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Title: The responsibility to protect : an examination of host and third-state obligations in preventing and reacting to mass atrocity crimes in light of the Libyan and Syrian conflicts
Author: Nahlawi, Yasmine Khaled
ISNI:       0000 0004 6423 8069
Awarding Body: Newcastle University
Current Institution: University of Newcastle upon Tyne
Date of Award: 2016
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This thesis examines the responsibility to protect (R2P) doctrine in light of the 2011 Libyan and Syrian conflicts in order to determine host and third-State obligations in the prevention of and the reaction to mass atrocity crimes. This thesis emphasises that R2P is premised in many ways upon existing international norms which it seeks to pull together, repackage, and build upon in order to arrive at a central legal framework for tackling mass atrocity crimes. As such, this thesis discusses R2P’s application in the Libyan and Syrian conflicts in light of both existing international norms as well as an emerging central R2P framework. In terms of host State obligations, a detailed examination of R2P’s role within the Libyan and Syrian conflicts affirms that States universally accepted a binding obligation to protect their own populations from mass atrocity crimes. However, there is no indication – through the various military and non-military measures employed by the international community in response to these conflicts – that States accepted an obligation to react to mass atrocity crimes as part of R2P. Combined with persisting structural limitations within the United Nations Security Council (UNSC), most particularly the permanent members’ right to the veto, it can be seen that R2P has failed to overcome some of the very deficiencies which it was created to address. Moving forward, R2P must either come to impose an obligation upon third-party States to react to mass atrocity situations (and by default, limit the use of the permanent veto), or must identify means by which the international community can circumvent the UNSC when the body is paralysed. This thesis highlights that legal frameworks do exist in support of both of these aims, although they must be further developed and strengthened in order to enhance the enforcement of R2P.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available