보호책임의 내용과 법적 성격

Responsibility to is a response to the agenda “if humanitarian intervention is, indeed, an unacceptable assault on sovereignty, how should we respond to gross and systematic violation of human right?” R2P proposes a conceptual shift in the discourse about humanitarian intervention. It bases this change by placing (1) every state under the responsibility to protect its citizens from mass atrocity; and (2) international community under residual responsibility to protect in case of the failure of the State concerned. Under this premise, the humanitarian intervention into a State that fails to meet the primary responsibility to protect does not constitute intrusion into that State's sovereignty, but rather is considered as realization of residual responsibility of international community. R2P, furthermore, broadens the concept of humanitarian intervention from mere intervention to a more comprehensive approach encompassing three sub-responsibilities: responsibility to prevent, that to react, and that to rebuild. The measures taken for the responsibility to react are also comprehensive, including military intervention and those short of military means. The dramatic change of the political discourse on mass human right violations raised suspicion from week States on the abuse of R2P as a vehicle for the interventionist vehicle through the change of existing international norms. The in-depth legal analysis of this paper on the components of R2P shows that most of its components are anchored on the existing norms of international law. This paper also proposes that the suspicion is due large to ambiguity surrounding R2P's expression on some critical issues. Based on this analysis, this paper argues that it is needed to make more clear the hot issues, such as military intervention without prior authorization of the Security Council and the restriction on the discretion of the Security Council, in order to solve useless suspicion and to broaden the support of R2P. With this widened support, it is recommended to move the discussion on R2P into more constructive one on how to vitalize political will for the protection of human rights and to enhance efficiency of institutions of human rights.