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[Draft 2] Responsibility to Protect (RTP)

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Malairium
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[Draft 2] Responsibility to Protect (RTP)

Postby Malairium » Sat Apr 24, 2021 7:55 pm

Responsibility to Protect Act (RTP)
A resolution to strengthen international commitment to human security

Category: International Aid
Strength: Strong
Proposed by: Malairium

Description:
Article I, Preamble:

The World Assembly recognizes the right of each member state to autonomous self-governance. It further recognizes the sovereign state as the foremost provider of security, as well as the central mechanism for human development. However, the World Assembly also believes that the sovereign state is not an infallible tool in the pursuit of human development. As a consequence, the World Assembly believes the concept of total and unregulated state sovereignty to be irredeemably flawed. It hereby enacts this resolution, to promote the pursuit of international human security as a replacement for total and unregulated state sovereignty, with the goal of ending human suffering otherwise justified under the argument of sovereignty, while still preserving WA member state's right to autonomous self-governance.

Article II, Definitions:
1) Human security shall, for the purposes of this resolution, be defined as the pursuit of international security through the global attainment of, or progression towards, "Freedom from Want", and "Freedom from Fear", irrespective, though not exclusive, of the traditional notion of national security through state-organized military security.
1a) For the purposes of this resolution, Freedom from Want, hereafter referred to as FFW, is defined as the attainment of, or significant progress towards:
I. Economic security: the condition of having stable income or other resources to support a standard of living now and in the foreseeable future.
II. Food security: the state of having reliable access to a sufficient quantity of affordable, nutritious food.
III. Health Security: the ability for action, both proactive and reactive, to minimize the danger and impact of acute public health events that endanger people’s health.
IV. Environmental security: the state of human–environment dynamics that includes restoration of the environment damaged by military actions, and amelioration of resource scarcities, environmental degradation, and biological threats that could lead to social disorder and conflict.
V. Personal Security: the protection from physical violence from violent individuals and sub-state actors, from domestic abuse, or from violent crime.
VI. Cultural Security: the assurance that all individuals and groups are treated with regard to their unique cultural needs and differences, and that their cultural identity will be protected.
VII. Political Security: the prevention of government repression or systematic violation of political rights and representation.
1b) For the purposes of this resolution, Freedom from Fear, hereafter referred to as FFF, is defined as the protection from serious, immediate, and organized violence.

2) For the purposes of this resolution, total and unregulated state sovereignty shall be defined as the ability of a state to pursue domestic policy in a manner irrespective of international opinion, law, agreements, actions, or understandings.
2a) For the purposes of this resolution, domestic policy shall be defined as actions, or rulings made by the legitimate government of a WA member state that specifically affect their own internal affairs, and does not have a primary effect on other WA member states.

3) For the purposes of this resolution, "Responsibility to Protect", hereafter referred to as RTP, shall be defined as a human security based justification for international actions, responses, or rulings, that interfere with the domestic policy of a WA member state, thus disregarding the argument of sovereignty. An invoked RTP authorizes action by a state to assist a threatened population, as determined in Article III.
3a) RTP can only be legally invoked in circumstances denoted in Article III section 2. If these conditions are not met, RTP cannot be invoked, and any attempt to do so will be declared illegal.
3b) A threatened population is defined as a group, community, or other large collective of humans that exist in absence of FFW or FFF.

Article III, Requirements of Nations:
1) The WA Commission on Human Rights (WACHR) will be given the authority to determine if the conditions for RTP, as determined in Article III, section 2, have been met, and will have the sole authority to legalize actions, responses, or rulings, under RTP, as determined in Article III, section 3. Any state can present a case before the WACHR in an attempt to gain the right to invoke RTP. Additionally, the WACHR is responsible for investigating circumstances where RTP should be applied, and, if it finds the circumstances meet the requirements for RTP to be invoked, as detailed in section 2, it shall invoke RTP and invite international action. The WACHR will also have the authority to dismiss a state's RTP claim at any time, in cases where the state's actions are in violation of Article III, section 3, whereafter they will no longer be able to take action under the justification of RTP until the WACHR decides otherwise.
1a) The WACHR does not have the authority to compel any state to make action, it only has the authority to legalize state action.

2) RTP will only be invoked when one or more of the following apply:
2a) A sovereign state is incapable of progress, refuses to make progress, or acts against progress in regards to FFW (Class C RTP).
2b) A sovereign state is incapable of securing protection from serious, immediate, and organized violence (Class B RTP).
2c) A sovereign state threatens serious, immediate, and organized violence against its own population (Class A RTP).

