Third World Approaches to International Law: The Responsibility to Protect and Regional Organisations

Amber Amelia Smith

Abstract


The Responsibility to Protect is administered through the United Nations Security Council, which is often criticised for being ineffective, too selective and for using its power to veto to the detriment of States in mass atrocity. Third World States within the international arena are often at the mercy of the Security Council and are excluded from decision making processes which may impact them.

This research proposes that the Responsibility to Protect should be administered by regional organisations rather than the Security Council, owing to the comparative advantages regional organisations have to offer. For example, regional organisations who have proximity to conflict are likely to understand the culture and history of States and possess in-depth local knowledge. Neighbouring States within the region also have more at risk, such as bearing the burden of unwanted armed groups in their territory, disproportionate numbers of refugees and the impact conflict can have on the economy. Regional organisations are also best suited for addressing the structural and root causes of conflict. It will be argued that regional organisations could legally intervene within the parameters of their own region through ex post facto application of Article 53 of the Charter of the United Nations.

A Third World Approach to International Law (TWAIL) will be applied throughout this research. TWAIL operates on a philosophy of suspicion which enables it to adopt a critical stance on International Law by pushing boundaries to expose injustice. TWAIL will be particularly useful in considering the Responsibility to Protect as it will assist in identifying any colonial origins, rhetoric and imperialism that is in both policy and law in this area. Doctrinal legal analysis is the method which will be applied as it will centre its focus on a comprehensive overview of the key literature in this area. A qualitative method is also used as the research involves analytical interpretation and analysis and uses TWAIL’s theoretical framework to provide legal reasoning.

It is likely that this research shall conclude that if we do not fix a system that is broken, then the international community is failing and will continue to fail in its responsibility to protect. The way to fix this is through restricting the Security Council’s ability to exercise imperialism and to identify the colonialist structures surrounding the Responsibility to Protect. Therefore, regional organisations may offer a solution with their comparative advantages, lack of veto power and through including the voices of less developed States in the decision-making processes surrounding intervention.


Keywords


International Law; Responsibility to Protect; Humanitarian Intervention; Third World Approaches to International Law

Full Text:

PDF

References


Adams S, ‘Failure to Protect: Syria and the UN Security Council’ (March 2015) Global Centre for the Responsibility to Protect, Occasional paper Series No. 5 < http://www.globalr2p.org/media/files/syriapaper_final.pdf > accessed 12 March 2019.

Adams S, ‘Libya and the Responsibility to Protect’ (October 2012) 3 Global Centre for the Responsibility to Protect Occasional Paper Series No. 3 < http://www.globalr2p.org/media/files/libyaandr2poccasionalpaper-1.pdf > accessed 12 March 2019.

Anghie A and Chimni B.S., 'Third World Approaches to International Law and Individual Responsibility in Internal Conflicts' (2003) Chinese JIL 77-103.

Anghie A, 'Francisco de Vitoria and the Colonial Origins of International Law' (1996) 4 Soc. & Legal Stud. 321.

Anghie A, Imperialism, Sovereignty and the Making of International Law (Cambridge University Press, 2004).

Annan K, Millennium Development Report to the 55th Session of the United Nations General Assembly. (5th September, UN DOC DP1/2083/Rev.1).

Annan K, Report of the High-level Panel on Threats, Challenges and Changes, 59th Session of the United Nations General Assembly (2nd December 2004, UN DOC A/59/565).

Bellamy A.J., 'The Three Pillars of the Responsibility to Protect' (2015) accessed on 12 March 2019.

Brown G.W. and Bohm A, ‘Introducing Jus ante Bellum as a cosmopolitan approach to humanitarian intervention’ (2016) 22(4) European Journal of International Relations. 897-919.

Carment D and Fischer M, ‘R2P and the Role of Regional Organisations in Ethnic Conflict Management, Prevention and Resolution: The Unfinished Agenda’ (2009) 1(3) Global Resp. Protect 261.

Cha K, ‘Humanitarian Intervention by Regional Organisations Under the Charter of the United Nations’ (2002) 3(2) Seton Hall. J. Dipl. & Int’l Rel. 134.

Charter of the United Nations (adopted 26 June 1945, entered into force 24 October 1945) 892 UNTS 119.

Chimni B.S., ‘Third World Approaches to International Law: A Manifesto’ (2006) 8(1) Int’l Comm. L. Rev. 3.

Constitutive Act of the African Union (adopted 11 July 2000, entered into force 26 May 2001) OAU Doc. CAB/LEG/23.15.

Douzinas C, Human Rights and Empire: The Political Philosophy of Cosmopolitanism (Routledge Cavendish, 2007).

Fakhri M, 'Introduction- Questioning TWAIL's Agenda' (2012) 14 (1) Oregon Review of International Law. 1.

Güçtürk Y, ‘War Crimes and Crimes Against Humanity in Syria (2015) Insight Turkey, 17(1) 27.

Haskell J.D., 'TRAIL-ing TWAIL: Arguments and Blind Spots in Third World Approaches to International Law' (2014) 27 Can. J. L. & Jurisprudence 383.

Hintjens H.M., ‘Explaining the 1994 Genocide in Rwanda’ (1999) 37(2) The Journal of Modern African Studies. 241-286.

Human Rights Watch, ‘Syria: Events of 2018’ Human Rights Watch (June 29, 2018) < https://www.hrw.org/world-report/2019/country-chapters/syria> accessed on 12 March 2019.

Melling G, ‘Beyond rhetoric? Evaluating the Responsibility to Protect as a norm of humanitarian intervention’ (2018) Journal on the Use of Force and International Law, 5:1, 78-96.

Meredith M, The State of Africa: A History of the Continent Since Independence (1st edn, Simon & Schuster 2013).

Mutua M, ‘What is TWAIL?’ (2000) 94 Am. Soc’y Int’l L. Proc. 31.

Newman E, 'R2P: Implications for World Order' (2013) Global Responsibility to Protect 5, 235-259.

Pattison J, Humanitarian Intervention & the Responsibility to Protect (1st edn, Oxford University Press 2012).

Solarz M.W., ‘‘Third World’: the 60th anniversary of a concept that changed history’ (2012) 33(9) Third World Quarterly. 1561-1573

The Responsibility to Protect: Report of the International Commission on Intervention and State Sovereignty (Ottawa: International Development Research Centre, December 2001) (ICISS).

United Nations General Assembly ‘2005 World Summit Outcome Document’ (24 October 2005) UN Doc A/RES/60/1.

United Nations General Assembly- Security Council, ‘The role of regional and sub-regional arrangements in implementing the responsibility to protect’ (27 June 2011) UN Doc A/65/877-S/2011/393.

United Nations General Assembly, ‘In larger freedom: towards development, security and human rights for all’ (26 May 2005) UN Doc A/59/2005/ Add.3.

United Nations General Assembly, ‘In larger freedom: towards development, security and human rights for all’ (21 March 2005) UN Doc A/59/2005.

United Nations Press Release, ‘Kofi Annan Emphasizes Commitment to Enabling UN Never Again to Fail in Protecting Civilian Population from Genocide or Mass Slaughter’ (16th December 1999). SG/SM/7263/AFR/196. < https://www.un.org/press/en/1999/19991216.sgsm7263.doc.html> accessed on 12 March 2019.




DOI: http://dx.doi.org/10.25506/LEMP12201971

Refbacks



Copyright (c) 2019 Amber Amelia Smith

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.