EVOLUTION AND DIFERENCES OF THE CONCEPTS OF RESPONSIBILITY TO PROTECT AND RESPONSIBILITY WHILE PROTECTING

• Grant number: 12/21341-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: March 01, 2013
• End date: December 31, 2013
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Caio Gracco Pinheiro Dias
• Grantee: José Eduardo de Lima Flores
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

Future work aims to study the concept of responsibility while protecting (RWP) and responsibility to protect (RtoP), as they appear to be the issue of most importance to the current armed crises, characterized by the increasing use of technologies and warlike aspect of internationalization conflicts with major influences to the international community. The concept of responsibility to protect, however, was not sufficiently developed since its first appearance, after the Kosovo conflict, which causes serious doubts as to its meaning and consequences. These difficulties, in turn, have caused in many conflicts a series of authoritarian and abusive actions of the procedures provided by this concept, such as changing regimes and human rights abuses, which it sought to combat. Throughout history, was presented by Brazil in the opening of the UN General Assembly of 2011 the concept of responsibility while protecting, theorized as essential guidelines for the implementation of the responsibility to protect in order to prevent abuse caused by intervening powers that went beyond the mandate Security Council of the United Nations. Today, with two concepts that aim to serve the apparatus for the protection of human rights and that somehow destabilize the regulation of the use of force, the United Nations is in a dangerous position of lack of understanding of the meaning of these concepts, especially in relation to the term liability provided by each of them, which makes it unable to respond effectively to international situations.