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ABSTRACT
State sovereignty has long held a revered post in international law, but it received a blow in the aftermath of World War II, when the worl...
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For the second time this year, President Obama has committed U.S. military personnel to distant battlefields, putting them in harm's way pursuant - more or less explicitly - to what is known in United Nations circles as a "responsibility to protect." The theory goes that the international community has a duty to intervene to prevent harm to innocent civilians.
As a practical matter, this new supranational dictate - known in U.N.-speak as "R2P" - translates into a purported obligation on the part of the United States to use force, or at least make it available, whenever called upon by others to do so. The only exception seems to be circumstances in which we might actually have vital interests, in which case, naturally, the "international community" would generally deem such a U.S. interv...
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I.
I will begin with a tribute to Professor Myres S. McDougal, who was the reason I went to Yale Law School. After receiving an LLM. at Northwestern...
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PRESIDENT Barack Obama's decision to participate in the air campaign against Moammar Gadhafi's regime is a vast improvement over previous policy, a victory for human rights idealists within the administration and the application of an important international standard known as "the responsibility to protect.
In 2005 - with the gruesome lessons of Cambodia, Rwanda and Bosnia having finally sunk in - the U.N. General Assembly and the U.S., followed in 2006 by the Security Council, endorsed the principle that the prevention of mass atrocities trumps the claim of national sovereignty. When a government engages in genocide, ethnic cleansing or crimes against humanity - effectively waging war against its own citizens - other nations have the right and duty to intervene.
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NEW YORK, March 21 /U.S. Newswire/ -- International agency Oxfam today challenged world leaders to seize the chance to save millions of lives by acting on Kofi Annan's blueprint for a safer, fairer world. Governments must now make long overdue commitments to protect civilians in conflict, the agency said, as well as deliver urgently needed aid, debt relief and trade reforms.
The Secretary General's report, released today, sets out a bold agenda to be endorsed by governments at the UN Millennium Plus Five Summit in New York in September 2005. One of its key calls is for the international community to agree that it has a 'responsibility to protect' civilians caught up in warfare, and, as a last resort, to use military force to do so.
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President Obama's Monday night speech on the "kinetic military activity" in Libya revealed that he has fully accepted the faddish "responsibility to protect" (R2P) rationale for military intervention abroad. Unfortunately, this action is not just a direct attack on Libya's state sovereignty, but also on America's.
R2P - sounding a bit like a droid from Star Wars - is a school of thought that developed in response to the propensity of some regimes to commit crimes against their own people and the reticence of the international community to take decisive action. "Responsibility to protect," however, lacks the firm legal basis that would justify armed intervention in the internal affairs of another state without a declaration of war. This is specifically forbidden by Article 2, Section 7 o...
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Professor Jentleson's essay ("A Responsibility to Protect," Winter 2007) on the international community's responsibility to protect vulnerable populations from human rights violations reminds people that state sovereignty remains as formidable a barrier to humanitarian intervention as it was four decades ago. Jentleson's observations about the discrepancy between state practice and the humanitarian ideals that underpin efforts to establish a responsibility-to-protect norm raise important questions about the utility of the concept of "international community." Although the author agrees with Jentleson's position on the merits of a responsibility-to-protect norm, framing it within the context of an international community is problematic. Contemporary international life lacks the common id...
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Just-war theorist Michael Walzer argues that armed humanitarian intervention is morally justified, perhaps even required, in response to massacre, rape, ethnic cleansing, state terrorism, [and] contemporary versions of bastard feudalism, complete with ruthless warlords and lawless bands of armed men.
... emergence of a concept called the "responsibility to protect." We canvass practical considerations b...
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Libya continues to discomfit the international community. No one in the West wants to be accused of shirking the responsibility to protect civilians in conflict zones - whether the hundreds of thousands who died in Rwanda and Darfur, the millions who died in the Democratic Republic of Congo and the hundreds dying now in Ivory Coast, Yemen and Bahrain. "Not on our watch" was the cry uttered at the height of the "save Darfur" movement; the messaging on Libya summons this same noble feeling. In protecting vulnerable populaces, however, there are four lessons from Libya, which are particularly pertinent for U.S. policymakers.
The first lesson regards the seemingly mundane controls critical to our democracy. The War Powers Act of 1973, created after Vietnam to ensure checks and balances duri...
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... Universal Declaration, the start of international efforts to protect human dignity, the drafters dis...See generally Carsten Stahn, Responsibility to Protect: Political Rhetoric or Emerging Legal N...