Responsibility to Protect
From Principle to Practice
Distributed for Amsterdam University Press
384 pages
|
6 x 9
|
© 2012
The tragic events during the 1990s in Rwanda, Srebrenica, and Kosovo, as well as the recent crisis in Libya, have triggered a fundamental rethinking of the role and responsibility of the international community in regard to mass atrocities. The principle of the Responsibility to Protect maintains that although individual nations bear the brunt of the responsibility to guard against genocide, ethnic cleaning, and crimes against humanity within their boundaries, the international community must step in when the state is unable or unwilling to provide such protection. This book assesses to what extent the principle is grounded in international law and examines how international institutions, including the United Nations, can contribute to the aim of protecting victims in cases of mass atrocities.
Contents
Preface
List of Abbreviations
Introduction
Julia Hoffmann and André Nollkaemper
1. The 2007–08 Post-Election Crisis in Kenya: A Success Story for the Responsibility to Protect?
Serena K. Sharma
Part I: The Emergence of the Responsibility to Protect
2. The Responsibility to Protect: The Journey
Edward C. Luck
3. Reconstituting Humanity as Responsibility? The ‘Turn to History’ in International Law and the Responsibility to Protect
Mark Swatek-Evenstein
4. Canada’s Role in the Conceptual Impetus of the Responsibility to Protect and Current Contributions
Marc Alexander C. Gionet
5. The Responsibility to Protect within the Security Council’s Open Debates on the Protection of Civilians: A Growing Culture of Protection
Ludovica Poli
Part II: The Responsibility to Protect Under International Law
6. The Scope of the Crimes Triggering the Responsibility to Protect
Jann K. Kleffner
7. The Responsibility to Protect and Common Article I of the 1949 Geneva Conventions and Obligations of Third States
Hanna Brollowski
8. The Responsibility to Prevent: On the Assumed Legal Nature of Responsibility to Protect and its Relationship with Conflict Prevention
Hanne Cuyckens and Philip de Man
9. The Responsibility to Protect and the Obligation of States and Organisations under the Law of International Responsibility
Nina H. B. Jørgensen
10. Consensual Intervention and the Responsibility to Protect: Responsibility to Protect’s Place within the Legal Framework of Consensual Intervention in Internal Armed Conflict
Eliav Lieblich
Part III: Humanitarian Intervention and the Responsibility to Protect
11. Has Humanitarian Intervention Become Part of the International Law under the Responsibility to Protect Doctrine?
Diana Amnéus
12. Assigning Humanitarian Intervention and the Responsibility to Protect
James Pattison
13. The Responsibility to Protect and Humanitarian Intervention
Jennifer M. Welsh
Part IV: International Organisations and the Responsibility to Protect
14. The Responsibility to Protect and the Permanent Five: The Obligation to Give Reasons for a Veto
Anne Peters
15. The African Union and the Responsibility to Protect: Principles and Limitations
Ademola Abass
16. ASEAN Responses to the Responsibility to Protect: Challenges, Opportunities and Constraints
Noel M. Morada
17. The Responsibility to Protect and Regional Organisations: Where does the European Union stand?
Jan Wouters, Philip De Man and Marie Vincent
Part V: Implementing the Responsibility to Protect
18. A Responsibility to Protect or Preclude? Examining the Beneficiaries of the Responsibility to Protect
Jennifer D. Halbert
19. The Responsibility to Protect: Unilateral Non-Forcible Measures and International Law
Veronika Bílková
20. The Responsibility to Protect Through the International Court of Justice
Gentian Zyberi
21. Taking Prevention of Genocide Seriously: Media Incitement to Genocide Viewed in the Light of Responsibility to Protect
Julia Hoffmann and Amaka Okany
22. Contextualising the Prevention of Genocide
Francis M. Deng
23. Ending our Age of Suffering: A Plan to End Genocide
Daniel Jonah Goldhagen
Concluding Observations
Julia Hoffmann and André Nollkaemper
List of Contributors
General Index
Index of Treaties and Other International Documents
List of Abbreviations
Introduction
Julia Hoffmann and André Nollkaemper
1. The 2007–08 Post-Election Crisis in Kenya: A Success Story for the Responsibility to Protect?
Serena K. Sharma
Part I: The Emergence of the Responsibility to Protect
2. The Responsibility to Protect: The Journey
Edward C. Luck
3. Reconstituting Humanity as Responsibility? The ‘Turn to History’ in International Law and the Responsibility to Protect
Mark Swatek-Evenstein
4. Canada’s Role in the Conceptual Impetus of the Responsibility to Protect and Current Contributions
Marc Alexander C. Gionet
5. The Responsibility to Protect within the Security Council’s Open Debates on the Protection of Civilians: A Growing Culture of Protection
Ludovica Poli
Part II: The Responsibility to Protect Under International Law
6. The Scope of the Crimes Triggering the Responsibility to Protect
Jann K. Kleffner
7. The Responsibility to Protect and Common Article I of the 1949 Geneva Conventions and Obligations of Third States
Hanna Brollowski
8. The Responsibility to Prevent: On the Assumed Legal Nature of Responsibility to Protect and its Relationship with Conflict Prevention
Hanne Cuyckens and Philip de Man
9. The Responsibility to Protect and the Obligation of States and Organisations under the Law of International Responsibility
Nina H. B. Jørgensen
10. Consensual Intervention and the Responsibility to Protect: Responsibility to Protect’s Place within the Legal Framework of Consensual Intervention in Internal Armed Conflict
Eliav Lieblich
Part III: Humanitarian Intervention and the Responsibility to Protect
11. Has Humanitarian Intervention Become Part of the International Law under the Responsibility to Protect Doctrine?
Diana Amnéus
12. Assigning Humanitarian Intervention and the Responsibility to Protect
James Pattison
13. The Responsibility to Protect and Humanitarian Intervention
Jennifer M. Welsh
Part IV: International Organisations and the Responsibility to Protect
14. The Responsibility to Protect and the Permanent Five: The Obligation to Give Reasons for a Veto
Anne Peters
15. The African Union and the Responsibility to Protect: Principles and Limitations
Ademola Abass
16. ASEAN Responses to the Responsibility to Protect: Challenges, Opportunities and Constraints
Noel M. Morada
17. The Responsibility to Protect and Regional Organisations: Where does the European Union stand?
Jan Wouters, Philip De Man and Marie Vincent
Part V: Implementing the Responsibility to Protect
18. A Responsibility to Protect or Preclude? Examining the Beneficiaries of the Responsibility to Protect
Jennifer D. Halbert
19. The Responsibility to Protect: Unilateral Non-Forcible Measures and International Law
Veronika Bílková
20. The Responsibility to Protect Through the International Court of Justice
Gentian Zyberi
21. Taking Prevention of Genocide Seriously: Media Incitement to Genocide Viewed in the Light of Responsibility to Protect
Julia Hoffmann and Amaka Okany
22. Contextualising the Prevention of Genocide
Francis M. Deng
23. Ending our Age of Suffering: A Plan to End Genocide
Daniel Jonah Goldhagen
Concluding Observations
Julia Hoffmann and André Nollkaemper
List of Contributors
General Index
Index of Treaties and Other International Documents
For more information, or to order this book, please visit http://www.press.uchicago.edu
Google preview here
Political Science: Judicial Politics
You may purchase this title at these fine bookstores. Outside the USA, see our international sales information.
