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Responsibility to Protect and the Responsibility of International Organizations

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Chapter Summary

The International Commission on Intervention and State Sovereignty (ICISS), convened by the Canadian Government in 2000, went to great lengths to convey the message that responsibility to protect (R2P) was not just a cloak for humanitarian intervention, but was based on three pillars: the responsibility to prevent, the responsibility to react and the responsibility to rebuild. Proponents and supporters of the concept of R2P observe that the labelling of R2P as an "emerging norm" is misleading. One can agree with this view, but from a reverse angle. The main reason is not that the concept of R2P evades a legalistic approach, but that under present international law some elements of such R2P binding both States and International Organization (IO) are well established. In his sixth Report Gaja proposed Draft Art. 51 (Invocation of responsibility by an entity other than an injured State or IO), which finally became Art. 49.

Keywords: humanitarian intervention; ILC special rapporteur Gaja; international law; International Organization (IO); responsibility to protect (R2P); state sovereignty



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