Pub Date : 2020-10-05DOI: 10.1163/1875-984X-01204005
Fatou Bensouda
In this contribution, the author reflects on the Forum topic ‘R2P 15 Years after the World Summit: Progress, Problems and Prospects’, and provides her perspective as Prosecutor of the International Criminal Court (icc) on the correlation between R2P and the principles and goals of the icc Rome Statute, against the backdrop of increasing pressures on multilateralism and multilateral institutions.
{"title":"The Progress and Convergence of the icc and R2P Norms in a Rules-Based Global Order","authors":"Fatou Bensouda","doi":"10.1163/1875-984X-01204005","DOIUrl":"https://doi.org/10.1163/1875-984X-01204005","url":null,"abstract":"\u0000In this contribution, the author reflects on the Forum topic ‘R2P 15 Years after the World Summit: Progress, Problems and Prospects’, and provides her perspective as Prosecutor of the International Criminal Court (icc) on the correlation between R2P and the principles and goals of the icc Rome Statute, against the backdrop of increasing pressures on multilateralism and multilateral institutions.","PeriodicalId":38207,"journal":{"name":"Global Responsibility to Protect","volume":"129 1","pages":"372-375"},"PeriodicalIF":0.9,"publicationDate":"2020-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77923635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-05DOI: 10.1163/1875-984X-01204002
Charles T. Hunt, Cecilia Jacob, A. Gallagher
This short article introduces the GR2P Forum reflecting on the Responsibility to Protect (R2P) doctrine 15 years after it was institutionalised at the international level through the World Summit Outcome Document. It contextualises the relevance of critical reflections on the R2P at its 15th anniversary and then lays out the aims and objectives of the Forum. It provides an overview of the different contributions, describing the perspectives of the authors and the key arguments they present.
{"title":"Progress, Problems, and Prospects: R2P 15 Years after the World Summit","authors":"Charles T. Hunt, Cecilia Jacob, A. Gallagher","doi":"10.1163/1875-984X-01204002","DOIUrl":"https://doi.org/10.1163/1875-984X-01204002","url":null,"abstract":"\u0000This short article introduces the GR2P Forum reflecting on the Responsibility to Protect (R2P) doctrine 15 years after it was institutionalised at the international level through the World Summit Outcome Document. It contextualises the relevance of critical reflections on the R2P at its 15th anniversary and then lays out the aims and objectives of the Forum. It provides an overview of the different contributions, describing the perspectives of the authors and the key arguments they present.","PeriodicalId":38207,"journal":{"name":"Global Responsibility to Protect","volume":"31 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2020-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77520993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-29DOI: 10.1163/1875-984X-20200005
Benedict Docherty, Xavier Mathieu, J. Ralph
This article explains why R2P failed to motivate action to protect vulnerable Syrians in the first two years of the crisis. We focus on the United States and argue that official discourse ‘localised’ the meaning R2P by grafting it on to preconceived ideas of America’s role in supporting democratic revolutions, which is how the situation was understood. American ‘exemplarism’ demanded the US support democracy by calling on Assad to go while not corrupting the ‘homegrown’ revolution through foreign intervention. The call for political and criminal accountability aligned exemplarist democracy promotion to R2P, but it did nothing to protect vulnerable populations from the conflict that ensued. This refraction of the norm complicated the United Nations sponsored peace process, which provided an alternative means of protecting the Syrian population. We address a gap in the literature by examining Western localisation and draw policy lessons, namely the importance of examining national predispositions when implementing R2P.
