The tragic events in the 1990s in Rwanda, Srebrenica and Kosovo, and the crisis in Libya in 2011 have triggered a fundamental rethinking of the role and responsibility of the international community. It is now accepted that while individual states continue to bear the primary responsibility to protect their populations against genocide, ethnic cleansing, crimes against humanity and war crimes within their boundaries, the international community should step in when the state is unable or unwilling to provide such protection. The principle of the Responsibility to Protect, or RtoP, reflects this recognition, and provides the normative basis for involvement of the international community in cases of mass atrocities. This thoughtful work is a major contribution towards clarifying what RtoP can offer, moving from principle to practice. It spans the disciplines of international law, international relations, and moral philosophy.
|Julia Hoffmann is assistant professor of Media, Peace and Conflict Studies at the University for Peace in Costa Rica.
Responsibility to Protect - 2[-]Table of Contents - 6[-]Preface - 10[-]List of Abbreviations - 12[-]Introduction - 14[-]1 The 2007-08 Post-Election Crisis in Kenya A Success Story for the Responsibility to Protect? - 28[-]Part I The Emergence of the Responsibility to Protect - 38[-] 2 The Responsibility to Protect: The Journey - 40[-] 3 Reconstituting Humanity as Responsibility?The 'Turn to History' in International Law and the Responsibility to Protect - 48[-] 4 Canada's Role in the Conceptual Impetus of the Responsibility to Protect and Current Contributions - 62[-] 5 The Responsibility to Protect within the Security Council's Open Debates on the Protection of Civilians A Growing Culture of Protection - 72[-]Part II The Responsibility to Protect under International Law - 84[-] 6 The Scope of the Crimes Triggering the Responsibility to Protect - 86[-] 7 The Responsibility to Protect and Common Article 1 of the 1949 Geneva Conventions and Obligations of Third States - 94[-] 8 The Responsibility to Prevent On the Assumed Legal Nature of Responsibility to Protect and its Relationship with Conflict Prevention - 112[-] 9 The Responsibility to Protect and the Obligations of States and Organisationsunder the Law of International Responsibility - 126[-] 10 Consensual Intervention and the Responsibility to Protect Responsibility to Protect's Place within the Legal Framework of Consensual Intervention in Internal Armed Conflict - 140[-]Part III Humanitarian Intervention and the Responsibility to Protect - 156[-] 11 Has Humanitarian Intervention Become Part of International Law under the Responsibility to Protect Doctrine? - 158[-] 12 Assigning Humanitarian Intervention and the Responsibility to Protect - 174[-] 13 The Responsibility to Protect and Humanitarian Intervention - 186[-]Part IV International Organisations and the Responsibility to Protect - 198[-] 14 The Responsibility to Protect and the Permanent Five The Obligation to Give Reasons for a Veto - 200[-] 15 The African Union and the Responsibility to Protect Principles and Limitations - 214[-] 16 ASEAN Responses to the Responsibility to Protect Challenges, Opportunities and Constraints - 238[-]Part V Implementing the Responsibility to Protect - 272[-] 18 A Responsibility to Protect or Preclude?Examining the Beneficiaries of the Responsibility to Protect - 274[-] 19 The Responsibility to Protect Unilateral Non-Forcible Measures and International Law - 292[-] 20 The Responsibility to Protect Through the International Court of Justice - 306[-] 21 Taking Prevention of Genocide Seriously Media Incitement to Genocide Viewed in the Light of the Responsibility to Protect - 320[-] 22 Contextualising the Prevention of Genocide - 338[-] 23 Ending Our Age of Suffering A Plan to End Genocide - 348[-]Concluding Observations - 356[-]List of Contributors - 374[-]General Index - 380[-]Index of Treaties and Other International Documents - 384