, which stopped short of a right to intervene without a Security Council authorisation. The book assesses the impact of such unauthorised humanitarian interventions on international society and regions; it is written in the context of the English School of International Relations. Based on empirical studies the author argues that they can be progressive-constructive for international order, if conducted with explicit legitimacy, integrity, and great power participation. The argument is based on the analysis of six cases conducted between 1946 and 2005. Specific consideration is given to the cases of Liberia (1990) and Kosovo (1999). In sum, the book contributes to the solidarism-pluralism debate and the discourse on humanitarian interventions.

Seit einiger Zeit sind humanitäre Militäreinsätze verstärkt im Fokus der Geschichtswissenschaft. Die Frage nach den frühneuzeitlichen Wurzeln der humanitären Intervention ist dabei lange am Rande behandelt worden. Neuere Forschungen zeigen aber, dass militärische Gewalt zwischen 1500 und 1800 nicht selten mit dem Schutz fremder Untertanen legitimiert wurde. Hier setzt die Studie von Julian Katz an und untersucht mit dem anglo-spanischen Krieg (1585-1604) ein Fallbeispiel, bei dem beide Parteien ihre Kriegsführung als Schutzintervention zugunsten der Untertanen des Gegners rechtfertigten. Die Begründung der Intervention erfolgte anhand drei wesentlicher argumentativer Kategorien: Sicherheit, Recht und Religion/Konfession. Möglich wurde dies durch grenzübergreifende Dynamiken der nachreformatorischen Glaubenskonflikte, die neue Allianzen zwischen Herrschenden und konfessionsverwandten Untertanen anderer Souveräne hervorbrachten. Die Analyse der Entwicklung und Anwendung dieser Rechtfertigungskategorien wirft ein Schlaglicht auf zentrale Normen der politischen Kultur und Mächtebeziehungen im frühneuzeitlichen Europa und liefert einen wichtigen Beitrag zum Verständnis internationaler Politik während des konfessionellen Zeitalters.

Why do warring parties turn to United Nations peacekeeping and peacemaking even when they think it will fail? Dayal asks why UN peacekeeping survived its early catastrophes in Somalia, Rwanda, and the Balkans, and how this survival should make us reconsider how peacekeeping works. She makes two key arguments: first, she argues the UN's central role in peacemaking and peacekeeping worldwide means UN interventions have structural consequences – what the UN does in one conflict can shift the strategies, outcomes, and options available to negotiating parties in other conflicts. Second, drawing on interviews, archival research, and process-traced peace negotiations in Rwanda and Guatemala, Dayal argues warring parties turn to the UN even when they have little faith in peacekeepers'ability to uphold peace agreements – and even little actual interest in peace – because its involvement in negotiation processes provides vital, unique tactical, symbolic, and post-conflict reconstruction benefits only the UN can offer.

This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed.The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria.The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.

This book argues that the international community has a moral duty to intervene on behalf of a population affected by a natural hazard when their government is either unable or unwilling to provide basic, life-saving assistance. The work draws on law, international relations theory, and political philosophy to articulate that non-response to a natural hazard is unethical. In providing policy suggestions the author articulates what should happen based on an ethical analysis. Readers will thus gain an ethical lens with which to view intervention in the aftermath of a natural hazard. The book encourages readers to consider the nuances of arguments from various disciplines about whether or not intervention is appropriate. Whilst arguing throughout that an intervention policy in response to natural hazards should be developed by the international community, the study also accounts for why intervention should only be used in very limited situations. This interdisciplinary approach makes the book essential reading for researchers, academics and policy-makers working in the areas of international law, humanitarian studies, human rights, international relations and political science.

A look at the duty of nations to protect human rights beyond borders, why it has failed in practice, and what can be done about itThe idea that states share a responsibility to shield people everywhere from atrocities is presently under threat. Despite some early twenty-first century successes, including the 2005 United Nations endorsement of the Responsibility to Protect, the project has been placed into jeopardy due to catastrophes in such places as Syria, Myanmar, and Yemen; resurgent nationalism; and growing global antagonism. In Sharing Responsibility, Luke Glanville seeks to diagnose the current crisis in international protection by exploring its long and troubled history. With attention to ethics, law, and politics, he measures what possibilities remain for protecting people wherever they reside from atrocities, despite formidable challenges in the international arena.With a focus on Western natural law and the European society of states, Glanville shows that the history of the shared responsibility to protect is marked by courageous efforts, as well as troubling ties to Western imperialism, evasion, and abuse. The project of safeguarding vulnerable populations can undoubtedly devolve into blame shifting and hypocrisy, but can also spark effective burden sharing among nations. Glanville considers how states should support this responsibility, whether it can be coherently codified in law, the extent to which states have embraced their responsibilities, and what might lead them to do so more reliably in the future.Sharing Responsibility wrestles with how countries should care for imperiled people and how the ideal of the responsibility to protect might inspire just behavior in an imperfect and troubled world.