{"title":"R2P and the Arab Spring: Norm Localisation and the US Response to the Early Syria Crisis","authors":"Benedict Docherty, Xavier Mathieu, J. Ralph","doi":"10.1163/1875-984X-20200005","DOIUrl":"https://doi.org/10.1163/1875-984X-20200005","url":null,"abstract":"This article explains why R2P failed to motivate action to protect vulnerable Syrians in the first two years of the crisis. We focus on the United States and argue that official discourse ‘localised’ the meaning R2P by grafting it on to preconceived ideas of America’s role in supporting democratic revolutions, which is how the situation was understood. American ‘exemplarism’ demanded the US support democracy by calling on Assad to go while not corrupting the ‘homegrown’ revolution through foreign intervention. The call for political and criminal accountability aligned exemplarist democracy promotion to R2P, but it did nothing to protect vulnerable populations from the conflict that ensued. This refraction of the norm complicated the United Nations sponsored peace process, which provided an alternative means of protecting the Syrian population. We address a gap in the literature by examining Western localisation and draw policy lessons, namely the importance of examining national predispositions when implementing R2P.","PeriodicalId":38207,"journal":{"name":"Global Responsibility to Protect","volume":"1 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2020-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87465404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-29DOI: 10.1163/1875-984x-20200003
S. Bokeriya
This article analyses the key aspects of the brics countries’ joint position on the ‘responsibility to protect’ (R2P) concept, as well as the degree of their influence on transforming R2P into a global norm. The author’s aim was to answer the following questions: What interconnection is there between the brics and R2P discourses? How can brics stimulate an alternative interpretation of the R2P idea? In terms of cross-border partnerships, is R2P-based cooperation possible within the brics framework, and are states ready to expand it in the future? brics member states have demonstrated several common approaches to R2P, including their reliance on mechanisms strengthening the role of the state, their support for the UN position on peaceful conflict settlement, and preventive diplomacy.
{"title":"Key Aspects of Combined Thinking of the brics Countries on the Responsibility to Protect","authors":"S. Bokeriya","doi":"10.1163/1875-984x-20200003","DOIUrl":"https://doi.org/10.1163/1875-984x-20200003","url":null,"abstract":"This article analyses the key aspects of the brics countries’ joint position on the ‘responsibility to protect’ (R2P) concept, as well as the degree of their influence on transforming R2P into a global norm. The author’s aim was to answer the following questions: What interconnection is there between the brics and R2P discourses? How can brics stimulate an alternative interpretation of the R2P idea? In terms of cross-border partnerships, is R2P-based cooperation possible within the brics framework, and are states ready to expand it in the future? brics member states have demonstrated several common approaches to R2P, including their reliance on mechanisms strengthening the role of the state, their support for the UN position on peaceful conflict settlement, and preventive diplomacy.","PeriodicalId":38207,"journal":{"name":"Global Responsibility to Protect","volume":"1 1","pages":"336-354"},"PeriodicalIF":0.9,"publicationDate":"2020-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89900934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-29DOI: 10.1163/1875-984x-20200002
R. Essawy
In this article, I argue that contemporary international law imposes an obligation upon the UN Security Council permanent members to refrain from using their veto repeatedly in ways that impede the Council from acting against violations of peremptory norms. This obligation not to veto emanates from the duty to cooperate to end violations of peremptory norms as enshrined in Article 41(1) of the International Law Commission Articles on State Responsibility. For this purpose, I demonstrate that the duty to cooperate itself possesses a peremptory character under the theory of ‘consequential jus cogens’, whereby effects of jus cogens norms are themselves peremptory. In doing so, this article contributes to the ongoing debates concerning the legal nature of the effects of jus cogens norms by showing that the theory of ‘consequential jus cogens’ is an application of the generally accepted maxim accessorium sequitur principale and thus forms part of positive international law.
{"title":"The Responsibility Not to Veto Revisited under the Theory of ‘Consequential Jus Cogens’","authors":"R. Essawy","doi":"10.1163/1875-984x-20200002","DOIUrl":"https://doi.org/10.1163/1875-984x-20200002","url":null,"abstract":"In this article, I argue that contemporary international law imposes an obligation upon the UN Security Council permanent members to refrain from using their veto repeatedly in ways that impede the Council from acting against violations of peremptory norms. This obligation not to veto emanates from the duty to cooperate to end violations of peremptory norms as enshrined in Article 41(1) of the International Law Commission Articles on State Responsibility. For this purpose, I demonstrate that the duty to cooperate itself possesses a peremptory character under the theory of ‘consequential jus cogens’, whereby effects of jus cogens norms are themselves peremptory. In doing so, this article contributes to the ongoing debates concerning the legal nature of the effects of jus cogens norms by showing that the theory of ‘consequential jus cogens’ is an application of the generally accepted maxim accessorium sequitur principale and thus forms part of positive international law.","PeriodicalId":38207,"journal":{"name":"Global Responsibility to Protect","volume":"2 1","pages":"299-335"},"PeriodicalIF":0.9,"publicationDate":"2020-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88330532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-29DOI: 10.1163/1875-984x-20200001
Mike Ribeiro, M. Medeiros, Alexandre Cesar Cunha Leite
Recently, the behaviour of emerging powers in relation to R2P has been understood as that of norm-shapers: states that seek to adjust the norm so that it conforms to their particular understandings. In this behaviour, respect for sovereignty is seen as a central concern. In the English School of International Relations, identification with the institution of sovereignty reflects an approach called pluralism. China’s behaviour is consistent with a pluralist approach to international relations. This paper aims to examine the Chinese positions regarding R2P, in order to identify pluralist traits in them. The procedure was to raise, inductively, prescriptions made by China, associating them with theoretical categories. From an analysis of the Chinese positions, it can be demonstrated that China’s behaviour reveals a paradigmatic case of a pluralist norm-shaper. Qualitative Content Analysis techniques were used as a methodological approach, while MAXQDAplus software was applied as a tool to aid in the coding of declarations.
