Year: 2012
Type: article
Abstract: POLITICS OR LAW?populations" from same, responsibility to protect allows the international community to take non-consensual "Chapter 7" collective action.7 This latter collective action, presumably to stop such atrocities, is to be conducted via the United Nations Security Council but is not mandated in every instance of mass 8 atrocities.The international consensus agreement regarding the responsibility to protect, as reflected in the United Nations documents, stops short of requiring coercive action, stating instead that the international community is "prepared to take" such action on a "case-by-case basis."9 The first obligation-that of nation-states to protect their inhabitants-has progressed from a theory, to a norm, to customary international law. 10 But surprisingly, this evolution of state sovereignty has elicited little concern on the international stage.This quiet acceptance is perhaps due to the fact that the other main prong of responsibility to protect, that of intervention by the international community into the internal affairs of states when they have not fulfilled their protection responsibility, directly challenges the Westphalian model of sovereignty, and its controversial nature has overshadowed the idea that state sovereignty includes a responsibility of the state to its people."7. 2005
Author: Rachel E. VanLandingham
Institution: Southwestern Law School
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1543699944