Responsibility to Protect (R2P): Catch All

[jmm99]

As LawVol correctly points out, the modern genesis of R2P at the UN level is found in 2005's World Summit Outcome Document, Paragraphs 138-139:

Heads of state and government agreed to the following text on the Responsibility to Protect in the Outcome Document of the High-level Plenary Meeting of the General Assembly in September 2005

138. Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and support the United Nations in establishing an early warning capability.

139. The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly fail to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity and its implications, bearing in mind the principles of the Charter and international law. We also intend to commit ourselves, as necessary and appropriate, to helping States build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assisting those which are under stress before crises and conflicts break out.

This statement is notable for placing the obligation on each individual state to prevent the various "badnesses"; and then affirming Chapter VII "Peace Enforcement" powers in the UN if a state fails that obligation. While the statement does not explicitly cover Violent Non-State Actors (acting in a failed state, for example), the failure of the failed state to prevent their "war crimes" would be adequate grounds for the UN to act within the terms of the statement.

The R2P arena is marked by Politik (politics and policy); and cannot be validly claimed (in my opinion, obviously) as an area governed by a determinative international law. That came home to me in connection with our (USAian) Libyan venture based on the UN Resolution and Presidential "Non-War Powers". While a number of voices shouted non-compliance with the War Powers Resolution and outright unconstitutionality, the salient fact was that Congress took no action opposing the President's actions. Thus, the President did not act illegally (since Congress did not act at all). That was an object lesson (some might say abject lesson) in what the Supreme Court has called "political questions" - and therefore, outside of the legal realm.

Part 2 will cover the 2001 "Canadian" Report, which is the intellectual basis for the R2P concept. Part 3 will covern some of the international organizations which are involved in the lobbying effort for R2P.

.... end part 1