Responsibility To Protect - The United Nations Mandate

The United Nations Mandate

At the 2005 World Summit, Member States included R2P in the Outcome Document agreeing to Paragraphs 138 and 139. These paragraphs gave final language to the scope of R2P. It applies to the four mass atrocities crimes only. It also identifies to whom the R2P protocol applies, i.e., nations first, regional and international communities second.

Paragraphs 138 and 139 state:

138. Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and support the United Nations in establishing an early warning capability.

139. The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly fail to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity and its implications, bearing in mind the principles of the Charter and international law. We also intend to commit ourselves, as necessary and appropriate, to helping States build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assisting those which are under stress before crises and conflicts break out.

— 2005 World Summit Outcome Document.

In April 2006, the United Nations Security Council (UNSC) reaffirmed the provisions of paragraphs 138 and 139 in resolution (S/RES/1674). This formalized their support for the Responsibility to Protect. The next major advancement in R2P came in January 2009, when UN Secretary-General Ban Ki-moon released a report called Implementing the Responsibility to Protect. His report led to a debate in the General Assembly in July 2009 and the first time since 2005 that the General Assembly had come together to discuss the responsibility to protect. Ninety-four member states spoke. Most supported the R2P principle although some important concerns were voiced. They discussed how to implement R2P in crisis situations around the world. The debate highlighted the need for regional organizations like the African Union to play a strong role in implementing R2P; the need for stronger early warning mechanisms in the United Nations; and the need to clarify the roles UN bodies would play in implementing R2P.

One outcome of the debate was the first resolution referencing R2P adopted by the General Assembly. The Resolution (A/RES/63/308) showed that the international community had not forgotten about the concept of the responsibility to protect and it decided "to continue its consideration of the responsibility to protect."