October 22, 2021
info:eu-repo/semantics/OpenAccess
Kahina Merzelkad, « The responsability to protect tested against the facts : The case of Libya and Tunisia », HALSHS : archive ouverte en Sciences de l’Homme et de la Société, ID : 10670/1.lk9yyq
The principle of the responsibility to protect civilian populations is a UN principle thatseeks to avoid or end anyrisk of genocide or crimes againsthumanity. Introduced for the first time by the report of the International Commission on Intervention and State Sovereignty (ICISS) in 2001 and adopted by the United Nations General Assembly in 2005, thisprincipleimplies a reconsideration of the notion of sovereignty, which places the primary obligation on the State to guarantee the protection of the civilian population against the emergence of conflict. It alsoincludes the commitment of the international community'ssubsidiaryresponsibility, in the event of proven state failure, to intervene to guarantee the maintenance of international peace and security.This binarycombination of the principle of the responsibility to protectisthusbased, according to the ICISS report, on threepillars: prevention, intervention and reconstruction. However, the effective implementation of thesethreepillars has been the subject of numerous doctrinal as well as practicalcriticismsthat call into question the effectiveness of thisprinciple anditsconnectionwith the concept of international interference.The objective of the presentresearchis to explore the scope of the principle of the responsibility to protect in boththeoretical and practicalterms. The first part of thisworkseeks to provide a legal and doctrinal analysis of the principle of the responsibility to protect and to extractanyambiguitiesrelating to it. The second part addresses the question of the effective implementation of the principle of the responsibility to protect and itslimits by referring to twopractical cases: Tunisia and Libya.