المسؤولية عن الحماية في القانون الدولي == Responsibility To Protect In International Law
Author name:
نبراس ابراهيم مسلم
Supervisor name:
سلام منعم مشعل | حيدر ادهم الطائي
General topic:
Law
Specific topic:
Public International Law
Degree:
Doctorate
University:
Al-Nahrain University - Collage Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1548 - p.pdf
Abstract:
The slow response by the international community to the mass atrocities, and the unilateral intervention by the states to stop these atrocities without the Security Council authorization, reflect the need to new strategy for facing this problem.In the wake of Kosovo intervention, Kofi Annan challenged the international community to find another way to avoid any future catastrophe, in 2000 the international commission on intervention and state sovereign formed by the Canadian government to reconcile the principles of sovereignty and fundamental human rights in a way which could protect people from arbitrary killing, the commission set out the case for responsibility to protect and identified its three main competent ; the responsibility to prevent, to act, to rebuild.In 2005 the principle have been adopted at the World Summit hosted by United Nations, world leader unanimously declared that all state have a responsibility to protect their citizens from genocide, war crime, ethnic cleansing and crimes against humanity and that they stood prepared to take collective action in cases when national authorities are manifestly failing to protect their populations from these four crimes, in 2006 the UN security council unanimously reaffirmed the responsibility to protect and indicated its readiness to adopt appropriate measures where necessary (resolution 1674, 28 April 2006), after almost six months of hard bargaining.In order to elaborate the nature and operationalization of that new international principle we choose it in this study, the study divided into three chapters that try to cover the entire topic.The first chapter devoted to the concept of the responsibility to protect, this chapter consists of three parts, the first one is about the international intervention and state sovereignty, the second one is about the adoption of the responsibility to protect and its development,and in the last one we will discuss the legal foundation and the obligatory of it.the second chapter of this study will be about the implementing the responsibility to protect, also we divided it into four parts, in the first one we will point out the crimes that firm the application of the principle, the second part will be about the responsibility to prevent, the third one will be about the responsibility to react and the last one will be about the responsibility to rebuild.The last chapter will be devoted to the international practicing of the responsibility to protect, it divided into three parts, in the first on we will discuss the role of international institutions in adopting and evolving the principle, the second one we will try to point out the most important application of the principle and the last part will be about the future of the principle.At the end of the study we reached to a set of conclusions which led us to several recommendations which may help abet in understanding the scope and nature of the responsibility to protect and seek to give some ideas about its successful operation.
