The history of international law is replete with concepts that have generated change: individual criminal responsibility, common heritage of mankind and sustainable development to name but a few. These are concepts that have influenced the scope, structure and purpose of international law. This book explores the extent to which Responsibility to Protect (R2P) possesses the same transformative potential, showing how R2P shifts our understanding of both the potential and practice of international law. Responsibility to Protect is both an ambitious and an ambiguous concept in international law. Ambiguity creates space for debate and the potential for legal development, but it may also generate misunderstanding, false expectations and uncertainty. Despite its ambiguity, R2P has quickly found a place within international legal texts. At the same time its ambiguity -or rather the tensions the concept generates - has also helped generate an enormous range of scholarship. This collection of essays presents a more fundamental critical evaluation of R2P, exploring how it interacts with existing concepts and values, and how this influences normative developments within international law. 0In particular, the essays explore the influence of R2P upon sovereignty as responsibility, the continued advance of positive human rights obligations and the safeguarding of international community interests.These themes are explored in a range of essays written by new and established scholars. The essays explore the moral and political foundations of R2P, the expansion of R2P to non-state actors, and the interaction between R2P and certain branches of international law, such as use of force, responsibility as liability, humanitarian law and international criminal law.
Formatted Contents Note
Beyond the responsibility to protect: Ceci n'est pas une pipe / Richard A. Barnes and Vassilis P. Tzevelekos The Kantian Defence of Murder / Henry Jones A 'responsibility to democratise'? The 'responsibility to protect' in light of regime change and the 'pro-democratic' intervention discourse / Markus P. Beham and Ralph R.A. Janik Commentary: Between Land and Al Shabaab / Tony Ward The institutionalisation of the responsibility to protect / Nabil Hajjami The responsibility not to veto revisited. How the duty to prevent genocide as a jus cogens norm imposes a legal duty not to veto on the five permanent members of the security council / John Heieck The EU and the responsibility to protect: the case of Libya, Mali and Syria / Julia Schmidt Commentary: International institutions and their role in R2P / Nigel D. White De facto regimes and the responsibility to protect / Antal Berkes 'Guilty' governments and 'legitimate' leadership: the concept of 'national authorities' under the R2P / Jennifer Dee Halbert Commentary: Who cares?: The primary bearer of the responsibility to protect / Hitoshi Nasu On the responsibility to protect and the business and human rights agenda / Humberto Cantú Rivera Tides of change - The state, business and the human / Kasey L. McCall-Smith Commentary: The responsibility to protect and non-state(corporate) actors- more of the same? / Lucas Lixinski The responsibility to protect doctrine, and the duty of the international community to reinforce international humanitarian law and its protective value for civilian populations / Sophie Rondeau The responsibility to protect in armed conflict: a step forward for the protection of civilians? / Raphaël Van Steenberghe Commentary: On the intersection of the responsibility to protect, the protection of civilians and international humanitarian law in contemporary armed conflicts / David Turns The place of aggression in the responsibility to protect doctrine / Vito Todeschini The impact of the responsibility to protect on the protection of peacekeeping missions under the Rome statute of the international criminal court / Barbara Sonczyk Commentary: R2P and its consequences for international criminal law: crimes as a justification for the use of force / Lindsay Moir The ICJ judgment in the genocide convention case: is R2P drawing new horizons for the law on state responsibility? / Ludovica Poli Responsibility to protect as a basis for 'judicial humanitarian intervention' / Tomoko Yamashita Military commanders as bystanders to international crimes: a responsibility to protect? / Lenneke Sprik Commentary: R2P as a transforming and aransformative concept in the contect of responsibility as liability / Elena Katselli R2P: An inquiry into its transformative potential / Nicholas Tsagourias The transformative agendas of R2P discourses in international law / Jean D'Aspremont.
KZ4082 .B49 2016
Cambridge, United Kingdom : Intersentia Ltd,