The responsibility to protect doctrine, and the duty of the international community to reinforce international humanitarian law and its protective value for civilian populations
Beyond responsibility to protect : generating change in international law
Cambridge [etc.] : Intersentia, 2016
As part of a book where the responsibility to protect (R2P)'s transformative effect is set forth as a key hypothesis to be assessed, this contribution seeks to test one postulate according to which R2P reflects a profound shift in the international law paradigm, moving away from a "self-help" system toward a system of collective responsibility. To achieve this, the nexus between international humanitarian law (IHL) and R2P is addressed. The first section of this contribution informs the R2P debate by learning from the dynamics between IHL and non-state armed groups and examining the potential of expanding the scope of R2P beyond the states. The second one advocates in favour of systematically enforcing, when applicable, states' obligations contained in the four 1949 Geneva Conventions and analyses both the responsibility for grave breaches of the Geneva Conventions and the obligation to respect and ensure respect of international humanitarian law.
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