{"title":"China’s Engagement with R2P: Pluralist Shaper?","authors":"Mike Ribeiro, M. Medeiros, Alexandre Cesar Cunha Leite","doi":"10.1163/1875-984x-20200001","DOIUrl":"https://doi.org/10.1163/1875-984x-20200001","url":null,"abstract":"Recently, the behaviour of emerging powers in relation to R2P has been understood as that of norm-shapers: states that seek to adjust the norm so that it conforms to their particular understandings. In this behaviour, respect for sovereignty is seen as a central concern. In the English School of International Relations, identification with the institution of sovereignty reflects an approach called pluralism. China’s behaviour is consistent with a pluralist approach to international relations. This paper aims to examine the Chinese positions regarding R2P, in order to identify pluralist traits in them. The procedure was to raise, inductively, prescriptions made by China, associating them with theoretical categories. From an analysis of the Chinese positions, it can be demonstrated that China’s behaviour reveals a paradigmatic case of a pluralist norm-shaper. Qualitative Content Analysis techniques were used as a methodological approach, while MAXQDAplus software was applied as a tool to aid in the coding of declarations.","PeriodicalId":38207,"journal":{"name":"Global Responsibility to Protect","volume":"106 1","pages":"271-298"},"PeriodicalIF":0.9,"publicationDate":"2020-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76146827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-29DOI: 10.1163/1875-984x-20200004
Elisabeth Pramendorfer
Over the past fifteen years since the adoption of the Responsibility to Protect, all eyes have been on the UN Security Council and its ability to respond to situations at imminent risk of, or experiencing, atrocity crimes. To the contrary, little attention has been given to the Geneva-based Human Rights Council (hrc) and its procedures and mechanisms. This is interesting considering that the hrc has responded to emerging and protracted atrocity situations around the world, often at times when the Security Council remained silent. hrc response to atrocities in Myanmar, Venezuela, and elsewhere highlights the unique role it can play in implementing R2P and triggering follow-up action outside of Geneva; yet, much remains to be done to overcome both institutional and political challenges to fully utilise the hrc’s potential to uphold our individual and shared responsibility to protect.
{"title":"The Role of the Human Rights Council in Implementing the Responsibility to Protect","authors":"Elisabeth Pramendorfer","doi":"10.1163/1875-984x-20200004","DOIUrl":"https://doi.org/10.1163/1875-984x-20200004","url":null,"abstract":"Over the past fifteen years since the adoption of the Responsibility to Protect, all eyes have been on the UN Security Council and its ability to respond to situations at imminent risk of, or experiencing, atrocity crimes. To the contrary, little attention has been given to the Geneva-based Human Rights Council (hrc) and its procedures and mechanisms. This is interesting considering that the hrc has responded to emerging and protracted atrocity situations around the world, often at times when the Security Council remained silent. hrc response to atrocities in Myanmar, Venezuela, and elsewhere highlights the unique role it can play in implementing R2P and triggering follow-up action outside of Geneva; yet, much remains to be done to overcome both institutional and political challenges to fully utilise the hrc’s potential to uphold our individual and shared responsibility to protect.","PeriodicalId":38207,"journal":{"name":"Global Responsibility to Protect","volume":"96 6 1","pages":"239-245"},"PeriodicalIF":0.9,"publicationDate":"2020-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91114035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-08DOI: 10.1163/1875984x-01202003
A. Pytlak
When adopted in 2013 the international Arms Trade Treaty (att) was widely heralded for its life-saving potential and for bringing human rights and humanitarian concerns squarely into international arms transfers decision-making processes. This article takes a critical look at the att meeting cycle, which comprises an annual conference of states parties (csp), as well as preparatory sessions and meetings of the Treaty’s working groups. The article is guided by the question, are att meetings being used to their full potential to meet the Treaty’s objectives and prevent atrocities? It studies two aspects of the att meeting cycles—working groups and annual csp thematic areas of focus — to demonstrate the nature of the substantive outcomes that are emerging from conferences. The article identifies that the inability of states parties to use the meetings to address matters of compliance with the att’s prohibition and risk assessment requirements constitutes a major shortcoming, and offers suggestions and alternatives for states parties and other stakeholders.
