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Title: Old policies, new package? : the scope, viability and value added of the 'responsibility to protect'
Author: Halbert, Jennifer Dee
Awarding Body: Swansea University
Current Institution: Swansea University
Date of Award: 2013
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In 2005 States accepted that there is a responsibility to protect ('RtoP') populations when "man's inhumanity to man" rises to the fore and that those entrusted to respond effectively should undertake appropriate protective action, not simply rely on 'it' going away. The question which the thesis explores, largely from a legal and practice based perspective, is what the evolution of each component of RtoP discloses, over the past seven years, about its scope, status, viability and, more specifically, whether RtoP as it currently stands adds value to, or just newly packages, old protection policies. The extensive practice reviewed, including over four hundred State views and fifteen country-specific studies, identifies which positions in the existing literature on RtoP may require revisiting, and what issues merit greater attention given their potential practical and policy significance. Where appropriate, the established field of minority protection is utilised to ground assessment of RtoP's value added and identify possible policy implications of, or explanations for, the development of a responsibility which is still in its formative years. In so doing, present understandings of RtoP's relationship to minority protection are examined and developed. The view taken is that RtoP's relationship with existing protection mechanisms is multifaceted and evolving, adding value in some ways but also creating points of departure. Whilst the broad based State support for RtoP developed since 2005 is cause for celebration, the Libya and Syria conflicts illuminated tensions inherent in RtoP, including whether it is possible to resist regime change and remain neutral in civil wars where governments perpetrate RtoP crimes. Until there is a greater cohesion among policymakers to address some of the controversial issues and other outstanding ambiguities, then it is quite likely that the focus on 'RtoP' from 2005 will now shift perhaps to more 'PtR' - 'Protecting the Responsibility'.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Human rights