New PDF release: An Institutional Approach to the Responsibility to Protect

By Dr Gentian Zyberi

ISBN-10: 1107036445

ISBN-13: 9781107036444

Overlaying the most political organs of the UN, vital local and defense companies, foreign judicial associations and the local human rights safeguard structures, An Institutional method of the accountability to guard examines the jobs and tasks of the foreign neighborhood concerning the accountability to guard. It additionally proposes advancements to the present procedure of collective safeguard and human rights defense.

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93. On the scope and structure of erga omnes obligations and its relationship to jus cogens, see Maurizio Ragazzi, The Concept of International Obligations Erga Omnes (Oxford: Clarendon Press, 2000), pp. 133–4, 189–90 and 200. 159 On the choice of consequences, both individual and collective responsibility have been envisaged: Co-operation could be organised in the framework of a competent international organisation, in particular the United Nations. However, paragraph 1 also envisages the possibility of non-institutionalised co-operation .

Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, ICJ Reports 1986, para. , p. 33. 97 States must make available legal advisers to military commanders and impose command 92 93 94 95 96 97 Protection of Victims of Non-International Armed Conflicts, adopted 8 June 1977 and entered into force 7 December 1978, 1125 UNTS 609. ‘It is undoubtedly because a great many rules of humanitarian law applicable in armed conflict are so fundamental to the respect of the human person and “elementary considerations of humanity” as the Court put it in its Judgment of 9 April 1949 in the Corfu Channel case (ICJ Reports 1949, p.

132 127 128 129 130 131 132 International Law, p. 95; Rosenberg, ‘A Framework for Prevention’, in Bellamy et al. ), The Responsibility to Protect and International Law, pp. 175ff. Bosnia and Herzegovina v. Serbia and Montenegro, para. 183. , para. 430; Milanović, ‘State Responsibility for Genocide’, 686. The ICJ rejected the ‘overall control’ test adopted by ICTY in the Tadić case, and instead used its own test on ‘effective control’ and attribution for acts by non-State actors applied in the Nicaragua case.

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An Institutional Approach to the Responsibility to Protect by Dr Gentian Zyberi


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