Much emphasis has been placed on the role that individualism, self-interest and reciprocity have in the formation and function of international legal rules. Rarely has attention been given to the presence of altruism in legal systems, let alone the international legal system. In a study that is the first of its kind in international legal scholarship, Altruism in International Law explores and analyses the emergence of altruistic legal relationships between states and people in other countries. The book also argues that the impulse for the emergence of these relationships is a cosmopolitan ideology, which co-exists with a persisting statist ideology, among the major actors in international law-making processes. Further still, the book reveals that individualistic legal norms are more often manifested as strict rules while altruistic legal norms find expression in flexible standards. This suggests that there is a connection between substance and form in international law.

This book ambitiously weaves together history and politics to explain all of the major situations where mass atrocities have occurred, or been prevented, over the 15 years since the'Responsibility to Protect'(R2P) was adopted at the 2005 UN World Summit.The author provides a history of human rights, mass atrocities and the principle of the R2P from the perspective of someone whose day job has been to work with the UN Security Council, various governments and civil society to help ensure the international community does not fail those who face the threat of genocide, war crimes and crimes against humanity today. It examines the implementation of the controversial principle of R2P since 2011 and how we end the politics of impunity, indifference and inaction once and for all. Using case studies from Iraq, Syria, Myanmar and Libya, the book offers a unique perspective regarding how we make'never again'a living principle, rather than a cliché and how we end the politics of impunity, indifference and inaction once and for all.It will be of especial interest to scholars, students and policymakers working in the fields of international politics or concerned about human rights, atrocities, the United Nations and international justice in the world today.

Humanitarian catastrophes as a consequence of progressive climate change are one of the greatest challenges of the 21st century. Franziska Kring underlines the important role of the international community of states in combating and mitigating climate change.°°In her innovative approach, the author applies the concept of Responsibility to Protect (R2P), which was originally intended to prevent human rights violations, to climate change-related humanitarian catastrophes. To this effect, she argues that state responses to such events correspond perfectly with the R2P framework. In particular, the understanding of state sovereignty as responsibility can be used as a theoretical basis for such commitments.°°The author concludes: Although a general obligation of states to take measures to mitigate climate change cannot be based on R2P, its application in the case of climate change-related humanitarian catastrophes is politically and morally justified.

This book introduces key issues on the use of force while also providing a detailed analysis of technological developments and recent legal discussions in the field. The author examines areas such as support for rebel groups, the concept of humanitarian intervention, the Responsibility to Protect and recent conversations around the fight against the'Islamic State'in a clear and accessible manner, through a thorough presentation of relevant cases and materials. This book is essential reading for students studying force and its intersection with international law.

This volume examines the ongoing construction of the Responsibility to Protect (R2P) doctrine, elaborating on areas of both consolidation and contestation.The book focuses on how the R2P doctrine has been both consolidated and contested along three dimensions, regarding its meaning, status and application. The first focuses on how the R2P should be understood in a theoretical sense, exploring it through the lens of the International Relations constructivist approach and through different toolkits available to conventional and critical constructivists. The second focuses on how the R2P interacts with other normative frameworks, and how this interaction can lead to a range of effects from mutual reinforcement and co-evolution through to unanticipated feedback that can undermine consensus and flexibility. The third focuses on how key state actors – including the United States, China and Russia – understand, use and contest the R2P. Together, the book's chapters demonstrate that broad aspects of the R2P are consolidated in the sense that they are accepted by states even while other, specific aspects, remain subject to contestation in practice and in policy.This book will be of much interest to students of the R2P, human rights, peace studies and international relations.

Die Beiträge in diesem Band bieten unterschiedliche Perspektiven auf die Internationale Schutzverantwortung. Die R2P erweist sich offensichtlich als eine robuste und dynamische Norm. Eine Norm, die sich trotz permanenter Diskussionen, Anfechtungen und Streitfragen und trotz des Missbrauchs für interessengeleitete Machtpolitik doch stetig weiterentwickelt. Und die ein Referenzpunkt für Staaten, Institutionen und nichtstaatliche Akteure bei deren Begründungen von als'humanitär'ausgewiesenen Interventionen bleibt. Es wird aber auch klar, dass diese Normunternehmer von sehr unterschiedlichen Motiven geleitet werden, sehr unterschiedliche Interessen verfolgen und die R2P auch sehr unterschiedlich interpretieren.