3) The three different classes of RTP (Class C, Class B, Class A) authorize specific levels of intervention, as outlined below:
3a) Where an RTP (Class C) has been granted to a state, that state may:
I. Provide aid or assistance to the threatened population
II. Use non-lethal or lethal force for self-defense
III. Use non-lethal means to prevent state action against the provision of aid or assistance
IV. Take reasonable action to prevent similar threats in the future

3b) Where an RTP (Class B) has been granted to a state, that state may:
I. Use non-lethal and/or lethal force (with accordance to international law) to assist the legitimate government or threatened population in securing FFF.
II. Provide arms, military equipment, and/or military and police training to secure FFF.
III. Take reasonable action to prevent similar threats in the future

3c) Where an RTP (Class A) has been granted to a state, that state may:
I. Use non-lethal and/or lethal force to prevent the local government threatening serious, immediate, and organized violence against a threatened population.
II. Seek to remove the local government from power.
III. Take reasonable action to prevent similar threats in the future

3d) At no point, unless explicitly stated otherwise, does RTP give a state the right to:
I. Breach international law, particularly in regards to the treatment of non-combatants
II. Use RTP to benefit their own state at the cost of the threatened population
Last edited by Malairium on Sun Apr 25, 2021 5:45 am, edited 4 times in total.
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Tinhampton
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Postby Tinhampton » Sat Apr 24, 2021 10:16 pm

Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: The Tinhamptonian delegation is opposed to the RTP Act and will be voting against it should it ever come to vote. My Malairian colleague is to be lauded for not immediately submitting it, but there is a terrible disconnect between what he thinks the "Responsibility to Protect" entails - namely state-sponsored humanitarian intervention and coups d'état - and what sapient rights scholars* think it entails.

*OOC: CEDAW General Comment 28, paragraph 9, for instance, defines the responsibility to protect as "requir[ing that] protect women from discrimination by private actors and take steps directly aimed at eliminating customary and all other practices that prejudice and perpetuate the notion of inferiority or superiority of either of the sexes, and of stereotyped roles for men and women." Its Paragraph 37(b) views said obligation as requiring states to "[take] steps to prevent, prohibit and punish violations of the Convention by third parties, including in the home and in the community, and to provide reparation to the victims of such violations."
The Self-Administrative City of TINHAMPTON (pop. 329,537): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549, SC#356, GA#559, GA#562, GA#567, GA#578, SC#374, GA#582, SC#375, GA#589, GA#590, SC#382, SC#385*, GA#597, GA#607, SC#415, GA#647, GA#656, GA#664, GA#671, GA#674, GA#675, GA#677, GA#680, Issue #1580, GA#682, GA#683, GA#684, GA#692, GA#693, GA#715
The rest of my CV: Cup of Harmony 73 champions; Philosopher-Queen of Sophia; *author of the most popular SC Res. ever; anti-NPO cabalist in good standing; 48yo Tory woman w/Asperger's; Cambridge graduate ~ currently reading The World by Simon Sebag Montefiore

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Malairium
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Postby Malairium » Sat Apr 24, 2021 10:48 pm

Tinhampton wrote:Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: The Tinhamptonian delegation is opposed to the RTP Act and will be voting against it should it ever come to vote. My Malairian colleague is to be lauded for not immediately submitting it, but there is a terrible disconnect between what he thinks the "Responsibility to Protect" entails - namely state-sponsored humanitarian intervention and coups d'état - and what sapient rights scholars* think it entails.

*OOC: CEDAW General Comment 28, paragraph 9, for instance, defines the responsibility to protect as "requir[ing that] protect women from discrimination by private actors and take steps directly aimed at eliminating customary and all other practices that prejudice and perpetuate the notion of inferiority or superiority of either of the sexes, and of stereotyped roles for men and women." Its Paragraph 37(b) views said obligation as requiring states to "[take] steps to prevent, prohibit and punish violations of the Convention by third parties, including in the home and in the community, and to provide reparation to the victims of such violations."




While I am of course honoured by your comment, and do honestly thank you very much for taking the time to write one, I must confess I am somewhat confused as to the grounds of your disagreement. If it is the "terrible disconnect" between the chosen title of the legislation and a real world use of the same phrase to refer to a entirely different concept, then I fail to see how the content of the legislation could be said to be flawed. Nor can I see why a real world use of a phrase bars it from use in a relevant manner, where it has not previously been used, and as such, has little chance for confusion. Additionally, I should inform you that "Responsibility to Protect" is not only used in the real world to mean the elimination of "... practices that prejudice and perpetuate the notion of inferiority or superiority of either of the sexes", but is also used in political science to mean largely what it has been used to mean in this piece of legislation.

"The responsibility to protect embodies a political commitment to end the worst forms of violence and persecution. It seeks to narrow the gap between Member States’ pre-existing obligations under international humanitarian and human rights law and the reality faced by populations at risk of genocide, war crimes, ethnic cleansing and crimes against humanity."
- https://www.un.org/en/genocidepreventio ... tect.shtml

I am of course happy to alter the title if you believe it causes undue confusion with pre-existing or upcoming legislation. I look forward to dialogue aimed at resolving these problems, as was the purpose of the submission of this legislation to the WA forum as a draft, which you have been very kind to acknowledge.
Last edited by Malairium on Sat Apr 24, 2021 10:51 pm, edited 1 time in total.
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Tinhampton
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OOC

Postby Tinhampton » Sun Apr 25, 2021 12:50 am

I am aware that the responsibility/obligation to protect is invoked in human rights contexts beyond women's rights; the OOC citation in my above post was an example. In any event, Maxtopia being unable to impose a nationwide lockdown to prevent the spread of tiaravirus without receiving EPARC assistance in this regard does not constitute "genocide, war crimes, ethnic cleansing and crimes against humanity;" mor would the Bigtopian Army failing to plant trees in those locations where the "environment [has been] damaged by [its] actions" or East Lebatuck refusing to implement democratic reforms.

