Debating the Future of the ‘Responsibility to Protect’: The by Pinar Gözen Ercan

By Pinar Gözen Ercan

This booklet examines the relevance of the accountability to guard (R2P) in responding to humanitarian demanding situations the world over. whereas arguing that R2P has advanced into a global ethical norm, Ercan concludes that R2P can't result in a favorable switch within the overseas procedure with no being outfitted with new powers.

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927) notes an acceptance of ‘the idea of lawful humanitarian intervention’ while emphasising the doctrinal confusion concerning ‘the legal foundation and the extent of that institution’.  927).  496) asserts that grounding the conduct of humanitarian intervention on an established ‘right to intervene’ places the doctrine and related discussions within the legal sphere and not in the realms of ethics or politics. […] The term ‘right’ also denotes the idea of an autonomous legal basis: a ‘right’ of humanitarian intervention, it can be surmised, would justify a military action independently of the classical foundations for such justification such as the host State’s consent, Security Council authorisation, or even self-defence.

Thus, of the three operational elements of R2P, humanitarian intervention is implemented under the responsibility to react and is considered as a last resort to be employed in extreme situations only.  66), stands out as the most controversial and, as will be discussed later in Chapter 4, the most resisted1 measure of R2P. As the ICISS (2001a, p. 29) notes, military intervention ‘directly interferes with the capacity of a domestic authority to operate on its own territory. It effectively displaces the domestic authority and aims (at least in the short-term) to address directly the particular problem or threat that has arisen’.

In this regard, the ICISS not only redefines sovereignty to encapsulate the notion of responsibility towards the population—that is one of the main components of statehood—but also defines an exception to the principle of non-intervention by establishing the responsibility of the international community.  60) explains, ‘[t]his reflects a tendency in international law to view individuals, rather than states, as the primary beneficiaries of its protection and to shift the focus of the debate from what the international community owes to sovereign states to the question of what nation-states owe to their own citizens’.

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