A New Interpretation for the Relevance of Sovereignty and Human Rights: the Case of Responsibility to Protect

Alex Chiang ； Yu-Tai Tsai

《Tamkang Journal of International Affairs》 15卷3期 (2012/01) Pp. 39-79

https://doi.org/10.6185/TJIA.V.15.N3.P39P79

並列摘要

The term ”Responsibility to Protect” (R2P) was first presented in the report of the International Commission on Intervention and State Sovereignty (ICISS) in December 2001. The Commission had been formed in response to Kofi Annan's question of when the international community must intervene for human protection purposes. The R2P stresses that states have the primary responsibility to protect their populations. Besides, it focuses on the responsibility of international community to take timely and decisive action to prevent and halt genocide, ethnic cleansing, war crimes and crimes against humanity when a state is manifestly failing to protect its population. However, obviously, humanitarian intervention, as advocates of R2P, has rightly threatened the traditional rights of sovereigns. There is a conflict between the R2P and other norms in the institution of sovereignty, such as non-interference and sovereign equality. Therefore, the purpose of this paper is exploring a discussion of the relevance of human rights and sovereignty, analyzing the concept of the R2P and its legal basis, and designing the approach of confrontation, coexistence and circumvention (3C) between the sovereignty and the R2P. Finally, the paper is trying to build up a multi-dimensional view on 3C research approach. By emphasizing on its comprehensive and integrated dimensions, the 3C approach can be regarded as the authors' original idea and applied as a toolkit in the field of international intervention.

並列關鍵字

Responsibility to Protect ； Customary International Law ； Sovereignty ； Human Rights ； Humanitarian Intervention ； Human Security

參考文獻

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