Your Article 2 defines "full and unregulated state sovereignty" despite it not otherwise being used beyond your preamble. Nor is it clear whether the responsibility to protect can be invoked by those member states described in Article III.2, by any member state other than those states, or by any member state (regardless of circumstances).
The Self-Administrative City of TINHAMPTON (pop. 329,537): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549, SC#356, GA#559, GA#562, GA#567, GA#578, SC#374, GA#582, SC#375, GA#589, GA#590, SC#382, SC#385*, GA#597, GA#607, SC#415, GA#647, GA#656, GA#664, GA#671, GA#674, GA#675, GA#677, GA#680, Issue #1580, GA#682, GA#683, GA#684, GA#692, GA#693, GA#715
The rest of my CV: Cup of Harmony 73 champions; Philosopher-Queen of Sophia; *author of the most popular SC Res. ever; anti-NPO cabalist in good standing; 48yo Tory woman w/Asperger's; Cambridge graduate ~ currently reading The World by Simon Sebag Montefiore

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Malairium
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Founded: Aug 16, 2020
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Postby Malairium » Sun Apr 25, 2021 1:19 am

Thank you for your assistance. I will work to address these issues. If you have any suggestions to improve the legislation, please let me know.
We’ll never give you up, and we’ll never let you down

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Malairium
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Founded: Aug 16, 2020
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Postby Malairium » Sun Apr 25, 2021 1:31 am

Tinhampton wrote: In any event, Maxtopia being unable to impose a nationwide lockdown to prevent the spread of tiaravirus without receiving EPARC assistance in this regard does not constitute "genocide, war crimes, ethnic cleansing and crimes against humanity;" mor would the Bigtopian Army failing to plant trees in those locations where the "environment [has been] damaged by [its] actions" or East Lebatuck refusing to implement democratic reforms.


Also, while you are right to say that environmental security (and similar concepts) do not constitute "genocide, war crimes, ethnic cleansing and crimes against humanity", the reason for this being targeted in the legislation is that the very concept of human security is that these elements (FFW), when allowed to decay into a crisis situation, are key causal factors of genocide, war crimes, ethnic cleansing, and crimes against humanity. For example, it is suggested that the basis of the conflict in Darfur was largely ecological. Therefore, the legislation aims to support international security through prevention of conflict, rather than bloody and costful intervention. At the same time, the legislation aims to recognize that failures to plant trees are not equivalent to war crimes, hence the use of a class (x) system.
Last edited by Malairium on Sun Apr 25, 2021 1:32 am, edited 1 time in total.
We’ll never give you up, and we’ll never let you down

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Tinhampton
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Founded: Oct 05, 2016
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Postby Tinhampton » Sun Apr 25, 2021 2:43 am

Simply because X could cause Y does not mean that X always causes Y. (Note also that the actual description of the International Security category is "A resolution to improve world security by boosting police and military budgets." - emphasis added by myself - not "A resolution to strengthen international commitment to human security.")
The Self-Administrative City of TINHAMPTON (pop. 329,537): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549, SC#356, GA#559, GA#562, GA#567, GA#578, SC#374, GA#582, SC#375, GA#589, GA#590, SC#382, SC#385*, GA#597, GA#607, SC#415, GA#647, GA#656, GA#664, GA#671, GA#674, GA#675, GA#677, GA#680, Issue #1580, GA#682, GA#683, GA#684, GA#692, GA#693, GA#715
The rest of my CV: Cup of Harmony 73 champions; Philosopher-Queen of Sophia; *author of the most popular SC Res. ever; anti-NPO cabalist in good standing; 48yo Tory woman w/Asperger's; Cambridge graduate ~ currently reading The World by Simon Sebag Montefiore

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Calamari Lands
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Postby Calamari Lands » Sun Apr 25, 2021 3:48 am

OOC: Beyond my problems with the concept of this resolution, it's 6900+ characters long according to my calculations, and not counting the formatting. That's way over the limit, isn't it?
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Wrapper
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Postby Wrapper » Sun Apr 25, 2021 1:37 pm

OOC: There are portions of this that are plagiarized. You cannot copy from UN documents or any other sources (including definitions). You'll need to reword all of that.

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Outer Sparta
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Postby Outer Sparta » Sun Apr 25, 2021 1:50 pm

Opposed since it's not really a suitable issue for international debate and that there are major flaws with concept and execution.
Free Palestine, stop the genocide in Gaza


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