Ukraine and Responsibility to Protect (R2P): Present and Future Implications

 Abstract

Purpose: The war crimes allegedly committed against the civilian population in Ukraine by Russian military forces has generated multiple detrimental outcomes. Due to these war crimes, Russia was suspended from the United Nations Human Rights Council(UNHRC) as of April 2022. Russia’s alleged war crimes currently are undergoing thorough investigations by the UNHRC’s Commission of Inquiry. The current humanitarian situation in war-devastated Ukraine has been somewhat under researched.

Method: This paper employs the Responsibility to Protect(R2P) theory to examine the present and future of potential application of R2P in Ukraine. Based on resources from the R2P and human rights related research by the US government, the UN and its agencies, scholars, and experts, This article analyzes the failure of Russia to observe the principle of distinction between civilians and combatants as required by the Geneva Conventions, war-affected citizens in Ukraine, as well as potential application of the Responsibility to Protect(R2P) and its implication that the international community has a duty to protect civilians against Russian aggressions.

Results: The paper finds that the potential application of R2P in Ukraine will likely face some operational challenges within the UNSC, the potential application of R2P seems feasible as it is both legitimate and justifiable action in accordance with the international law. The actual application of R2P should however carefully be considered since the nature of use of force- often does more harm than good. The potential application of R2P might result in more harm to civilians if additional casualties are generated.

Conclusion: The international community should employ additional countermeasures such as added economic sanctions. Pressure should be brought to bear until Russia decides to refrain from war and negotiate a peace between Russia and Ukraine. The potential application of R2P in Ukraine should therefore be most carefully considered and maybe used as a last resort, to avoid and prevent a potential Third World War in coming months.

Keywords: The Responsibility to Protect(R2P), Humanitarian Law, Human Rights, Ukraine, Russia

---

References

[1] Green J & Henderson C & Ruys T. Russia’s Attack on Ukraine and the Jus Ad Bellum. Journal on the Use of Force and International Law, 9(1), 4-30 (2022).
[9] Kondoch B. The Responsibility to Protect and Northeast Asia: The Case of North Korea. The Korean Journal of Defense Analysis, 24(4), 433-448 (2012).
[10] Bellamy A. Realizing the Responsibility to Protect. International Studies Perspective, 10, 111-128 (2009).
[12] Bellamy A. The Responsibility to Protect and the Problem of Military Intervention. International Affairs, 84(4), 615-639 (2008).
[15] Howe B. Divergent Interpretations of the R2P and Human Security: Implications for Governance Challenges in Myanmar. The Korean Journal of Security Affairs, 23(1), 80-101 (2018).
[16] Erskine T. Coalitions of Willing and Responsibility to Protect: Informal Associations, Enhanced Capacities, and Shared Moral Burdens. Ethics & International Affairs, 28(1), 115-145 (2014).
[18] Bellamy A. Three Pillars of the Responsibility to Protect. Pensamiento Propio, 41, 35-64 (2015).
[19] Thakur R. Libya and the Responsibility to Protect: Between Opportunistic Humanitarianism and Value-free Pragmatism. Security Challenges, 7(4), 13-25 (2011).
[20] Welsh J. The Responsibility to Protect After Libya & Syria. The Journal of American Academy of Arts & Sciences, 145(4), 75-87 (2016).
[21] Halliyade M. Syria-another Drawback for R2P? An Analysis of R2P’s Failure to Change International Law on Humanitarian Intervention. Indiana Journal of Law and Social Equality, 4(2), 215-247 (2016).
[22] Eckert A. The Responsibility to Protect in Anarchical Society: Power, Interest, and the Protection of Civilians in Libya and Syria. Denver Journal of International Law & Policy, 41(1), 87-99 (2012).
[24] Gore KN & Camp CH & Chu L. Nation States Must Comply with Their Responsibility to Protect Ukraine against the Russian Federation’s Ongoing War Crimes. The World Financial Review, n4049096 (2022).
[40] Bosurgi R & Davidson C & Gaynor-Brook L & Moyer C & Odeny B & Turner R. Ukraine Conflict: Prioritizing Lives and Health. PLOS Medicine, 19(5), 1-2 (2022).
[41] Yun J & Bae I. A Review of the International Order and Human Security in the Era of Covid-19 Pandemic. International Journal of Terrorism & National Security, 6(4), 28-35 (2021). [Read More]
[42] Cha M. Pandemic and the Threat of Bioterrorism. International Journal of Terrorism & National Security, 6(1), 45-52 (2021). [Read More]
[43] Cho H & Park S & Im Y. Human Security Task and Prospect on Covid-19 Pandemic. International Journal of Terrorism & National Security, 5(2), 48-55 (2020). [Read More]
[44] Nam J. Plan for Secure Tourism Safety in the Post Covid-19 Era. International Journal of Terrorism & National Security, 6(4), 10-18 (2021). [Read More]
[45] Choi J. Current and Future Considerations for the Use of Artificial Intelligence by the United States’ Department of Defense. Robotics & AI Ethics, 6(1), 1-6 (2021). [Read More]
[51] Barber R. What does the ‘Responsibility to Protect’ Require of State in Ukraine?. Journal of International Peacekeeping, 25, 155-177 (2022).
[52] Barber R. Cooperating Through the General Assembly to End Serious Breaches of Peremptory Norms. International and Comparative Law Quarterly, 71(1), 1-35 (2022).
[53] Ebi K & Bowen K & Calkins J & Chen M & Huq S & Nalau J & Palutikof J & Rosenzweig C. Interactions Between Two Existential Threats: Covid-19 and Climate Change. Climate Risk Management, 34, 1-5 (2021).
[54] Brockmeier S & Stuenkel O & Tourinho M. The Impact of the Libya Intervention Debates on Norms of Protection. Global Society, 30(1), 113-133 (2015).
[55] Domestici-Met M. Protecting in Libya on Behalf of the International Community. Goettingen Journal of International Law, 3(3), 861-889 (2011).
[56] Sauer T. The Origins of the Ukraine Crisis and the Need for Collective Security between Russia and the West. Global Policy, 8(1), 82-91 (2017).
[57] Mearsheimer J. Why the Ukraine Crisis is the West’s Fault?: The Liberal Delusions That Provoked Putin. Foreign Affairs, 93(5), 77-89 (2014).
[58] Chengyi P. Why the Ukraine Crisis is the West’s Fault: A Historical and Philosophical Perspective. International Critical Thought, 7(2), 267-278 (2017).
[59] Cook S. The Crimean Crisis and International Law: A Realist Perspective. University of St. Thomas Journal of Law and Public Policy, 10(1), 65-82 (2015).
[60] Menon R & Ruger W. NATO Enlargement and US Grand Strategy: A Net Assessment. International Politics, 57, 371-400 (2020).
[61] Allison R. Russian ‘Deniable’ Intervention in Ukraine: How and Why Russia Broke the Rules. International Affairs, 90(6), 1225-1297 (2014).
[62] Kappeler A. Ukraine and Russia: Legacies of the Imperial Past and Competing Memories. Journal of Eurasian Studies, 5, 107-115 (2014).
[63] Wosniak M. The Ukraine Crisis and Shift in US Foreign Policy. International Studies, 18(2), 87-102 (2016).
[64] Akhli R. The Rapid Changes of the U.S. Foreign Military Assistance to Ukraine in 2019: A Neoclassical Realism Perspective. Journal Pertahanan, 6(2), 174-189 (2020).

