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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

The emerging recognition of responsibility to protect and humanitarian intervention in international law

English Abstract

The humanity has been scarred in the 20th century, by horrendous incidents like the Holocaust to the Jews and massacres in Cambodia. Faced with these humanitarian disasters, how should the international community protect the basic human rights of the people of these states? Before the appearance of Responsibility to Protect (R2P), humanitarian intervention has been commonly adopted. However, the humanitarian intervention has a huge conflict with the existing principles of international law. The unilateral humanitarian intervention in Kosovo is a serious breach of state sovereignty, prohibition of use force and other basic principles of international law. The collective humanitarian intervention in Rwanda, demonstrates the lack of effectiveness of collective humanitarian intervention To respond to this challenge, in September 2000, the Government of Canada, established the International Commission on Intervention and State Sovereignty (ICISS) .In December 2001, ICISS submitted a report, named--- The Responsibility to Protect. Since then, the R2P is addressed in five important documents. This thesis closely examines the responsibility to protect by analyzing these five documents. The R2P finds a compromise road, enabling the conflicts between the principle of sovereignty and human rights protection to get some ease to a certain degree or even resolve. However, the R2P still has shortcomings. During, the R2P was transferred from theory to practice in the intervention in Libya. By examining the relevant literatures and analyzing the Resolution 1970 and 1973 of UN Security Council, and evaluating the acts of intervention in Libya, this thesis identifies the problems of the R2P in practice.

Issue date

2015.

Author

Yao, Fan Fan

Faculty
Faculty of Law
Degree

LL.M.

Subject

Humanitarian intervention

International law

Supervisor

Ramaswamy Muruga Perumal

Files In This Item

Full-text (Intranet only)

Location
1/F Zone C
Library URL
991008363079706306