This book offers a critical appraisal of the international legal idea of the ‘Responsibility to Protect'.The idea that the international community has a responsibility to protect populations at risk has become the prominent mode and structure of address in response to mass human atrocities, gross human rights violations, and large-scale loss of life. Although the'international community'of liberal international law and of legal cosmopolitanism for the most part projects a self-assured collective project, this book maintains that it transforms global ethical responsibility into a project of governance, management, and control. Pursuing this argument, and drawing on critical legal literature, critical international relations and on ideas of responsibility and ethical relationality in the work of Jacques Derrida and Judith Butler, the book develops a concept of'irresponsibility'. This concept is then juxtaposed to the dominant Responsibility to Protect discourse. By exposing and acknowledging'the sites of irresponsibility'of the Responsibility to Protect, the book argues that irresponsibility itself can become the condition of ethical responsibility and the possibility of justice.This original approach to an increasingly important topic will prove invaluable to those working in international law, international relations, politics and legal theory.

Amplio y profundo estudio histórico, jurídico y político de la injerencia internacional, en todos sus aspectos y manifestaciones, desde la brutal intervención de las potencias imperialistas en los asuntos de países menos desarrollados —so pretexto de combatir focos bélicos y dictaduras locales—, hasta las misiones de paz en Naciones Unidas que, a pesar de tener otro objetivo, no dejan de causar a su vez un saldos de muertes y desgracias humanas. La autora brinda respuestas a las disímiles interrogantes sobre diversos aspectos y coberturas de la intervención, a saber, cuál es la diferencia entre esta y la misión, por qué en muchos casos el envío de los cascos azules de la ONU resulta más perjudicial que beneficioso y cómo, en definitiva, el superdesarrollo y la supremacía de unos estados no causa más que guerras, violencias y subdesarrollo de otros.

What can be done if the United Nations Security Council fails to protect people from mass atrocities? At a time of inaction and political paralysis at the United Nations, this book explains the legality of alternative action beyond the Security Council. This book takes a fresh look at the responsibility to protect and offers new and compelling insights into the powers and limits of the UN Security Council. It argues that the Security Council's responsibility to maintain international peace and security, and its responsibility to protect, do not die with its own failures. Other actors can and must take up responsibility to save those in need. In a persuasive and detailed examination of the legal framework, this research identifies options for coercive measures to be taken beyond the Council that could be used to break the deadlock, including through the General Assembly and regional organisations. It provides a must-have resource for students, academics, and researchers on key principles of international law. It also offers insight for governments, policy-makers, and other international actors on how they can uphold their legal responsibilities, maintain peace and security, and prevent their failures from undermining the very existence of the UN itself.

This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict.With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes.The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law.Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.

The concept of responsibility has emerged as central to the study of international politics. This book explores the integral role of responsibility within the context of global crises such as the responsibility to address climate change, manage financial crises, and intervene with political conflicts. Vetterlein and Hansen-Magnusson address responsibility as a conceptual tool in its own right, existing at the intersection of accountability and legitimacy and spanning across governance sectors of the environment, business, and security. This practice-based approach to the study of responsibility maps similarities and difference across policy fields and reveals the diverse moral actors responsible for negotiating responsibility. The emergence of responsibility further implicates underlying moral values and policy-making within the context of global politics. The Rise of Responsibility in World Politics addresses not only individual agency, but also how questions of community play a role in broader negotiations around the meaning of responsibility.

The idea of an international responsibility to protect, which implies that the international community or individual states should exercise graded responsibilities to protect basic human rights, remains disputed in contemporary international society. By analysing the debates about protection from mass atrocities and from human rights violations in a globalised world economy, this study discusses the problem of a fragmented human rights regime. Against this backdrop, it demonstrates the possibility of linking different concepts of protection in order to overcome the isolated implementation of different concepts of human rights protection. At the same time, this study introduces additional primary institutions of international society, thereby contributing to the English School of IR.Dr. rer. pol. Daniel Peters is a lecturer in Fundamental Rights and Security Studies at the Federal University of Applied Administrative Science, department of Federal Police, in Lübeck.

This book examines core thematic approaches to the Responsibility to Protect (R2P) and analyzes case studies regarding the implementation of this important global norm. The volume analyzes this process at international, regional and local levels, and identifies an urgent need to progress from conceptual debates towards implementation in practice, in order to understand how to operationalize the preventive dimension of the R2P. It argues that R2P implementation necessarily entails the efforts of actors across governance levels, and that it is more effective when integrated into existing sites of practice aimed at strengthening human rights and accountability for populations in atrocity risk situations. The book addresses R2P implementation in the context of agendas such as resilience, gender, development cooperation, human rights, transitional justice, peacekeeping and civil-military relations. It details progress and challenges for implementation in the United Nations, regionally in Africa, Europe and Southeast Asia, and through national atrocity prevention architectures. The volume provides readers with a breadth of understanding in terms of both the development and current status of the R2P norm, and practical tools for advancing its implementation.This book will be of much interest to students of the Responsibility to Protect, Human Rights, Peace Studies, and International Relations in general.