{"title":"Are Arms Trade Treaty Meetings Being Used to Their Full Potential?","authors":"A. Pytlak","doi":"10.1163/1875984x-01202003","DOIUrl":"https://doi.org/10.1163/1875984x-01202003","url":null,"abstract":"When adopted in 2013 the international Arms Trade Treaty (att) was widely heralded for its life-saving potential and for bringing human rights and humanitarian concerns squarely into international arms transfers decision-making processes. This article takes a critical look at the att meeting cycle, which comprises an annual conference of states parties (csp), as well as preparatory sessions and meetings of the Treaty’s working groups. The article is guided by the question, are att meetings being used to their full potential to meet the Treaty’s objectives and prevent atrocities? It studies two aspects of the att meeting cycles—working groups and annual csp thematic areas of focus — to demonstrate the nature of the substantive outcomes that are emerging from conferences. The article identifies that the inability of states parties to use the meetings to address matters of compliance with the att’s prohibition and risk assessment requirements constitutes a major shortcoming, and offers suggestions and alternatives for states parties and other stakeholders.","PeriodicalId":38207,"journal":{"name":"Global Responsibility to Protect","volume":"9 1","pages":"156-177"},"PeriodicalIF":0.9,"publicationDate":"2020-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82233428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-08DOI: 10.1163/1875984x-01202002
R. Acheson
This article explains gender-based violence (gbv) and the relationship between gbv and the international arms trade. It examines how governments and activists worked together to ensure that the Arms Trade Treaty included a legally binding provision to prevent gbv, and how this provision has been used—or not used—since the Treaty’s adoption in 2013. It also encourages states, arms producers, lawyers, and activists to work to ensure that human lives and wellbeing are prioritised over profits as an imperative to realising the att’s objective and purpose, and to ensuring respect for the rule of law and international law.
{"title":"Gender-Based Violence and the Arms Trade","authors":"R. Acheson","doi":"10.1163/1875984x-01202002","DOIUrl":"https://doi.org/10.1163/1875984x-01202002","url":null,"abstract":"This article explains gender-based violence (gbv) and the relationship between gbv and the international arms trade. It examines how governments and activists worked together to ensure that the Arms Trade Treaty included a legally binding provision to prevent gbv, and how this provision has been used—or not used—since the Treaty’s adoption in 2013. It also encourages states, arms producers, lawyers, and activists to work to ensure that human lives and wellbeing are prioritised over profits as an imperative to realising the att’s objective and purpose, and to ensuring respect for the rule of law and international law.","PeriodicalId":38207,"journal":{"name":"Global Responsibility to Protect","volume":"28 1","pages":"139-155"},"PeriodicalIF":0.9,"publicationDate":"2020-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75547258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-08DOI: 10.1163/1875984x-01202005
D. Ray
{"title":"Commentary: Making Sense of the World that the att and the sdgs Are Designed to ‘Fix’","authors":"D. Ray","doi":"10.1163/1875984x-01202005","DOIUrl":"https://doi.org/10.1163/1875984x-01202005","url":null,"abstract":"","PeriodicalId":38207,"journal":{"name":"Global Responsibility to Protect","volume":"95 1","pages":"202-210"},"PeriodicalIF":0.9,"publicationDate":"2020-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80420892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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