364 Journal of the Spanisch Institute for Strategic Studies N. 3 / 2014 Council has not been subjected to any form of judicial review in relation to the legality of the measures it establishes in its resolutions50. To the contrary, it is very difficult to disprove critics who question the resolutions adopted by the UN and, particularly, those relating to the responsibility to protect. There is a strong link between the responsibility to protect and human rights, given that the concept involves protecting the civilian population when their rights are being seriously violated. International practice has demonstrated that “the responsibility to protect only arises when human rights are violated”51. Such is the importance of human rights that a state’s obligations in this area prevail over all other obligations derived from its domestic law. The commitments entered into under international human rights law apply at all times, during times of peace and war52. We could even go so far as to say that the responsibility to protect was created to prevent the violation of these rights and, therefore, to protect and defend them. At the same time, however, the consolidation of international norms recognising and protecting human rights (and the new nature of conflict) justify a legal change which would lead to acceptance of the responsibility to protect. The two aspects are inextricably linked. In this regard, Kofi Annan, in his report “In Larger Freedom: development, security and human rights for all”, states that “We must also move towards embracing and acting on the “responsibility to protect” potential or actual victims of massive atrocities. The time has come for Governments to be held to account, both to their citizens and to each other, for respect of the dignity of the individual, to which they too often pay only lip service. We must move from an era of legislation to an era of implementation. Our declared principles and our common interests demand no less”. It should be pointed out, however, that the responsibility to protect does not apply to all violations of human rights; it is only required when violations constitute genocide, ethnic cleansing, war crimes and crimes against humanity. 50 Vid. JIMENEZ GARCIA, F.: “Tutela judicial efectiva, pilares intergubernamentales de la Unión Europea y Naciones Unidas o viceversa”, in CUERDA RIEZU, A. and JIMENEZ GARCIA, F. (Dir.): “Nuevos desafíos del derecho penal internacional: terrorismo, crímenes internacionales y derechos fundamentales”, Tecnos, Madrid, 2009, pag. 419. 51 Vid. DIAZ BARRADO, C.M.: “La responsabilidad de proteger en el derecho internacional contemporáneo…cit., pag. 33. The author also states that “the responsibility to protect can only be understood when it is recognised that the international defence and protection of human rights is part of the foundational principles of international law”. 52 Vid. SANCHEZ DE ROJAS DIAZ, E., Coronel de Artillería DEM: “El terrorismo y la responsabilidad de proteger…cit., pag. 90.
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