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An analysis of whether Pillar Three of the Responsibility to Protect doctrine obliges the Security Council to act in cases of mass atrocities such as those in Syria

Mini Dissertation (LLM)--University of Pretoria, 2015.

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Other Authors: Tladi, Dire
Format: Thesis
Language:English
Published: University of Pretoria 2016
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access_status_str Open Access
author2 Tladi, Dire
author_browse Tladi, Dire
author_facet Tladi, Dire
collection Thesis
dc_rights_str_mv © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM)--University of Pretoria, 2015.
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2016
publishDateRange 2016
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publisher University of Pretoria
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spelling oai:repository.up.ac.za:2263/53133 An analysis of whether Pillar Three of the Responsibility to Protect doctrine obliges the Security Council to act in cases of mass atrocities such as those in Syria Tladi, Dire dkahama@gmail.com Kahama, Dickson UCTD Law theses SDG-16 SDG-16: Peace, justice and strong institutions Mini Dissertation (LLM)--University of Pretoria, 2015. For some time now, the problem of an inadequate response to the humanitarian crisis around the world to protect human populations from genocide, war crimes, ethnic cleansing and crimes against humanity has persisted. It was against the significant legal difficulties, and challenges of humanitarian intervention as illustrated above, that it was argued that there was a need for an to efficient way to respond to the on-going humanitarian crises thus the introduction of the "Responsibility to Protect idea." The study has briefly touched on the creation, development and eventual adoption of the responsibility to protect (R2P) norm and more specifically. The purpose of this study is to critically examine the Nations Security Council's responsibility with regards to protection civilians from mass atrocities in light of the 2011 Syrian crisis. This is premised especially from pillar three of R2P which states that; "the international community has a responsibility to use appropriate diplomatic, humanitarian and other means to protect populations from these crimes. If a State is manifestly failing to protect its populations, the international community must be prepared to take collective action to protect populations, in accordance with the Charter of the United Nations." The main question of this study is to analyse whether the responsibility to protect doctrine establishes a legal obligation on the United Nations Security Council to act in situations of mass atrocities such the case of Syria? The study has argued that much as the responsibility to protect doctrine neither establishes nor supports the idea that the Security Council is under a legal obligation to act when there is occurrence of humanitarian crisis, however, I have argued that article 24 together with other articles in the United Nations Charter create a legal obligation on the United Nations Security Council to act. Public Law LLM Unrestricted 2016-06-14T09:45:07Z 2016-06-14T09:45:07Z 2016-04-14 2015 Mini Dissertation Kahama, D 2016, An analysis of whether Pillar Three of the Responsibility to Protect doctrine obliges the Security Council to act in cases of mass atrocities such as those in Syria, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/53133> A2016 http://hdl.handle.net/2263/53133 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Law theses SDG-16
SDG-16: Peace, justice and strong institutions
An analysis of whether Pillar Three of the Responsibility to Protect doctrine obliges the Security Council to act in cases of mass atrocities such as those in Syria
title An analysis of whether Pillar Three of the Responsibility to Protect doctrine obliges the Security Council to act in cases of mass atrocities such as those in Syria
title_full An analysis of whether Pillar Three of the Responsibility to Protect doctrine obliges the Security Council to act in cases of mass atrocities such as those in Syria
title_fullStr An analysis of whether Pillar Three of the Responsibility to Protect doctrine obliges the Security Council to act in cases of mass atrocities such as those in Syria
title_full_unstemmed An analysis of whether Pillar Three of the Responsibility to Protect doctrine obliges the Security Council to act in cases of mass atrocities such as those in Syria
title_short An analysis of whether Pillar Three of the Responsibility to Protect doctrine obliges the Security Council to act in cases of mass atrocities such as those in Syria
title_sort analysis of whether pillar three of the responsibility to protect doctrine obliges the security council to act in cases of mass atrocities such as those in syria
topic UCTD
Law theses SDG-16
SDG-16: Peace, justice and strong institutions
url http://hdl.handle.net/2263/53133