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Author: Lenneke Sprik
Publisher: Routledge
ISBN: 9780367726799
Category :
Languages : en
Pages : 167
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Book Description
This book explores the question of whether peacekeeping commanders can be held accountable for a failure to protect the civilian population in the mission area. This requires an assessment of whether peacekeeping commanders have an obligation to act against such serious crimes being committed under domestic and international law. The work uses the cases of the Dutch and Belgian peacekeeping commanders in Srebrenica and Kigali as examples, but it also places the analysis into the context of contemporary peacekeeping operations. It unfolds two main arguments. First, it provides a critical note to the contextual interpretation given to international law in relation to peacekeeping. It is argued that establishing a specific paradigm for peacekeeping operations with clear rules of interpretation and benchmark criteria would benefit peacekeeping and international law by making the contextual interpretation of international law redundant. Second, it is held that alternative options to the existing forms of criminal responsibility for military commanders should be considered, possibly focusing more clearly on failing to fulfil a norm of protection that is specific to peacekeeping and distinct from protective obligations under international human rights law and international humanitarian law.
Author: Lenneke Sprik
Publisher: Routledge
ISBN: 9780367726799
Category :
Languages : en
Pages : 167
Get Book Here
Book Description
This book explores the question of whether peacekeeping commanders can be held accountable for a failure to protect the civilian population in the mission area. This requires an assessment of whether peacekeeping commanders have an obligation to act against such serious crimes being committed under domestic and international law. The work uses the cases of the Dutch and Belgian peacekeeping commanders in Srebrenica and Kigali as examples, but it also places the analysis into the context of contemporary peacekeeping operations. It unfolds two main arguments. First, it provides a critical note to the contextual interpretation given to international law in relation to peacekeeping. It is argued that establishing a specific paradigm for peacekeeping operations with clear rules of interpretation and benchmark criteria would benefit peacekeeping and international law by making the contextual interpretation of international law redundant. Second, it is held that alternative options to the existing forms of criminal responsibility for military commanders should be considered, possibly focusing more clearly on failing to fulfil a norm of protection that is specific to peacekeeping and distinct from protective obligations under international human rights law and international humanitarian law.
Author: Lenneke Sprik
Publisher: Routledge
ISBN: 0429754809
Category : Law
Languages : en
Pages : 138
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Book Description
This book explores the question of whether peacekeeping commanders can be held accountable for a failure to protect the civilian population in the mission area. This requires an assessment of whether peacekeeping commanders have an obligation to act against such serious crimes being committed under domestic and international law. The work uses the cases of the Dutch and Belgian peacekeeping commanders in Srebrenica and Kigali as examples, but it also places the analysis into the context of contemporary peacekeeping operations. It unfolds two main arguments. First, it provides a critical note to the contextual interpretation given to international law in relation to peacekeeping. It is argued that establishing a specific paradigm for peacekeeping operations with clear rules of interpretation and benchmark criteria would benefit peacekeeping and international law by making the contextual interpretation of international law redundant. Second, it is held that alternative options to the existing forms of criminal responsibility for military commanders should be considered, possibly focusing more clearly on failing to fulfil a norm of protection that is specific to peacekeeping and distinct from protective obligations under international human rights law and international humanitarian law.
Author: Haidi Willmot
Publisher: Oxford University Press
ISBN: 019872926X
Category : Law
Languages : en
Pages : 497
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Book Description
The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.
Author: Alex J. Bellamy
Publisher:
ISBN: 0198704119
Category : History
Languages : en
Pages : 223
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Book Description
The Responsibility to Protect (R2P) principle is the international community's major response to the problem of genocide and mass atrocities - a problem seen in Bosnia, Rwanda and more recently in Syria. This book argues that although it is far from perfect R2P offers the best chance we have of building an international community that works to prevent these crimes and protect vulnerable populations. To make this argument, the book sets out the logic of R2P and its key ambitions, examines some of the critiques of the principle and its implementation in situations such as Libya, and sets out ways of overcoming some of the practical problems associated with moving this principle from words into deeds.