This book offers a novel and contemporary examination of the ‘responsibility to protect'(R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases.The book dissects each of R2P's three component pillars to examine their international legal underpinnings, drawing upon diverse legal frameworks – including the laws of the UN, laws of international organisations, human rights law, humanitarian law, criminal law, environmental law, and laws of State responsibility – to extract conclusions regarding existing and emerging host and third-State obligations to prevent and react to mass atrocity crimes. It uses this legal grounding to critically examine specific aspects of the Libyan and Syrian R2P cases, engaging with some of the more traditional debates surrounding R2P's application, most notably those that pertain to the use of force (or lack thereof), but also exploring some of the less-researched non-military methods that were or could have been employed by States and international organisations to uphold the doctrine. Such an analysis captures the diversity in the means and actors through which R2P can be implemented and allows for the extraction of more nuanced conclusions regarding the doctrine's strengths and limitations, gaps in enforceability, levels of State support, and future trajectory.The book will be of interest to scholars and students in the field of international law and human rights law.

This book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention. In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law.

In Children and the Responsibility to Protect, Bina D'Costa and Luke Glanville bring together more than a dozen academics and practitioners from around the world to examine the intersections of the Responsibility to Protect (R2P) principle and the theory and practice of child protection. Contributors consider themes including how the agency and vulnerability of children is represented and how their voices are heard in discussions of R2P and child protection, and the merits of drawing together the R2P and Children and Armed Conflict (CAAC) agendas, as well as case studies of children's lives in conflict zones, child soldiers, and children born of conflict-related sexual violence. This collection of essays was first published in the journal Global Responsibility to Protect (vol.10/1-2, 2018) as a special issue. Contributors are: J. Marshall Beier, Letícia Carvalho, Bina D'Costa, Myriam Denov, Luke Glanville, Michelle Godwin, Erin Goheen Glanville, Cecilia Jacob, Dustin Johnson, Atim Angela Lakor, Katrina Lee-Koo, Ryoko Nakano, Jochen Prantl, Jeremy Shusterman, Hannah Sparwasser Soroka, Timea Spitka, Jana Tabak, Shelly Whitman.

This book critically examines arguments about ‘obligation'and ‘responsibility'in relation to the responsibility to protect (R2P) and situates it within wider moral argumentation concerning the role of culpability, answerability, and human rights in international affairs.It discusses the ways in which R2P has been imagined and contested in order to illuminate some possible trajectories through which its potential might be actualized. Crucial to the development of a more ‘responsible'world politics will be the recognition that formal inter-state ‘regimes'of responsibility will need to be embedded within wider social ‘fields'of responsibility constituted by the participation of attentive and mobilized global citizens ready to hold elites accountable. This book provides novel ideas to better understand the role of rhetoric and moral argumentation in international relations. Much of the novel contribution comes in the form of its conceptual breakdown of the ambiguous concept of ‘responsibility,'which often clouds clear understanding not only in international relations, but also in the specific debates over the ethics and practice of the international responsibility to protect regime. This book will be of much interest to students of the responsibility to protect, human rights, global governance, and international relations in general.

« Si l'intervention humanitaire constitue effectivement une atteinte inadmissible à la souveraineté, comment devons-nous réagir face à des situations comme celles dont nous avons été témoins au Rwanda ou à Srebrenica, durant des violations flagrantes, massives et systématiques des droits de l'Homme, qui vont à l'encontre de tous les principes sur lesquels est fondée notre condition d'êtres humains? », s'est interrogé Kofi Annan dans son rapport du Millénaire. L'utilisation intéressée du principe de la responsabilité de protéger par les États l'a dévoyé de son esprit humanitaire. Cet ouvrage révèle et analyse le système international de mise en oeuvre dudit principe sous l'empire de la Charte des Nations Unies, et celui régional établi par l'Union Africaine et la Communauté économique des États de l'Afrique de l'Ouest (CEDEAO).

