The Responsibility to Protect professes a political commitment assumed by the International Community, intending to protect populations from the crimes of genocide, crimes against humanity, war crimes and ethnic cleansing. In this dissertation, we aim to analyze this doctrine in its preventive aspect. Circumscribing our analysis to a very specific perspective of this concept related to multilateralization: when the Territorial State fails to protect its population, what can the International Community do? Thus, starting from the idea underlying this concept, the International Community, imperative norms, multilateralization of Responsibility and its importance in International Law, we will analyze what mechanisms are available to ensure respect for these fundamental values. In particular, the entitlement of a State other than the injured State to submit a case to an International court, invoking a community interest, will be analyzed. The most recent manifestation of this possibility brings us to the process brought by The Gambia against Myanmar for violations of the Genocide Convention.
|Date of Award||27 Sep 2021|
- Universidade Católica Portuguesa
|Supervisor||Maria Isabel Tavares (Supervisor)|
- Responsibility to protect
- International community
- Ius cogens
- Erga omnes