The Responsibility to Protect in International Law

An Emerging Paradigm Shift

Susan Breau

• Publisher: Routledge
• Year: 2016
• ISBN:
  9781317569596
• Edition: 1
• Topic: Law
• Subtopic: International Law
• Index: Law

This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild.

This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong.

This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.

Index

abuses, 92–3, 99, 102, 104, 218, 228, 233, 268–9; massive, 1, 30, 32, 73, 137, 178, 208

accountability, 55, 83, 91, 135, 143, 190, 194, 279; international, 94, 103

action plan to prevent genocide, 23, 150–1, 199

administration, 66–7, 74, 241, 244, 253; international, 63, 243; transitional, 235–6, 242–3

Afghanistan, 21, 240, 246–9, 253–4, 270, 274, 279

Africa, 218, 222, 235

African Charter, 106–7, 112

African Commission, 106

African Union, 208, 222, 224–5

Agenda 21, 151, 165

Agenda for Peace, 184–6, 208, 234, 237

aggravated state responsibility, 3, 6, 61–2, 79–93, 115–16, 123–4, 145–6, 177–8

aid, 15, 83, 86, 88–9, 99, 117–18, 177, 192

air strikes, 231, 256, 265, 267–70

air support, 255, 268

Albania, 72, 200

Aleppo, 263, 267–8

aliens, 63, 66–8, 73, 79

allegations, 66, 212, 231, 258, 264–5, 269–70

Alston, P., 104

Amnesty International, 201, 260, 263

Annan, Kofi, 188, 191, 195, 199, 202–3, 235, ...

Table of contents

• Cover Page
• Half Title page
• Title Page
• Copyright Page
• Contents
• Acknowledgements
• Table of cases
• Table of treaties
• Introduction
• Part I The theoretical roots of the responsibility to protect
• Part II The evolution of the responsibility to protect within areas of public international law
• Part III The responsibility to protect in practice
• Conclusion
• Bibliography
• Index