FAR WESTERN UNIVERSITY

FACULTY OF LAW
SUBJECT:-PUBLIC INTERNATIONAL LAW
TOPIC :-RESPONSIBILITY TO PROTECT

BY-SULOCHANA PARIYAR
ROLL NO - 42
Background
“Responsibility to protect” was first presented in the report of the
International Commission on Intervention and State Sovereignty (ICISS), set
up by the Canadian Government in December 2001.

Its report, “The Responsibility to Protect,” found that sovereignty not only
gave a State the right to “control” its affairs, it also conferred on the State
primary “responsibility” for protecting the people within its borders. It
proposed that when a State fails to protect its people – either through lack of
ability or a lack of willingness – the responsibility shifts to the broader
international community.
United Nations World Summit (2005) ,call Member States
formally accepted the responsibility of each State to protect its
population from genocide, war crimes, ethnic cleansing and
crimes against humanity. At the Summit, world leaders also
agreed that when any State fails to meet that responsibility, all
States (the “international community”) are responsible for
helping to protect people threatened with such crimes.
The first time the Security Council made official reference to
the responsibility to protect was in April 2006, in resolution
1674 on the protection of civilians in armed conflict. The
Security Council referred to that resolution in August 2006,
when passing resolution 1706 authorizing the deployment of
UN peacekeeping troops to Darfur, Sudan. Recently, the
responsibility to protect featured prominently in a number of
resolutions adopted by the Security Council.
Introduction
Responsibility to Protect (R2P) is a principle
in international law that outlines the
responsibility of states to protect populations
from genocide, war crimes, ethnic cleansing, and
crimes against humanity. It was endorsed by the
United Nations World Summit in 2005.
The core elements of Responsibility to
protect include:-
1. React: The international community
has a responsibility to take timely and
decisive action through diplomatic,
humanitarian, and other means to assist
states in fulfilling their responsibility to
protect their populations.
2. Rebuild: The international community should also
support states in rebuilding and strengthening their
capacity to protect their populations after a crisis has
occurred. When it comes to intervention, R2P
emphasizes the use of peaceful and diplomatic means
as the primary approach.
However, it does not rule out the possibility of military
intervention as a last resort, authorized by the United
Nations Security Council, in cases where a state is
manifestly failing to protect its population from mass
atrocities and peaceful measures have been exhausted.
3.prevent: to address both the root causes and direct
causes of internal conflict and other man-made crises
putting populations at risk.
Key considerations regarding
intervention under the Responsibility
to Protect include:
1.Legitimacy: Intervention must be
authorized by the United Nations
Security Council to ensure legitimacy
and adherence to international law.
2. Proportionality: Any intervention must be
proportionate to the threat and aimed at protecting
civilian populations from mass atrocities.
3. Minimization of Harm: Efforts should be
made to minimize harm to civilian populations
and infrastructure during intervention operations.
4. Post-Conflict Stabilization: Intervention should be
followed by efforts to stabilize the situation, promote
reconciliation, and support the rebuilding of affected
communities.
5.. Regional and International Cooperation: Regional
organizations and the broader international community should
cooperate in efforts to prevent and respond to mass atrocities,
respecting the sovereignty and territorial integrity of states
while upholding the responsibility to protect.
Conclusion
Overall, while the Responsibility to Protect
acknowledges the potential need for intervention in
extreme cases, it emphasizes prevention, peaceful
resolution, and support for national sovereignty and
capacity-building to protect populations from mass
atrocities.
THANK
YOU