Page 328

REVISTA IEEE 3

328 Journal of the Spanisch Institute for Strategic Studies N. 3 / 2014 duty (if armed force is used) to reconstruct10. B) The High Level Panel appointed by the Secretary-General of the United Nations to make proposals on the reform of the Charter within the framework of the “Millennium Summit” (2005), recognised in its report (2004) the presence of the concept of the RtoP in international law, as well as its topicality and importance11. The Secretary-General made similar statements in his 2005 report that he presented to the Heads of State and Government of the Member States of the Organisation during the Summit. The Secretary-General drafted his report bearing in mind the conclusions that the High Level Panel had reached, as well as his own experience12. The Summit outcome document, adopted by the states in September 2005, also accepts the concept of the RtoP 13. What does the RtoP allow for and how is it applied in practice? A) The ICISS established that this enhanced protection would be valid only in particularly serious situations of humanitarian crisis and that, where needed to avoid or redirect such situations, humanitarian armed intervention would be legitimised. The latter case requires that very strict requirements be fulfilled to cover the use of armed force: - Just cause (genocide, ethnic cleansing, crimes against humanity and war crimes). - Last resort. - Proportionality of means. - Reasonable possibility of success. The Commission also provided that the decision to carry out an armed intervention lies, in principal, in the hands of the UN Security Council. But in order to be consistent with the reality of the right of veto enjoyed by the five permanent members of the Council, and bearing in mind, above all, the use that has been made of this privilege 10  The Responsibility to Protect. Report by the Interational Commission on Intervention and State Sovereignty, December 2001, p. 15 (para. 2.32). The report is reproduced as an annex to the letter dated 26 July 2002 from the Permanent Representative of Canada to the United Nations addressed to the Secretary-General of the United Nations, A/57/303, 14 August 2002. 11  A More Secure World: Our Shared Responsibility. Report of the High-Level Panel on Threats, Challenges and Change, A/59/565, 2 December 2004 p. 63 (para. 203). 12  In larger freedom - towards development, security and human rights for all. Report of the Secretary- General A/59/2005, 21 March 2005, p. 39 (para. 135). 13  World Summit Outcome Document 2005, A/RES/60/1, 16 September 2005, p. 33 (para.138-139).


REVISTA IEEE 3
To see the actual publication please follow the link above