On the Meaning of ‘Responsibility’ in the ‘Responsibility to Protect’

Glanville, Luke

doi:10.1080/10383441.2011.10854706

Cited by 9 publications

(2 citation statements)

References 18 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Despite its ambiguity, R2P has broadly been welcomed by international legal thinkers as politically convenient (Bellamy, 2008, pp. 626–627; Glanville, 2001, p. 482; Stahn, 2007, p. 118). Efforts have been made to demonstrate the grounds for legitimizing R2P to be a rule of international law in terms of several sources of international law enumerated in the Article 38(1) of the Statute of the International Court of Justice.…”

Section: R2p In Terms Of Sources Of International Lawmentioning

confidence: 99%

Analysis on the Legal Nature of ‘Responsibility to Protect’

Pak

Son

Jong

2020

International Studies

View full text Add to dashboard Cite

At present, some states are undertaking military interventions in different parts of the world, contending the ‘legitimacy’ of their i006Evocation of responsibility to protect civilians from a humanitarian crisis. Discussions at international forums concerning the concept of Responsibility to Protect (R2P) are inconclusive about its legal nature and application. While some scholars and states support the doctrine of R2P as being legitimate, others challenge or take a rather sceptical view. Divergent views seem to be originating from its incompatibilities with the rules of international law, including the Charter of the United Nations. What is controversial is that the supporters of R2P are mainly from the West, while objections to R2P are from developing countries mainly from West Asia or Africa. This raises concerns about the possibility of future applications of R2P in any of the countries in these regions or other developing countries. The article, analyses the legal nature of R2P in terms of the main principles of international law and other sources of international law and argues that the legitimacy and international legal effect of R2P are uncertain.

show abstract

Section: R2p In Terms Of Sources Of International Lawmentioning

confidence: 99%

Analysis on the Legal Nature of ‘Responsibility to Protect’

Pak

Son

Jong

2020

International Studies

View full text Add to dashboard Cite

show abstract

“…38 Furthermore, as Luke Glanville has pointed out, there are currently no legal penalties prescribed for failures by secondary bearers to act in cases of malfeasance by primary bearers of responsibility. 39 What this example shows is that, while preventive applications of the thesis of norm transformation depend on the assumption that norms have the power to guide actions, both the status of the actors guided by such norms and the schemes of accountability supporting such guidance can vary substantially.…”

Section: Preventive Applicationsmentioning

confidence: 99%

The Thesis of Norm Transformation in the Theory of Mass Atrocity

Morrow

2015

GSP

View full text Add to dashboard Cite

Abstract.Theoretical accounts of genocide and mass atrocity commonly embrace the thesis of norm transformation. This thesis holds, first, that individual and institutional participation in such crimes is at least partially explained by transformations in basic norms that structure social and political life. It holds, second, that preventing future occurrences of such crimes requires changing norms that currently govern the actions of particular individual and institutional actors. This paper clarifies, defends, and extends the thesis of norm transformation. It clarifies this thesis by providing a general account of the nature and dynamics of norms. It defends this thesis against charges of circularity and against the claim that norms are not, in fact, fundamental guides to action. Finally, it extends this thesis by arguing that changes in norms before, during, and after mass atrocities count among the considerations that ought to be included in assessments of legal and moral accountability for such crimes. Keywords

show abstract

Imagination and Reality

Royer

2020

Evil as a Crime Against Humanity

View full text Add to dashboard Cite

On the Meaning of ‘Responsibility’ in the ‘Responsibility to Protect’

Cited by 9 publications

References 18 publications

Analysis on the Legal Nature of ‘Responsibility to Protect’

Analysis on the Legal Nature of ‘Responsibility to Protect’

The Thesis of Norm Transformation in the Theory of Mass Atrocity

Imagination and Reality

Contact Info

Product

Resources

About