Responsibility In International Law

Institute of Law, Nirma University

Term Assignment II

Project in

Public International Law

Semester- VIII

Constitutional Law Hons.

Title: “Responsibility to Protect as an Emerging Norm in Public International Law”

Submitted to

Asst. Prof. Nadim Khan Submitted By Bhawana Tiwari

11BAL115

Section- C

Origin of Responsibility to Protect

After the two world wars and one cold war the world has understood two things: firstly, that it has become all the more vulnerable place and secondly, that the world community cannot take the risk of any other world war. But these realisations

These are: international conventions, international customs, general principles of law and equity and fairness. Hence, these are the principles which make international law. While deciding on any principle’s legality it has to stand against the test of these well laid principles.

Hence, while deciding the legality of responsibility to protect it is important to see if it is in consonance with international conventions, international customs, and general principles of law and incorporates equity and fairness.

While deciding about the legality of the principle of responsibility to protect the Preamble of the UN Charter can help us. The Preamble states its objective create a world where human rights are respected, injustice is done away with and there is peace and social progress in the world and to meet these ends the Preamble provides for the measures to be taken :

• to practice tolerance and live together in peace with one another as good neighbours, and

• to unite our strength to maintain international peace and security,

For this purpose the UN can:

“take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;”

(Emphasis supplied)

The Article gives authority to the United Nations, as an organisation, to take collective measures against any threat to peace. The responsibility to protect plays an important role to further this purpose of the UN.

The entire Chapter VII of the UN Charter gives power to the UNSC to look into any kind of disruption that is caused and which affects or might affect international peace and security. Hence, the power of the UNSC extends till the question of international peace and security and not beyond it. The ICISS’ report suggesting the role of UNSC as an authority in promoting responsibility to protect finds its validity in this part of the Charter.

Hence, the legality of the principle of responsibility to protect is sufficiently