---

[2] Human Rights Watch. Ukraine: Executions, Torture during Russian Occupation. Human Rights Watch (2022).
[3] Adams K & Arivalagan K & Bonardi M & Juel P & Martz C. Russian War Crimes against Ukraine: The Breach of International Humanitarian Law by the Russian Federation. The Global Accountability Network (2022).
[4] https://www.reuters.com/ (2022).
[5] https://www.reuters.com/ (2022).
[6] https://www.bbc.con/ (2022).
[7] https://www.reuters.com/ (2022).
[8] International Commission on Intervention and State Sovereignty. The Responsibility to Protect. International Development Research Centre (2001).
[11] The United Nations General Assembly. 2005 World Summit Outcome. The United Nations (2005).
[13] The United Nations Security Council. Resolution 1674. The United Nations (2006).
[14] The United Nations General Assembly. The Responsibility to Protect. The United Nations (2009).
[17] Evans G. R2P: The Dream and the Reality. European Centre for the Responsibility to Protect’s Annual Lecture at Leeds University (2020).
[23] The United Nations Security Council. Letter Dated 14 December 2015 from the Permanent Representative of Liechtenstein to the United Nations Addressed to the Secretary-general. The United Nations (2015).
[25] Scheffer D. Can Russia Be Held Accountable for War Crimes in Ukraine?. Council on Foreign Relations (2022).
[26] Ukraine, Russian Federation, United Kingdom of Great Britain, and Northern Island, and United States of America. Memorandum on Security Assurances in Connection with Ukraine’s Accession on the Treaty on the Non-proliferation of Nuclear Weapons. Government of Ukraine (1994).
[27] Lerch M. International Court of Justice Preliminary Decision in Ukraine v Russia. European Parliament (2022).
[28] The United Nations Human Rights Office of the High Commissioner. Situation of Human Rights in Ukraine in the Context of the Armed Attack By the Russian Federation. The United Nations (2022).
[29] Data Friendly Space. Ukrainian Crisis: Situational Analysis. The Information Management and Analysis Cell (2022).
[30] The United Nations Office for the Coordination of Humanitarian Affairs. Assistant Secretary-general for Humanitarian Affairs and Deputy Emergency Relief Coordinator Joyce Msuya, Remarks to the UN Security Council on Ukraine. The United Nations (2022).
[31] https://www.theguardian.com/ (2022).
[32] https://news.un.org/ (2022).
[33] https://www.reuters.com/ (2022).
[34] Stepanenko K & Hird K & Kagan F. Russian Offensive Campaign Assessment. Institute for the Study of War (2022).
[35] https://www.theguardian.com/ (2022).
[36] https://www.newyorker.com/ (2022).
[37] https://www.wsj.com/ (2022).
[38] https://www.extranet.who.int/ (2022).
[39] The United Nations International Children’s Emergency Fund. Ukraine Humanitarian Situation Report No. 14. The United Nations (2022).
[46] The United Nations General Assembly. Situation on Human Rights in Ukraine Stemming from the Russian Aggression. The United Nations (2022).
[47] https://www.reuters.com/ (2022).
[48] https://www.state.gov/ (2022).
[49] Arabia C & Bowen A & Welt C. U.S. Security Assistance to Ukraine. Congressional Research Service (2022).
[50] https://www.nytimes.com/ (2022).



? Source: etnews.com