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Mark Gibney

Responsibility to Protect, the Duty to Prevent (Genocide) and Extraterritorial Human Rights Obligations Mark Gibney Belk Distinguished Professor University of North Carolina-Asheville mgibney@unca.edu Abstract Human rights are (universally) declared to be universal, yet under the dominant interpretation the

François Crépeau

submitted for pub- lication to the Institute for Research on Public Policy, Montreal. The author takes, however, sole respon- sibility for the content of this paper. 1 Donald Galloway, Immigration Law , Toronto: Irwin Law, 1997, pp. 9–10. When Recourses Fail to Protect: Canadian Human Rights Obligations and

Samvel Varvaštian

emerged, both in the United States and elsewhere, targeting states for lagging in climate change mitigation efforts, particularly with regard to ghg emission reductions, and invoking, among other things, the mechanisms offered by human rights law—namely, states’ constitutional obligations to protect the

Rebecca Barber

obligations, such as might require peace- support operations to actively protect, this paper considers whether there are obligations that can be drawn from international human rights or international humanitarian law that may assist in locating a substantive content for the responsibility to protect. It is

Ekkehard Strauss

improve the imple mentation of existing legal obligations to protect populations from genocide, war crimes, crimes against humanity and ethnic cleansing. If used for the development of a continuum of civil and military action to prevent and halt only these exceptional crimes, the necessary practice and

Hans Morten Haugen

that there is still uncertainty regard- ing the exact meaning of the term ‘multilateral obligations’. Hence, other concepts such as ‘absolute obligations’ might be preferred in order to characterise human rights treaties, and hence implicitly acknowledge that treaties that protect vital matters may

Susan Breau and Rachel Joyce

database of the Iraq Body Count Project. 2 Research reveals that recording of all casualties, including civilians, is an international legal obligation of all states in the international community. This duty to record is inextricably bound with the responsibility to protect. 3 The Outcome document of

Kok-Chor Tan

basis of the duty is founded on its obligation to protect the interests of its own citizens. Yet, this would present a duty to intervene that is however not grounded on general humanitarian concerns. To better draw out the core philosophical issues at stake in discussing the duty of intervention, I will

Piet Hein van Kempen and Masha Fedorova

option concerns positive human rights obligations, i.e. obligations that require states to take measures in order to guarantee fundamental human rights of individuals. Regulated permission of cannabis cultivation and trade may offer better possibilities for states to protect human rights interests than