Scribd Logo
Upload

Welcome to Scribd!

  • 1 views

    ANAYLSIS PAPER

    Uploaded by

    RGN 7F 17 NARUN Tripathi

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    ANAYLSIS PAPER

    Uploaded by

    RGN 7F 17 NARUN Tripathi
    1 views2 pages

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1 views2 pages

    ANAYLSIS PAPER

    Uploaded by

    RGN 7F 17 NARUN Tripathi

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    ANALYSIS PAPER

    COMMITTEE – ILC
    PORTFOLIO - China
    R2P AND UNSC

    THE principle cause of excessive humanitarian loss is the wrongful application of the r2p
    doctrine placing determination of R2P violations in the hands of the UNSC creates a
    situation of no action if there is no political incentive to act.

    Literature on the relationship between the ICC and R2P largely focuses on the issue of how
    the ICC can operation alize R2P by directly preventing atrocity crimes

    overlooking the potential for the ICC to deal with the issue of preventing abuse of R2P by
    regulating the implementation of R2P.

    our analysis suggests that the ICC represents a counterforce to the current security system
    and can guard against the manipulation of R2P by ensuring that all parties to a conflict,
    including UNSC authorized forces, comply witH IHL. Of particular significance is the principle
    of proportionality.

    the principle of proportionality gives the ICC jurisdiction to investigate whether R2P
    operations are proportional to achieve the overall goal of human protection.the value
    of this power rests not so much in the ICC’s ability to investigate and sanction the UNSC
    if it breaches the proportionality principle , but rather in helping to develop shared
    understandings regarding what constitutes proportional and legitimate R2P action

    we tell you that UNSC has internalised the requirement that an operation be proportional to
    achieve the human protection goal through the ICISS report, but lack a coherent frameworks
    for analyzing what constitutes legitimate conduct . The requirement that an operation be
    proportional to achieve the human protection goal was not explicitly set forth in the
    Outcome Document thus the UNSC lacks guidelines on how to apply the
    proportionality principle. Further ICC guidance on the meaning of proportionality
    under the Rome Statute could facilitate the

    UNSC in applying proportionality as one of the precautionary principles to analyse any claim
    that an intervention is necessary and legitimate to protect populations thereby increasing the
    possibility of more consistent UNSC decision making and reducing the possibility of
    interventions, which result in more harm than good.

    Now UNSC lacks a coherent framework for analysing what constitutes legitimate conduct .
    The requirement that an operation be proportional to achieve the human protection goal
    was not explicitly set forth in the Outcome Document thus the UNSC lacks guidelines on
    how to apply the proportionality principle. Further ICC guidance on the meaning of
    proportionality under the Rome Statute could facilitate the

    UNSC in applying it as one of the precautionary principles to analyse any claim that an
    intervention is necessary thereby increasing the possibility of more consistent UNSC
    decision making and reducing the possibility of what we term as emancipatory
    interventions Henceforth helps to Conceptualising the ICC as a regulator of, rather than
    alternative to, UNSC action.

    Now in the end the final responsibility lies to UNSC but a moral obligation and erga
    omnes obligation combined which will create a new force which the UNSC needs to
    tackle and will eventually resulting better intervention one fares once as well and
    won’t results in situations like rwanda and Darfur

    You might also like