The relationship between evolution of sovereignty concept and reaction to serious human rights infringements Cover Image

The relationship between evolution of sovereignty concept and reaction to serious human rights infringements
The relationship between evolution of sovereignty concept and reaction to serious human rights infringements

Author(s): Jakub Kościółek
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniwersytet Opolski
Keywords: sovereignty; humanitarian intervention; responsibility to protect; R2P

Summary/Abstract: One of the most prevalent features of contemporary international relations system is erosion of sovereignty concept leading to human rights protection priority and humanitarian intervention enactment acceptability. Sovereignty in its modern approach is understood as state obligation and responsibility to secure welfare for its citizens and it refers to effective governance. It is assumed that individual interests outweigh interests of the state, though the sovereignty exception cannot be raised as defense against the necessity of intervention in the case of basic human rights breach. At this point sovereignty means the state responsibility for the wellbeing of its citizens. It led to Responsibility to Protect project arising from the debate on association between independence and use of force and human rights protection. The doctrine embedded in this project brought very good reception within international community and was designed to establish criteria for the scripts of international reaction to armed conflicts and genocide, ethnic atrocities and war crimes prevention. Nevertheless, discussion around informal (mostly moral) prerequisites to use force in reaction to serious human rights infringements did not lead to creation of consistent system of intervention on international level.

  • Issue Year: X/2012
  • Issue No: 2
  • Page Range: 21-29
  • Page Count: 9
  • Language: English