Alexandra Lort Phillips W1320533 April 5
2011LLM Dispute ResolutionInternational Human Rights Module 1LM 7B2
made it their goal to consult a wide body of opinion on the matter and report back tothe General Assembly in order to provide clarity, guidance and direction. The resulting documentoutlines basic principles that place responsibility to protect squarely within the meaning of sovereignty yet add that the principle of non-intervention yields to the international responsibilityto protect
where the state in question fails. The report explicitly differentiates responsibility toprotect from humanitarian intervention renaming the latter as military intervention for humanprotection purposes
presenting responsibility to protect as a range of obligations with militaryintervention for human protection as a final resort with proportionate minimal application. TheICISS report in three main ways describes R2P as a new way of looking at intervention firstly fromperspective of the community at risk, secondly of the sharing of responsibility of the state with theinternational community and thirdly the need for ongoing prevention and rebuilding work thatshould take place along with any military intervention.
The doctrine is described in furthersubstantial documents following the Commission report,
World Summit 2005 Outcomesparagraphs 138 and 139,
debated by the General Assembly in July 2009 and subject of a resolution
ICISS Commission Report, 2001 p. 85 ICISS was funded by the Canadian Government, together with majorinternational foundations including the Carnegie Corporation of New York, the William and Flora HewlettFoundation, the John D. and Catherine T. MacArthur Foundation, the Rockefeller Foundation, and the SimonsFoundation. ICISS is also indebted to the Governments of Switzerland and the United Kingdom for theirgenerous financial and in-kind support to the work of the Commission.
See note 2 at p. XI
See note 2 at p.9
Stahn, Carsten, 2007, Responsibility to Protect: Political Rhetoric or Emerging Legal Norm?,
merican Journal of International Law,
United Nations reform in the High-Level Panel report on Threats, Challenges and Change in 2004, and in2005 in the Secretary-Generals report In Larger Freedom: Towards Development, Security and Human Rightsfor All, the World Summit Outcome report
World Summit Outcome Report 2005 paragraphs OP 138: Each individual State has the responsibility toprotect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. Thisresponsibility entails the prevention of such crimes, including their incitement, through appropriate andnecessary means. We accept that responsibility and will act in accordance with it. The international communityshould, as appropriate, encourage and help States to exercise this responsibility and support the UnitedNations in establishing an early warning capability.OP 139: The international community, through the United Nations, also has the responsibility to useappropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter, to help to protect populations from genocide, war crimes, ethnic cleansing and crimes againsthumanity. In this context, we are prepared to take collective action, in a timely and decisive manner, throughthe Security Council, in accordance with the Charter, including Chapter VII, on a case-by-case basis and incooperation with relevant regional organizations as appropriate, should peaceful means be inadequate andnational authorities are manifestly failing to protect their populations from genocide, war crimes, ethniccleansing and crimes against humanity. We stress the need for the General Assembly to continueconsideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing andcrimes against humanity and its implications, bearing in mind the principles of the Charter and internationallaw. We also intend to commit ourselves, as necessary and appropriate, to helping States build capacity toprotect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and toassisting those which are under stress before crises and conflicts break out.