Author: Dwight Raymond
Publisher:
ISBN:
Category : Responsibility to protect (International law)
Languages : en
Pages : 249
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Book Description
The Protection of Civilians (PoC) refers to efforts that protect civilians from physical violence, secure their rights to access essential services and resources, and contribute to a secure, stable, and just environment for civilians over the long-term. PoC is a moral, political, legal, and strategic priority for all military operations. Communities on the ground and around the world expect uniformed personnel to protect the population; failure to do so jeopardizes the credibility and legitimacy of the operation and can undermine other objectives. This guide is primarily intended as a resource for military commanders and staffs who must consider PoC while conducting operations. Other interested readers may include international organizations, national militaries, training centers, and civilian and police officials who are also concerned with PoC.
Author: Neta Crawford
Publisher:
ISBN: 0199981728
Category : History
Languages : en
Pages : 503
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Book Description
The unintended deaths of civilians in war are too often dismissed as unavoidable, inevitable, and accidental. And despite the best efforts of the U.S. to avoid them, civilian casualties in Afghanistan, Iraq, and Pakistan have been a regular feature of the United States' wars after 9/11. In Accountability for Killing, Neta C. Crawford focuses on the causes of these many episodes of foreseeable collateral damage and the moral responsibility for them. The dominant paradigm of legal and moral responsibility in war today stresses both intention and individual accountability. Deliberate killing of civilians is outlawed and international law blames individual soldiers and commanders for such killing. An individual soldier may be sentenced life in prison or death for deliberately killing even a small number of civilians, but the large scale killing of dozens or even hundreds of civilians may be forgiven if it was unintentional--"incidental"--to a military operation. The very law that protects noncombatants from deliberate killing may allow many episodes of unintended killing. Under international law, civilian killing may be forgiven if it was unintended and incidental to a militarily necessary operation. Given the nature of contemporary war, where military organizations-training, and the choice of weapons, doctrine, and tactics-create the conditions for systemic collateral damage, Crawford contends that placing moral responsibility for systemic collateral damage on individuals is misplaced. She develops a new theory of organizational moral agency and responsibility, and shows how the US military exercised moral agency and moral responsibility to reduce the incidence of collateral damage in America's most recent wars. Indeed, when the U.S. military and its allies saw that the perception of collateral damage killing was causing it to lose support in the war zones, it moved to a "population centric" doctrine, putting civilian protection at the heart of its strategy. Trenchant, original, and ranging across security studies, international law, ethics, and international relations, Accountability for Killing will reshape our understanding of the ethics of contemporary war.
Author: Alex J. Bellamy
Publisher: Oxford University Press
ISBN: 0198753845
Category : Law
Languages : en
Pages : 1169
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Book Description
The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.
Author: SONJA GROVER
Publisher: Routledge
ISBN: 113498961X
Category : Political Science
Languages : en
Pages : 381
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Book Description
This book presents the views of various international law and human rights experts on the contested meaning, scope of application, value and viability of R2P; the principle of the Responsibility to Protect . R2P refers to the notion that the international community has a legal responsibility to protect civilians against the potential or ongoing occurrence of the mass atrocity crimes of genocide, large scale war crimes, ethnic cleansing and crimes against humanity. R2P allows for intervention where the individual State is unable or unwilling to so protect its people or is in fact a perpetrator. The book addresses also the controversial issue of whether intervention by States implementing R2P with or without the endorsement of the United Nations Security Council constitutes a State act of aggression or instead is legally justified and not an infringement on the offending State’s sovereign jurisdiction. The adverse impact on global peace and security of the failure to protect civilians from mass atrocity crimes has put in stark relief the need to address anew the principle of ‘responsibility to protect’ and the feasibility and wisdom of its application and this book is a significant contribution to that effort. This book was originally published as a special issue of the International Journal of Human Rights.
Author: Sheri P. Rosenberg
Publisher: Cambridge University Press
ISBN: 1107094968
Category : History
Languages : en
Pages : 547
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Book Description
This proposes a new framework for atrocity prevention, featuring scholars from around the globe including three former UN special advisers.
Author: Luke Glanville
Publisher: University of Chicago Press
ISBN: 022607708X
Category : Political Science
Languages : en
Pages : 305
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Book Description
In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.
