THE DOCTRINE OF «RESPONSIBILITY TO PROTECT» IN INTER- STATE RELATIONS: ACTIONS AND POSITIONS OF THE RUSSIAN FEDERATION ON EVENTS IN GEORGIA AND UKRAINE
Journal: International Scientific Journal "Internauka" (Vol.3, No. 79)Publication Date: 2019-12-15
Authors : Letka Diana;
Page : 36-42
Keywords : the doctrine of «Responsibility to Protect» (RtoP); human rights; humanitarian intervention; state sovereignty; the use of force;
Abstract
This paper focus on the analysis of the concept of the obligations of the state in relation to the individual and the society as a whole, which is practically not developed in the national theory of law and the science of international law. The article defines the concept of the obligation to protect, determines the main nascent stage of the doctrine, analyzes its three key components («States' obligations to protect», «international assistance», «well- timed and decisive response» by the international community). This article highlights the current problem of today, namely: the use of force in interstate relations, the impact of the RtoP doctrine, have done a legal analysis of the legitimacy of aggression, actions and positions of the Russian Federation against sovereign states, such as Georgia and Ukraine in terms of international law. Analyzed conceptual ideas about the scope and nature of the state's human rights obligations give reasonable replies to questions about the system of means that the state should use in order to ensure and protect human rights, the proportionality of the use of force by the state, peace and stability in the country, especially in conflict areas. In September 2000, upon an initiative of Canada, an International Commission on Intervention and State Sovereignty was established. This group was made up of eminent international law experts led by former Australian Foreign Minister G. Evans and Special Adviser of the Secretary General of the United Nations, M. Sahnun. In 2001, scientists developed and submitted to the Secretary-General and UN Member States a well-known report, The Responsibility to Protect, which offered an alternative to the so-called «humanitarian right» intervention, replacing it with a «duty to protect». At the conclusions it's stated that further development and recognition of the «R2P» doctrine will contribute to the fulfillment of the obligations of the state and international community to protect the populations from mass atrocity crimes as well as it will keep the individual state from violations of the norms and principles of international law.
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