Despite the disasters of Iraq, Afghanistan, Syria and ever more visible evidence of the horrors of war, the concepts of'Humanitarian Intervention'and'Just War'enjoy widespread legitimacy and continue to exercise an unshakeable grip on our imaginations.Robin Dunford and Michael Neu provide a clear and comprehensive critique of both Just War Theory and the Responsibility to Protect (R2P) doctrine, deconstructing the philosophical, moral and political arguments that underpin them. In doing so, they show how proponents of Just War and R2P have tended to treat killing in a way which obscures the complex and often messy reality of war, and pays little heed to the human impact of such conflicts. Going further, they provide answers to such difficult questions as'Surely it would have been just for us to intervene in the Rwandan genocide?'An essential guide to one of the most difficult moral and political issues of our age.

This book conceptualizes Responsibility to Protect doctrine (R2P) as part of a global cosmopolitan agenda, drawing on the work of Jürgen Habermas, and argues that R2P is reflective of a shift towards a more cosmopolitan approach to human protection. The author also proposes a framework of analysis that includes a strong legal dimension in order to advance reforms to the international legal, political and military structures in order to better prevent humanitarian crises and protect civilians in times of conflict. The volume explores the cosmopolitan, moral and legal progress that has occurred—and could yet occur—under R2P as the approach to human protection transitions in the Post-Cold War era.

This book investigates what impact gender equality has on genocide in Africa, to verify whether it is a missing indicator from current risk assessments and models for genocide prevention.Examining whether States characterised by lower levels of gender equality are more likely to experience genocide, Timmoneri adds gender indicators to the existing early warning assessment for the prevention of genocide. Moreover, the book argues for the formulation of policies directed at the improvement of gender equality not just as a means to improve women's conditions but as a tool to reduce the risk of genocide and mass atrocities. Using case studies from Nigeria, Ethiopia, Angola, Uganda, and Burundi, Timmoneri analyses recent atrocities and explores the role of gender equality as an indicator of potential genocide. Gender Equality and Genocide Prevention in Africa will be of interest to students and scholars of political science, genocide studies, and gender studies.

This book tracks the development of the emerging international legal principle of a responsibility to protect over the past two decades. It contrasts the influential version of the principle introduced by the International Commission on Intervention and State Sovereignty in 2001 with subsequent interpretations of the responsibility to protect advocated by the United Nations through its human protection agenda, and reviews the dangers and inconsistencies inherent in both perspectives. The author demonstrates that the evolving responsibility to protect principle can be recruited to support a wide range of irreconcilable projects, from those of cosmopolitan constitutionalism to those of hegemonic international law. However, despite the dangers posed by this susceptibility to conceptual hijacking, Oman argues that the responsibility to protect, like human rights, is an essential a modern emancipatory formation. To remedy this dangerous malleability, the author advocates a third, distinctive interpretation of the responsibility to protect designed to limit its cooptation by liberal anti-pluralist and hegemonic international law agendas. Oman outlines the key features of such a minimalist conception, and explores its fit with the'RtoP'version of the responsibility to protect promoted in recent years by the UN. The author argues that two crucial features missing from the UN reading of the principle should be developed in future: an acknowledgement of the role of non-state actors as bearers of the responsibility to protect, and a recognition of the principle's legal character. Both of these aspects of the principle offer means to democratize the international law-making enterprise.

This volume is a collection of some of the key essays by Ramesh Thakur on the origins, implementation and future prospects of the Responsibility to Protect (R2P) norm.The book offers a comprehensive yet accessible review of the origins, evolution, advances and shortcomings of the R2P principle. A literature review is followed by an overview of the background, meaning and development of R2P. With a focus on the International Commission on Intervention and State Sovereignty (ICISS), Part I analyses the features of, and explains the factors that make for success and failure of commission diplomacy. Part II discusses the controversies surrounding efforts to implement R2P, including the role and importance of emerging powers. Part III describes the remaining protection gaps and explains why R2P will remain relevant because it is essentially demand driven. Finally, the book concludes with a look back at the origins of R2P and looks ahead to possible future directions.This book will be essential for students of the Responsibility to Protect, and of much interest to students of global governance, human rights, international law and international relations.

This book explains why there is a pronounced disjuncture between R2P's habitual invocation and its actual influence, and why it will not make the transformative progress its proponents claim. Rather than disputing that R2P is a norm, or declaring that norms are insignificant, Hehir engages with post-positivist constructivist accounts on the role of norms to demonstrate first, that the efficacy of a norm is not directly related to the extent to which it is proliferated or invoked, and second, that in the post-institutionalization phase, norms undergo both contestation and (potentially regressive) reinterpretation. This volume analyses the evolution of R2P, and demonstrates that it has been steadily circumscribed and co-opted, so that today it has no power to meaningfully influence the behaviour of states. It is essential reading for academic audiences in the disciplines of International Relations and International Law.

Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection's legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.