{"title":"保护平民任务和国家首要责任的语言:和平与安全的法律规范","authors":"Tamer Morris","doi":"10.1163/18781527-bja10074","DOIUrl":null,"url":null,"abstract":"\nWhen the Security Council mandates the protection of civilians mandate in UN peacekeeping missions, it inadvertently forms an obligation on States involved with UN peace missions. To affirm the concept of State sovereignty, the Security Council constantly references ‘the primary responsibility of the State to protect’ within their resolutions. This developing norm, beginning within the protection of civilians mandate, is an expansion of existing obligations under ihl and ihrl. Within the text of Security Council resolutions there is an obligation that States who are a party to a niac are responsible for peace and security. Therefore, force should be used for peace and security, rather than for “triumphing” in the conflict or entrenching power. As such, a State can achieve its obligations under ihl when governments take all reasonable steps to conclude the conflict, for any hostilities within civilian areas by its very nature is a breach of a State’s obligation and responsibility to protect their own civilians.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Language of the Protection of Civilians Mandate and the Primary Responsibility of the State: A Legal Norm for Peace and Security\",\"authors\":\"Tamer Morris\",\"doi\":\"10.1163/18781527-bja10074\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nWhen the Security Council mandates the protection of civilians mandate in UN peacekeeping missions, it inadvertently forms an obligation on States involved with UN peace missions. To affirm the concept of State sovereignty, the Security Council constantly references ‘the primary responsibility of the State to protect’ within their resolutions. This developing norm, beginning within the protection of civilians mandate, is an expansion of existing obligations under ihl and ihrl. Within the text of Security Council resolutions there is an obligation that States who are a party to a niac are responsible for peace and security. Therefore, force should be used for peace and security, rather than for “triumphing” in the conflict or entrenching power. As such, a State can achieve its obligations under ihl when governments take all reasonable steps to conclude the conflict, for any hostilities within civilian areas by its very nature is a breach of a State’s obligation and responsibility to protect their own civilians.\",\"PeriodicalId\":41905,\"journal\":{\"name\":\"Journal of International Humanitarian Legal Studies\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2023-05-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Humanitarian Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/18781527-bja10074\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Humanitarian Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18781527-bja10074","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
The Language of the Protection of Civilians Mandate and the Primary Responsibility of the State: A Legal Norm for Peace and Security
When the Security Council mandates the protection of civilians mandate in UN peacekeeping missions, it inadvertently forms an obligation on States involved with UN peace missions. To affirm the concept of State sovereignty, the Security Council constantly references ‘the primary responsibility of the State to protect’ within their resolutions. This developing norm, beginning within the protection of civilians mandate, is an expansion of existing obligations under ihl and ihrl. Within the text of Security Council resolutions there is an obligation that States who are a party to a niac are responsible for peace and security. Therefore, force should be used for peace and security, rather than for “triumphing” in the conflict or entrenching power. As such, a State can achieve its obligations under ihl when governments take all reasonable steps to conclude the conflict, for any hostilities within civilian areas by its very nature is a breach of a State’s obligation and responsibility to protect their own civilians.
期刊介绍:
The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law. The Journal welcomes submissions in the areas of international humanitarian law, international human rights law, international refugee law and international law relating to disaster response. In addition, other areas of law can be identified including, but not limited to the norms regulating the prevention of humanitarian emergency situations, the law concerning internally displaced persons, arms control and disarmament law, legal issues relating to human security, and the implementation and enforcement of humanitarian norms. The Journal´s objective is to further the understanding of these legal areas in their own right as well as in their interplay. The Journal encourages writing beyond the theoretical level taking into account the practical implications from the perspective of those who are or may be affected by humanitarian emergency situations. The Journal aims at and seeks the perspective of academics, government and organisation officials, military lawyers, practitioners working in the humanitarian (legal) field, as well as students and other individuals interested therein.